Can the deposit not be refunded if the tenant sublets the house to others privately?

The deposit is not refundable. If the tenant sublets the house without authorization, the landlord can immediately request to terminate the contract and ask the other party to bear the liability for breach of contract and compensate for the losses. And the landlord has the right to ask the second landlord to move out of the house. With the consent of the lessor, the lessee may sublet the lease item to a third party. It is a breach of contract for the tenant to do so. If there is no liquidated damages, the deposit can be deducted as liquidated damages.

Legal analysis

In subletting a house, the lessee is not the owner of the house, but the landlord before the lessee is the owner of the house. In the case that the lease contract does not stipulate subletting, even if the lessee does not have the landlord's order prohibiting subletting, it is not allowed to sublet at will. If this happens, the landlord can cancel the lease contract, but the deposit will be refunded. It is invalid for the tenant to sublet without authorization, which has violated the agreement in the contract. But if you agree to the original rent, you can also sublet it, but the key point is to reach the consent of the original owner. If the lessee sublets the house to the sub-tenant without the consent of the lessor, but the lessor knows or should know that the lessee sublets the house to the sub-tenant without any objection (implication), it shall be deemed that the consent of the lessor has been obtained and the sub-lease contract is valid. If the lessee sublets the house to other lessees without the consent of the lessor, and the lessor is unaware of it, the sublease contract shall be deemed to be of undetermined effect. If the tenant wants to sublet the house, it is best to get the consent of the landlord, otherwise the legal responsibility will be heavier. Of course, if the tenant sublets without authorization, the corresponding subletting behavior will generally be deemed invalid. The landlord can also not refund the deposit for this.

legal ground

Article 716th of the Civil Code of People's Republic of China (PRC), the lessee may sublease the leased property to a third party with the consent of the lessor. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid; If a third party causes losses to the lease item, the lessee shall compensate for the losses. If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.