The leased house is moldy, and the landlord refuses to terminate the contract and refund the deposit. What should I do?

If the leased house is moldy and the landlord refuses to terminate the contract, the refund of the deposit can be settled through negotiation first. If negotiation fails, the landlord can take judicial procedures to safeguard his legitimate rights and interests. If the rented house is moldy, the landlord is obliged to move out. If the landlord does not dismantle or refund the deposit, the tenant has the right to request a refund of the deposit.

Legal analysis

According to the relevant laws and regulations, if the leased house is moldy and the landlord refuses to terminate the contract, the deposit refund problem can be solved through negotiation first, and a lawsuit can be brought if negotiation fails. Usually wins the case, because the lessor has the obligation to ensure the normal use of the house, and should fulfill the maintenance obligation in time when such mildew occurs. Obviously, the other party's refusal to perform its obligations and not ensuring the normal occupancy of the lessee has constituted a breach of contract, and it can be investigated for its responsibility according to the contractual liability for breach of contract. If there is no liability for breach of contract, at least the remaining rent can be returned. Discuss with the landlord for the last time. If you fail, you will have to go through legal procedures. The relationship between rights and obligations in this case is clear, and the lessee is not at fault, which can basically win the case. According to the provisions of China's Contract Law, during the lease period, if the lessee causes the housing cover to be moldy, the lessor may require the lessee to restore the original state. If the lessee fails to recover, the lessor may not return the deposit as agreed in the contract, but the lessor has the obligation to deal with the moldy house. If there is a dispute between the two parties, it can be settled through litigation.

legal ground

People's Republic of China (PRC) Civil Code

Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

Article 713 Where the lease item needs maintenance, the lessee may require the lessor to maintain it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee can carry out the maintenance by himself, and the maintenance expenses shall be borne by the lessor. If the maintenance of the leased property affects the lessee's use, the rent shall be reduced or the lease term shall be extended accordingly. If the lease item needs maintenance due to the fault of the lessee, the lessor shall not undertake the maintenance obligation specified in the preceding paragraph.