What to do if the apartment owner does not return the deposit

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DEPOSIT AGREEMENT

__________________ “____”______________20__
Mr(f)________________________________________________________________________________

Subject of the agreement

1.1. The Depositor received from the Depositor an amount in the amount of _______________________ (__________________________________________________________)

rubles as a guarantee of fulfillment of his obligation to conclude a rental agreement for residential premises, the monthly rental fee for which is __________________

(___________________________________________). The residential premises are located at: __________________________________________________________

_____________________________________________________________________________.

1.2. The amount specified in clause 1.1 is transferred by the Depositor to the Depositee on account

payment due for renting a Residential Premises and is included in the rental price

Residential premises.

1.3. The Lender is obliged to make payment for the Rental of Residential Premises during the term of this Agreement.

1.4. In the event of the Depositor’s refusal, the amount contributed as a guarantee for the fulfillment of his obligations to conclude the agreement remains with the Depositor.

1.5. If the Depositee refuses to rent out the Residential Premises described in clause 1.1, he shall pay the amount specified in clause 1.1 as a guarantee of its fulfillment

obligations to conclude an agreement is returned to the Depositor in double amount.

Duration of the Agreement

2.1. This Agreement comes into force on the year "_____"_________________ and is valid until the year "____"____________________.

Additional terms

3.1. This Agreement is drawn up in two copies - one for each of the Parties.

3.2. __________________________________________________________________________

____________________________________________________________________________.

Signatures of the parties

Depositor _________________________ Depositor ______________________

Download the document “Agreement on deposit when concluding a residential lease agreement”

How to return?

The ideal situation is:

The landlord has no claims against the tenant, and the funds are returned upon termination of the contract in full, or, by agreement, the deposit can become payment for the last month of residence in the apartment.

On the last day of the tenant's stay in the rental property, a transfer and acceptance certificate is signed and the deposit is returned. The parties leave their signatures, confirming that they have no claims against each other.

If any damage is caused to the property, the parties may agree that the owner will retain some of the deposit, or the tenant may repair the damage themselves and receive the full amount of the deposit.

What to do if they don't return it?

If the tenant faithfully complied with all the terms of the contract and no damage was caused to the property, and the mortgagee refuses to return the money, then first of all the tenant can file a claim in the name of the unscrupulous owner.

For reference: The landlord can justify his reluctance to return the deposit with a list of damaged property, which in fact may be the natural wear and tear of things caused by their long-term use. In this case, the tenant has every chance of winning in court with a claim for unjust enrichment.

Additionally, the threat of filing a tax claim may affect a landlord who fails to pay taxes on rental income.

If the landlord does not answer calls or communicate, the tenant can go to court by first drawing up an act of return of property and sending it by registered mail to the owner of the property.

Attention: a plus for future proceedings will be the presence of photo or video recording of the condition of the apartment at the time of drawing up the act.

Receipt for receipt of a deposit when renting an apartment

Receipts for receipt of a deposit and advance payment (prepayment) are the most common methods of advance payment when concluding an apartment rental agreement . The purpose of transferring funds in the form of a deposit or advance payment is to confirm the parties’ intentions to enter into a lease agreement for an apartment . A deposit and an advance payment (prepayment) have common features - funds are paid towards future payments, before the actual execution of the apartment lease agreement . The difference between an advance and a deposit is manifested in the consequences of failure to fulfill the obligation to conclude a rental agreement for an apartment. If the party who gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for non-fulfillment of the contract, he is obliged to pay the other party double the amount of the deposit. This rule does not apply to advance payments. The advance is returned, and the party guilty of disrupting the transaction does not bear any sanctions.

“...” …………………. 20… g.……………………

I, ………………………………………….……, passport ………. No………………… issued

…………………………………………… "……" ……………….. 20…. city, department code (name of the authority that issued the passport)

registered at:

city …………………… street …..……………………..… house …… building ……… apt …..

received from .…………………………………………, passport ………. No………………… issued

…………………………………………… "……" ……………….. 20…. city, department code (name of the authority that issued the passport)

registered at:

city …………………… street …..……………………..… house …… building ……… apt …..

as a deposit a sum of money in the amount of

……………………………………………………………………………………………. rubles, (in words)

towards future payment for the rental of property owned by me

……-room apartment located at the address: ……………….………………………

st. ……………………………………. house……………….. bldg. ……………… sq. …………..

The fact that I receive money means that I undertake to rent out this apartment

gr …………………………………………………………………………………………………………….

The conclusion of the lease agreement will take place no later than “……………………………. 20….. g.

Lessor ……………………………………/…………………….

“……………………. 20….. g.

Employer ……………………………………/…………………….

“……………………. 20….. g.

Note. Civil Code of the Russian Federation Chapter 23 Article 380. The concept of a deposit. Deposit agreement form

A deposit is recognized as a sum of money given by one of the contracting parties in payment of payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution.
The agreement on the deposit, regardless of the amount of the deposit, must be made in writing.
In case of doubt as to whether the amount paid towards payments due from the party under the contract is a deposit, in particular due to non-compliance with the rule established by paragraph 2 of this article, this amount is considered to be paid as an advance unless proven otherwise.

Article 381. Consequences of termination and failure to fulfill an obligation secured by a deposit

If the obligation is terminated before the start of its performance by agreement of the parties or due to the impossibility of performance (Article 416), the deposit must be returned.
If the party who gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for non-fulfillment of the contract, he is obliged to pay the other party double the amount of the deposit.

In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract.

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Instructions for transferring money

The deposit is transferred to the owner on the day the contract is signed and the keys are handed over. If the housing is rented through an intermediary, then he is also present at the transaction.

The procedure algorithm looks like this:

An inventory is drawn up, signed by both parties: the property transferred for use to the tenant is listed, the condition of the furniture and household appliances is described, and defects, if any, are indicated.
If the landlord and tenant agree with the items listed in the transfer and acceptance certificate, the document is signed. A rental agreement is also signed. The realtor (if involved) also signs all documents.
The owner receives a deposit and payment for the first month of rent. If a realtor is involved, his services are paid.

Important! When transferring funds, it is advisable to draw up a receipt, which is proof that the money has been transferred to the lessor.

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