[Direct answer]In the Beijing area, if the deposit for a store lease is not refunded, the parties may first negotiate according to the contract and the handover records. If no agreement is reached, the tenant may file a lawsuit with the court, presenting the lease contract, the deposit receipt, the handover list, and evidence of breach of contract to request the return of the deposit and compensation for losses. According to Articles 577 and 579 of the Civil Code, if the party receiving the deposit refuses to return it without a valid reason, it constitutes a breach of contract and should bear responsibilities such as continuing to perform the contract and returning the property. Article 566 of the Civil Code stipulates that after the contract is rescinded, the party may request the restoration of the original state and the return of the deposit. It is recommended to fix the evidence of breach of contract and handover before filing a lawsuit. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

In commercial lease agreements, the withholding of deposits (including lease deposits and performance guarantees) by the lessor is one of the most common disputes encountered by operators. Typical scenarios include: after the lease term expires and the tenant vacates the premises, the landlord deducts the deposit on grounds such as wall damage or depreciation of facilities; when the shop is repossessed or subleased by the owner during the lease term, the deposit is refused to be returned; disputes over the non-return of deposits in the event of breach of contract, but disagreements over the determination of the breach of contract; and when the sub-landlord absconds, the landlord and the tenant blame each other. Although the amount of such disputes is generally not large, the evidence is fragmented and the emotions are intense. Improper handling of these disputes can delay the resumption of business operations. Contract disputes can be resolved in conjunction withBusiness and contract dispute resolution services for enterprisesAnalyze the effectiveness of the provisions.

II. Key points of dispute

The disputes in such lawsuits focus on three issues. First, whether there is a contractual and factual basis for the withholding of the security deposit: whether the damage claimed by the landlord exceeds natural wear and tear, and whether it has been confirmed during the handover, are the core issues. Second, the determination of the breaching party: whether it is the tenant who terminates the lease early or defaults on the rent that constitutes a breach of contract, or whether the landlord refuses to return the security deposit without a valid reason, which determines the ownership of the security deposit and the liability for compensation. Third, the validity of the clause stipulating that the security deposit will not be returned in the event of a breach of contract: if such a clause clearly imposes a heavier liability on the other party or excludes major rights, it may be deemed invalid. For the determination of the lease and breach of contract, please refer to the relevant provisions of the Contract Law of the People's Republic of China and other laws and regulations.Creditor-debtor relations and enforcement case servicesIt refers to the practical guidelines or standards in a particular field or area of work.

III. Professional analysis by Henglue Law Firm

The practical observation of Henglue Lawyers in handling disputes over housing rental deposits is that the party who provides evidence of handover and notification is more likely to win the case. From the perspective of court judgments, the court usually requires the lessor to prove the legitimacy of withholding the deposit, that is, there are contractual or statutory damages to the house or facilities, unpaid fees, etc., and the damage exceeds the normal reasonable wear and tear; if the lessor only verbally accuses the tenant without providing handover comparison and repair invoices, he or she is often ordered to return the deposit. In practice, judges also pay attention to the nature of the deposit: if the deposit is actually a penalty for breach of contract, it should be subject to the rules of actual losses and reasonable foreseeability. Henglue Lawyers suggest that tenants keep video and communication records throughout the signing and performance of the contract, and send a letter to fix their position first when a dispute arises; the lessor should standardize the handover form and deduction details to avoid arbitrary withholding of deposits leading to breach of contract compensation. For more contract protection, please refer to the relevant information.Legal services for real estate transactions and construction projects.

IV. Practical suggestions and legal basis

Legal basis: Article 577 of the Civil Code (effective January 1, 2021) stipulates that failure to fulfill contractual obligations shall entail such breach of contract liabilities as continuing performance, taking remedial measures, or compensating for losses; Article 579 specifies that if a party fails to pay the price or remuneration, the other party may request its payment; Article 566 provides that after the contract is terminated, the party that has performed its obligations may request the restoration of the status quo, take other remedial measures, and have the right to request compensation for losses; the Civil Procedure Law stipulates the jurisdiction of contract disputes and small claims procedures. Practical suggestions: When signing the contract, specify the amount of the deposit, the conditions for its return, the standards for the handover of the house, and the handling of breaches of contract; make written handover records and take photos when moving in and vacating the house; settle outstanding fees promptly and keep receipts; if negotiations fail, send a letter of demand and sue in time, noting that the three-year statute of limitations begins from the date when the party knows its rights have been infringed. For details on recovering the deposit, please refer to the relevant provisions.Special services and other case services.

5. Henglu Law Firm's Reminder

Although the amount of the deposit dispute in shops is limited, it directly affects the recovery of operating funds. Henglue Lawyers suggest two bottom lines: First, leave evidence at the time of handover. Whether it's signing a contract or returning the lease, use a written inventory and images to fix the status of the house and facilities; Second, follow the collection process: first negotiate and send a letter, then mediate, and finally sue. Do not use illegal means such as withholding property. When suing, prepare four types of evidence: contracts, receipts, handover forms, and communication records, which will significantly increase your chances of winning. If you are currently troubled by the delay in the deposit, it is recommended that you consult a professional lawyer as soon as possible to grasp the statute of limitations and the initiative in providing evidence. If your business involves corporate law and contract review, you can also learn more about it.Intellectual property protection and corporate legal services.

