[Direct answer]If the landlord refuses to return the security deposit, the tenant may claim its return in accordance with the lease contract and Article 577 of the Civil Code: first, send a written notice to the landlord and keep the record, stating the objections to the deduction; then, file a complaint with the housing and construction department or 12345 for mediation; if the landlord still refuses to return the deposit, the tenant may sue the court in the area where the property is located or apply for a payment order. The landlord has no right to deduct money for normal wear and tear. Only in the case of actual damage, arrears in rent or fees, and with supporting evidence, can the landlord reasonably deduct the security deposit.

1. Problem background and typical scenarios

When the lease expires or the tenant moves out prematurely, landlords often refuse to return the security deposit for various reasons: deducting money on the grounds of "dirty walls" or "old furniture" for normal wear and tear; confiscating the entire deposit on the grounds of "breaching the contract by moving out early"; delaying the return for months after the tenant moves out, or even blocking and deleting the tenant's contact information. The nature of the security deposit is to guarantee the lessee's performance of the contract, not the landlord's additional income. Deductions must be based on the contract and actual loss evidence. Most tenants consider it a hassle and just give up, but in fact, the success rate of recovering the security deposit through reminders, complaints, and lawsuits is very high. It's also completely feasible to file a lawsuit for small-amount disputes. For the handling of other types of civil disputes, you can refer to the relevant guidelines.Specialised legal services.

II. Key points of dispute

  • Can the deposit be fully withheld? The landlord can only deduct it according to the agreement or the actual losses, and must provide proof of damage repair, unpaid fees, or unpaid rent. They cannot withhold it in a general way by citing "depreciation of the house", "cleaning fees", or "impact on secondary leasing".
  • The liability for breach of contract in the case of early termination of the lease: If there are provisions in the contract, the matter shall be handled in accordance with the provisions. If the contractual penalty is set too high, the party may request the court to reduce it to a reasonable range of actual losses. If there is a surplus after the deposit is used to offset the contractual penalty and arrears, the surplus shall be returned.
  • No written contract or deposit receipt: The tenant can prove the deposit agreement and payment fact by transfer records (with the note "deposit"), chat records, receipts, and rental payment records, and still has the right to claim the return of the deposit.

III. Professional analysis by Henglue Lawyers

In practice, the court's ruling on deposit disputes is relatively clear: If the lessee returns the leased property in accordance with Article 733 of the Civil Code after the lease expires, the lessor shall return the deposit; if the lessee uses the leased property in accordance with the agreed method and causes the leased property to be worn out (Article 710), he shall not bear the liability for compensation. Generally, the landlord's deduction of the deposit for "natural wear and tear" or "wall aging" is not supported. Henglue Lawyer's experience in handling lease and various contract disputes is that the outcome often depends on the handover evidence - taking photos and videos of each room when moving in and out, signing the handover form and inventory list and keeping them can directly identify the state of the house; if the deposit is transferred through bank transfer with a note on the purpose, the nature of the funds will be locked. In addition to the principal of the deposit, the litigation request can also claim the interest on the occupied funds from the date when it should be returned. The judicial thinking and evidence-gathering methods of such contract disputes can also be referred to.Legal services for contract disputesSmall-amount cases are subject to simplified procedures, which have a short duration and low cost. It is also a feasible option to entrust a lawyer to draft legal documents and then appear in court on one's own.

IV. Practical suggestions and legal basis

Legal basis: Article 509 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that parties shall fully perform their obligations in accordance with the agreement, and the landlord shall return the deposit as agreed upon when the lease term expires; Article 710 stipulates that if the lessee uses the leased property in accordance with the agreed method and causes its depreciation, he shall not bear the liability for compensation; Article 733 stipulates that when the lease term expires, the lessee shall return the leased property, and the lessor shall settle the deposit; Article 577 stipulates that if the party fails to perform its contractual obligations, it shall bear the breach of contract liabilities such as continued performance and compensation for losses. Operational steps: First step: Send a written reminder via WeChat, SMS, or email, specifying the amount and deadline for the return and keeping the record. Second step: Submit a complaint to the housing and urban-rural development department of the area where the property is located or call 12345 for mediation. Third step: If the deposit is still not returned, file a lawsuit with the court in the area where the property is located or the defendant's domicile, requesting the return of the deposit and interest. Online filing can be done through the People's Court Online Service. If the other party refuses to comply with the effective judgment, you can apply for enforcement, and the relevant procedures can be referred to for reference.Creditor's rights and debts, and enforcement of legal servicesIf you need help with handling lease disputes, you can refer to the following resources for more information.Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Reminder

The amount of the deposit dispute is usually not large, but the delay and disputes are the most draining. Developing three habits can avoid 90% of disputes: keeping the landlord's identity and property rights information when checking in, taking photos and videos of each room, and transferring the deposit through bank transfer with a note; leaving a record of communication about repairs during the lease period; and arranging a face-to-face handover and signing a settlement statement when moving out. If it's impossible to settle the matter in person, a written agreement on the refund period should be made. With these procedures in place, the vast majority of deposit disputes can be resolved without litigation; in the event of litigation, small-scale cases with complete evidence can often obtain a judgment in a single court hearing. For more legal service information, please visitBeijing Henglu Law Firm.

