[Direct answer]The landlord withholds the security deposit for damage to the house, but must prove that the damage is due to the tenant's fault and exceeds the normal range of wear and tear. According to Article 710 of the Civil Code, the lessee shall not bear liability for compensation if the damage is caused by using the leased property in accordance with the agreed method or the nature of the leased property; Article 711 stipulates that only if the lessee fails to use the leased property in accordance with the agreed method and the leased property is damaged, shall the lessee bear liability for compensation; Article 733 requires the return of the house in accordance with the agreed condition. If the damage is due to natural aging, normal wear and tear, or the landlord cannot prove the tenant's fault, the security deposit shall be refunded in full; if it is unreasonably withheld, the lessee may claim the return and compensation according to the liability for breach of contract stipulated in Article 577. It is recommended to videotape and keep the handover form as evidence when checking out. For more details, please refer to the following link:Legal services for real estate transactions and construction projectsAndBeijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

When tenants move out of a rental property, landlords often deduct security deposits on the grounds of wall stains, furniture scratches, appliance aging, floor wear, and other issues, which is a common pain point for tenants. Typical scenarios include: landlords blaming tenants for years of natural aging; failing to provide a written inventory during the move-out inspection and unilaterally determining damage afterward; charging high cleaning fees under the pretext of "poor cleaning"; and conflating normal wear and tear with intentional damage. The core of the dispute lies in whether the damage was caused by the tenants' fault, whether it exceeds normal wear and tear, and whether the deduction of the security deposit is supported by contracts and evidence, rather than being decided unilaterally by the landlord.

II. Key points of contention

There are three points of contention: First, the cause of the damage and the apportionment of liability—whether it is the tenant's fault, normal wear and tear, or the landlord's failure to maintain the property. The burden of proof lies with the party claiming the deduction; Second, the distinction between normal wear and tear and actual damage; Third, the basis and amount of the security deposit deduction. Does the contract specify clear compensation standards? Is the deduction reasonable? Does it deduct necessary maintenance costs rather than profiting from the situation? In practice, landlords often reverse the burden of proof to tenants, who need to use handover documents and check-in and check-out footage to refute the claims. Moreover, the contract should stipulate exemptions from liability for normal wear and tear and the timeframe for returning the security deposit in advance.

III. Professional analysis by Henglue Law Firm

When handling deposit disputes, Henglu Law Firm focuses on clearly distinguishing between "normal wear and tear" and "damage" and establishing the burden of proof. According to Articles 710 and 733 of the Civil Code, the lessee has the obligation to return the house as agreed, but normal wear and tear is not compensated. If the landlord claims deductions, he must prove that the damage exceeds normal wear and tear, is caused by the lessee's fault, and the amount is reasonable. The lawyer will first verify the contract's provisions on deposits, acceptance inspections, and maintenance obligations, and then check whether the evidence chain of moving in and moving out is complete. For cases where the landlord shifts the responsibility of natural aging and existing defects to the lessee, the lawyer will refute this based on Article 711, which stipulates that compensation is only due for improper use. For cases involving large amounts of money and the landlord's refusal to return the deposit, the lawyer may combine legal provisions to provide a defense.Creditor-debtor relations and enforcement case servicesDesign collection and litigation plans, and apply for property preservation as needed.

IV. Practical suggestions and legal basis

Legal basis: Article 710 of the Civil Code (effective January 1, 2021) stipulates that if the lessee uses the leased object in accordance with the agreement or its nature and causes damage, no compensation shall be paid; Article 711 stipulates that if the lessee fails to use the leased object in accordance with the agreed method and causes damage to the leased object, the lessee shall bear compensation liability; Article 712 stipulates that the lessor shall bear the obligation to maintain the leased object (unless otherwise agreed); Article 733 stipulates that the lessee shall return the leased object in accordance with the agreed conditions; Article 577 stipulates the liability for breach of contract. Practical advice: When signing the contract, specify the amount of the deposit, the conditions and time limit for its return, and the exemption from liability for normal wear and tear; take photos and videos of the leased object upon moving in and moving out, and sign the handover document; report maintenance issues in writing in a timely manner on a daily basis; send a written notice to demand the return of the deposit and keep records of the notice upon terminating the lease; if the lessor unreasonably withholds the deposit, first negotiate with the lessor and send a letter, and if unsuccessful, initiate litigation in accordance with the contractual jurisdiction and, if necessary, entrust a lawyer to fix the evidence and assert claims.

5. Henglu Law Firm's Advice

The key to winning a deposit dispute lies in "documenting the handover process at check-in and check-out". Most tenants suffer losses due to signing contracts hastily and failing to conduct a proper handover during check-out. Landlords can easily accuse them of causing damage without any proof. Developing three habits can significantly reduce risks: clearly defining the exemption from liability for wear and tear and the return period in the contract, taking clear photos of the original state of the house at check-in, and conducting a joint inspection and leaving video evidence at check-out. If the landlord blames you for natural wear and tear, don't just accept the penalty without a fight. Instead, argue based on Article 710, which stipulates that normal wear and tear is not compensated. If negotiations fail, it is recommended to consult a professional lawyer as soon as possible and seek legal assistance.Legal services for real estate transactions and construction projectsAndBeijing Henglue Law FirmEvaluate the evidence and the path to protecting rights, and recover the deposit and interest through litigation if necessary.

VI. Frequently Asked Questions

Q1: If the walls are dirty and the floor has scratches, is this considered normal wear and tear or should I compensate for it?

Generally, this is considered normal wear and tear and the deposit should not be withheld. According to Article 710 of the Civil Code, if the lessee uses the leased item in accordance with the agreed method or based on the nature of the leased item, and the leased item suffers from wear and tear as a result, the lessee shall not bear the liability for compensation. Wall yellowing over time, minor scratches on the floor caused by daily use, and natural aging of furniture belong to reasonable wear and tear under normal use of the leased item, and the landlord shall not deduct the deposit on this basis. Only when the damage obviously exceeds normal use and is caused by the lessee's improper use or intentional damage (such as large-area graffiti on the wall and serious damage to the floor by sharp objects) will compensation be involved. The judgment standard can refer to the handover photos and the new condition at the time of check-in and check-out, so both the signing and the check-out should be photographed for evidence preservation.

Q2: If the landlord is not present when checking out and only claims that the room is damaged afterwards, is this valid?

After the fact, unilateral claims have weaker evidentiary value, but they are not necessarily invalid. If the lease contract or the handover form has stipulated the check-out and acceptance process, and the landlord refuses to attend the inspection without a valid reason, the tenant can claim that the return has been made in accordance with the agreement. If the landlord claims that there was damage after the fact, the landlord needs to provide evidence that the damage occurred during the lease period and was caused by the tenant. Otherwise, the deduction will lack a basis. The way for tenants to protect themselves is to jointly inspect and sign the handover form with the landlord on the day of check-out, or to record the condition of the house and furniture appliances with video and photos throughout the process and invite a third party to witness it. If the landlord refuses to cooperate, the tenant can inform them in writing or via chat that the house has been vacated and request them to conduct the inspection in a timely manner, so as to fix the evidence of "fulfilling the obligation of returning the house", and prevent being arbitrarily deducted from the deposit afterwards.

Q3: If the contract doesn't mention the refund of the deposit, can the landlord just deduct it at will?

No. The deposit is essentially a guarantee. If the lease relationship terminates and the lessee has no breach of contract or liability for compensation, the landlord should return it. If the contract does not specify the rules for returning the deposit, it does not mean that the landlord can arbitrarily deduct it; they must still follow the provisions of the Civil Code on leasing and breach of contract liability. The deduction must have factual and legal basis. In practice, even if the contract is simple, the court will review whether the house was returned in good condition, whether the damage was the lessee's fault, and whether the deduction amount is true and reasonable. It is recommended that even if the contract is simple, the lessee should use the handover form and video to fix the state of the house, and send a written reminder to request the return of the deposit when vacating the house. If the landlord withholds the deposit without any basis, the lessee can claim the return of the deposit in accordance with Article 577 and, if necessary, file a small claims lawsuit.

Q4: What should I do if the "cleaning fee" and "maintenance fee" charged by the landlord are obviously too high?

The tenant can require the landlord to provide evidence of the actual expenses and reject the excess amount. The deduction of the security deposit should be limited to the genuine and reasonable losses caused by the tenant's fault, and the landlord is not allowed to make profits under the guise of cleaning and maintenance. For the so-called cleaning fees, it should be distinguished whether the tenant left behind garbage (which is reasonable) or it is normal cleaning (which should not be borne by the tenant); for the maintenance fees, it is necessary to prove that the damage is due to the tenant's fault and the expenses are genuine, and to provide receipts. If the amount is obviously higher than the market price, the tenant can claim to calculate it according to a reasonable standard and return the excess amount. If no agreement can be reached, the tenant can refuse to sign the deduction list, keep the images and receipts, and have the court commission an appraisal or determine the amount according to the evidence when suing, to prevent the landlord from unilaterally setting the price.

Q5: If the deposit is deducted, is it troublesome to sue, and is it worth it?

Most deposit disputes involve relatively small amounts, but the threshold for seeking justice is not high. If the facts are clear and the evidence is sufficient, you can opt for small claims litigation or simplified procedures, which are relatively simple and cost-effective. The key is whether there is evidence comparing the "check-in condition" and the "check-out condition", as well as written records of urging for the return of the deposit. Whether it's worth pursuing depends on the amount and the strength of the evidence: if there are complete handover forms and images, the recovery probability is high and it's worth claiming; if there's no evidence at all and it's purely based on verbal promises, the litigation risk is high. Regardless of the amount, it's advisable to send a letter of reminder before suing to fix the other party's refusal to return the deposit, which often leads to a mediation and refund, saving the cost of formal litigation. You can also first resolve the dispute through local mediation organizations, and if unsuccessful, then sue.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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