Can I refund the deposit only if there is no contract receipt?

If the deposit receipt is lost, the deposit can generally be refunded. If the deposit receipt is lost, it will not change the fact that the deposit has been paid. If there is other evidence that the deposit has been paid, you can ask the party who collected the deposit for a refund. Deposit is a pledge guarantee, so deposit is equivalent to pledged property in nature. Even if the deposit slip is lost, as long as the other party writes a receipt stating that the deposit has been received.

Legal analysis

If the deposit receipt is lost, the deposit can be refunded. Just ask the landlord directly. If the landlord doesn't return, he can go through legal procedures. 1. Generally speaking, there is an agreement on the deposit in the lease contract. If it is not clearly stipulated that the deposit is the only basis for refund, and the renter has other evidence (payment flow record), the deposit will be refunded. 2. When paying the deposit, the landlord will issue a receipt in duplicate, and the landlord himself will keep one copy. Therefore, as long as the parties write a written statement to explain to the landlord that there is no breach of contract and the deposit slip is lost, the landlord should refund the parties. 3. the deposit paid for renting a house is a pledge. Although the deposit receipt was lost, the landlord said that there was no legal basis for not returning it without the original receipt. As long as there is no breach of contract, the landlord should refund the deposit according to the regulations. Deposit means that one party pays a certain fee to the other party to ensure that its behavior will not harm the interests of the other party. If damage is caused, he can pay the expenses according to the facts or make compensation separately. After the legal relationship between the two parties does not exist and there are no other disputes, the deposit shall be refunded. If you breach the contract, it will be deducted.

legal ground

People's Republic of China (PRC) Civil Code

Article 436 Where the debtor performs the debt or the pledger pays off the secured creditor's rights in advance, the pledgee shall return the pledged property. According to the agreement of the parties, if the debtor fails to perform the due debts or realize the pledge, the pledgee may agree with the pledgor to discount or give priority to the payment with the proceeds from auction or sale of the pledged property. Where the pledged property is discounted or sold, it shall refer to the market price.

Article 437 Upon the expiration of the debt performance period, the pledger may request the pledgee to exercise the pledge right in time; If the pledgee fails to exercise it, the pledger may request the people's court to auction or sell the pledged property. Where the pledgor requests the pledgee to exercise the pledge right in time, and the pledgee delays in exercising the right and causes damage to the pledgee, the pledgee shall be liable for compensation.