Q1: If no written contract is signed, can I get my deposit back?

Yes. A written contract is not a prerequisite for the return of the deposit. Transfer records of the deposit payment (with the note "deposit"), receipts issued by the landlord, chat records regarding the amount of the deposit and the conditions for its return, rental payment records, etc. can all prove the existence of the lease relationship and the fact of the deposit. A lease without a written contract is considered an indefinite lease, and either party can terminate it at any time. The landlord has no justification to withhold the deposit for a long time. It is recommended to first gather a complete chain of evidence before sending a reminder letter. Many landlords will directly refund the deposit upon seeing all the evidence; if no agreement can be reached, you can sue with these evidences. Generally, the court will support the request for the return of the deposit if the facts are clear.

Q2: Is it legal for the landlord to withhold the security deposit on the grounds that the walls have become dirty and the furniture has aged?

It is usually illegal. According to Article 710 of the Civil Code, the lessee shall not bear liability for compensation for normal wear and tear caused by the use of the leased property in accordance with the agreed method; natural deterioration of the walls, normal wear and tear of the floor, and traces of use on the furniture belong to the category of wear and tear and shall be borne by the landlord himself. If the landlord wants to deduct money, he must prove that the lessee has engaged in improper use or caused intentional damage, and provide actual loss evidence such as repair contracts and payment receipts. If no photos were taken as evidence during the handover, the court will make a comprehensive judgment based on the length of the lease term, the newness of the house, and the condition of the traces. Generally, if the lease term is longer and the traces are minor, it will be deemed normal wear and tear, and the deposit shall be refunded.

Q3: Will the deposit be fully confiscated if I terminate the lease early?

Not necessarily. If the tenant terminates the lease early, it constitutes a breach of contract, and the tenant shall bear the breach of contract liability as agreed in the contract. However, the landlord should still settle the deposit and the actual losses: if the breach of contract penalty is set too high, the tenant may request the court to reduce it to a reasonable range of actual losses; if there is a surplus after deducting the breach of contract penalty and the unpaid fees from the deposit, the landlord shall return it. If the termination of the lease is the result of mutual agreement between the parties, the landlord has no right to confiscate the deposit. It is recommended to notify the landlord in writing of the termination of the lease and agree on the time for the inspection and handover of the house to avoid the landlord claiming expanded losses on the grounds of "the tenant has left the house empty" or "the house is vacant"; when the handover takes place, ask the landlord to indicate the deduction items and amounts on the settlement form, which will provide a basis for comparison in case of disputes.

Q4: Is it troublesome to sue over a deposit dispute? How much does it cost?

No problem. For cases with small amounts (mostly ranging from a few thousand yuan to 20,000 yuan), small claims litigation or simplified procedures are applicable. The litigation fees range from tens of yuan to hundreds of yuan, and the first-instance trial is usually completed within three months. For small claims cases, the first-instance trial is the final instance. Filing a lawsuit can be handled online through the People's Court Online Service mini-program. The complaint should include the parties' information, the litigation request (return of the deposit and interest), and the facts and reasons. Evidence includes contracts or transfer records, chat records, and handover photos. If you don't know how to write a complaint, you can hire a lawyer to draft it and guide the process, and the cost is manageable. If the landlord still refuses to return the deposit after the judgment takes effect, you can apply to the court for enforcement, and the court will investigate and control their bank accounts and add them to the list of untrustworthy individuals, which is very intimidating.

Q5: If the landlord goes missing or sells the house, who should I ask for the security deposit?

The deposit obligation does not disappear with the sale of the house. According to the rule of "the lease remains effective after the sale of the house", the lease contract continues to be effective for the buyer of the house, and the deposit obligation will be inherited with the contract. The tenant can claim against the new landlord or sue the original landlord. If both parties refuse to assume responsibility, they can be listed as joint defendants. If the landlord is uncontactable, the tenant can sue directly with the contract, transfer records, and chat records. The court can serve the judgment by public announcement and make a default judgment. After the judgment takes effect, the tenant can apply for forced execution to investigate and seize the landlord's assets. In addition, if the landlord has been uncontactable for a long time and disappeared after collecting the deposit and rent, they may be suspected of embezzlement or even fraud, and the tenant can report the case to the public security organ at the same time. Never give up on protecting your rights just because the landlord is uncontactable. It's not difficult to recover the debt as long as you have complete proof of the debt.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm