1. How much rental deposit should I pay?
1. At present, there is no specific and clear stipulation on the amount of deposit that renters need to pay in China. Generally, the deposit can only be agreed by both parties, but you must remember to write a deposit agreement, write down all the rental information and restrictive terms, and issue a receipt. The deposit means that if the tenant refuses to rent the house, the deposit will not be refunded. If the owner refuses to rent it to the tenant, double compensation will be paid to the tenant.
2. What is the rental deposit? Although there are no relevant regulations in China at present, the standards are roughly the same in different places. Generally speaking, it is recommended that the deposit should not exceed 20% of the monthly rent.
Second, the difference between rental deposit and deposit
1. The purpose of the deposit stipulated in the house lease contract is to ensure the safety of the contents of the house and the house itself. Once the lessee damages the house or the contents of the house, the lessor requires the lessee to bear the liability for compensation. At this time, the lessor has the right to get compensation from the deposit first, and if there is any balance, it should be returned to the lessee; If the deposit is insufficient for compensation, the lessor still has the right to ask the lessee to make up.
2. In the existing laws of our country, there are only clear provisions on the deposit, but there are no clear and detailed provisions on the deposit for the time being.
The deposit has specific provisions on liquidated damages: if the payer fails to perform his contractual obligations, he has no right to request the return of the deposit; If the party accepting the deposit fails to perform its contractual obligations, the deposit will be returned twice. If one party fails to fully perform the contract, the deposit penalty shall be applied according to the proportion of the unfulfilled part in the contract.
3. Article 118 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) stipulates that if the parties have paid the retention money, guarantee money, deposit, contract money, deposit and deposit, the people's court will not support their right to claim the deposit, but it does not specify the nature of the deposit.