Clubs · Dec 12, 2024 · 2 min read
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Clubs · Dec 12, 2024 · 2 min read
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This article answers questions about the deposit required when signing a rental or tenancy agreement. It also provides information on the factors that affect the deposit amount and what to consider to protect the tenant's rights.
A housing lease contract is a civil contract, under which the lessor is obliged to deliver the house to the lessee for use within the agreed term and the lessee is obliged to pay rent as agreed or as prescribed by law.
According to the provisions of Article 328 of the 2015 Civil Code, the deposit is regulated as follows:
“1. A deposit is an act in which one party (hereinafter referred to as the depositor) delivers to the other party (hereinafter referred to as the deposit recipient) a sum of money or precious metals, gemstones or other valuables (hereinafter referred to as the deposited property) for a period of time to secure the conclusion or performance of a contract.
2. In case the contract is concluded or performed, the deposit shall be returned to the depositor or deducted to fulfill the payment obligation; if the depositor refuses to conclude or perform the contract, the deposit shall belong to the deposit recipient; if the deposit recipient refuses to conclude or perform the contract, the deposit shall be returned to the depositor and an amount of money equivalent to the value of the deposit, unless otherwise agreed.
Thus, a deposit is when one party (hereinafter referred to as the depositor) delivers to the other party (hereinafter referred to as the deposit recipient) a sum of money or precious metals, gemstones or other valuables (hereinafter referred to as the deposited property) for a period of time to secure the conclusion or performance of a contract.
The law does not stipulate the deposit amount when renting a house. The deposit amount when signing a house or rental contract will be agreed upon by both parties. This deposit is to ensure the performance of the obligations of the parties.
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