VI. Frequently Asked Questions

Q1: If the landlord finds an excuse not to refund the deposit when the lease expires, what should I do first?

First, secure the evidence and then discuss collection. 1. Organize and back up the lease contract, deposit receipts or transfer records, and move-in and move-out inspection lists and photos/videos to prove that the property was returned as agreed and there were no damages beyond normal wear and tear. 2. Notify the landlord in writing (via WeChat or letter) to refund the deposit as agreed and set a reasonable deadline. Keep the delivery records. 3. If the landlord still withholds the deposit for unreasonable reasons, you can claim breach of contract against them. First, seek mediation through 12345, the housing authority, or the local government. If mediation fails, sue with evidence in hand. Avoid taking self-help measures such as withholding items or blocking the door, as this may lead to counter-claims of infringement. Instead, follow legal collection procedures and, if necessary, refer to services for creditor-debtor disputes and enforcement cases.

Q2: The contract states that the deposit will not be refunded if the tenant withdraws from the lease midway. Is this clause valid?

This needs to be assessed on a case-by-case basis. If the tenant indeed breaches the contract by vacating the premises early for personal reasons, and the contract stipulates that the deposit will not be refunded as a breach of contract penalty, this is generally valid. However, if the deposit amount is significantly excessive and far exceeds the landlord's actual losses, according to Article 585 of the Civil Code, the parties may request the court or arbitration institution to reduce it appropriately. If the clause was pre-prepared by the landlord, significantly increasing the tenant's responsibilities without providing any notice or explanation, it may be deemed an invalid standard clause. In addition, even if the deposit is not refunded, the landlord should still provide evidence of the actual losses incurred and cannot withhold the full amount without basis. It is recommended to review the deposit and breach of contract penalty clauses when signing the contract, assess the breach of contract costs before vacating the premises, and claim adjustment based on actual losses in case of disputes. You may consult the specialized service and other case service teams for assistance.

Q3: If I want to sue a store for not refunding the deposit, which court should I go to and how much litigation fees do I need to pay?

In terms of jurisdiction, according to Article 24 of the Civil Procedure Law, lawsuits arising from contract disputes shall be under the jurisdiction of the court at the defendant's domicile or the place of performance of the contract. Since the location of the shop is usually the place of performance of the contract, lawsuits are generally filed with the basic-level court in the district where the shop is located. The litigation fees are collected in accordance with the standards for property cases stipulated in the "Measures for the Payment of Litigation Fees", and the amount of the deposit claimed for return is usually relatively low. If the plaintiff also claims for breach of contract damages or losses, the fees shall be calculated based on the total amount. Lawsuits can be filed using simplified procedures or small claims procedures, which are relatively simple in process. It is recommended to calculate the subject matter and evidence list before filing the lawsuit, and prepare multiple copies of the complaint and evidence materials. For specific standards, you can refer to the guidelines on the official website of Beijing Henglue Law Firm.

Q4: If there's no written contract and only a WeChat transfer deposit, can I still get it back?

Yes, but the burden of proof is higher. Oral leases are also protected by the Contracts Chapter of the Civil Code. WeChat transfer records and chat conversations regarding the lease term, rent, and deposit can form a chain of evidence to prove the existence of the deposit relationship. It is recommended to collect additional evidence: WeChat or Alipay records showing the landlord collecting the deposit with a note on the purpose of the payment; screenshots of the dialogue between the parties about the return of the deposit and the house; photos of the house handover; and testimonies from neighbors or property management. The more complete the evidence is, the better it can prove the nature of the deposit and the fact that it should be refunded. When suing, organize these materials into a booklet and submit them to the court. The court will determine the case based on transaction practices. It is important not to give up on claiming rights just because there is no written contract. Timely preserving electronic evidence is key. You can also consult specialized services and other case services for assistance.

Q5: Even after winning the lawsuit, the landlord still refuses to refund the security deposit. How can I enforce the judgment?

After obtaining the effective judgment or mediation agreement, if the landlord still fails to return the deposit within the performance period, you can apply to the court for enforcement. To apply for enforcement, you need to submit an application for enforcement, the effective document, proof of identity, and clues to the other party's property, such as bank account, real estate, and vehicle information. After the court accepts the application, it can take measures such as inquiry, freezing and transferring deposits, sealing and auctioning property, and adding the landlord to the list of dishonest debtors and restricting high consumption. If the landlord truly has no property, the court may terminate the current enforcement, but it can resume enforcement at any time if new property is found. It is recommended to pay attention to and collect clues to the other party's property during litigation or before enforcement to improve the efficiency of recovering the money; if enforcement is blocked, you can refer to the services for promoting the progress of creditor-debtor and enforcement cases.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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