Landlord Trying to Scam Me Out of My Deposit

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  • #9626
    Avatar photopt2k
    Member

    My landlord doesn’t want to pay back my deposit.

    The agent advised me that chinese people normally just continue to stay in the apartment if the deposit is not returned and that there isn’t much else one can legally do.

    Has anyone dealt with the local small claims court?

    #23196
    Avatar photoCharlie
    Keymaster

    Do you have a contract with the landlord? What is the landlord claiming to not give you the deposit – damage to the apartment or furniture, something like that?

    I’ve never heard of people doing that, but you can try it and let us know how it works out.

    #23220
    Avatar photokyleh
    Member

    Refuse to leave the apartment, he will change his tune quickly.

    #23225
    Avatar photoBrad Gies
    Participant

    Well, welcome to Canada…uh.. the USA… uh.. China! I guess it just proves that landlords everywhere are the same :). Unfortunately, here the options for court are probably not worth your time.

    I think it’s pretty common here for the landlord to keep any deposit you give. I’m a rookie as far as living in China, but I live with my Chinese girlfriend, and when I moved in with her, she was upset because the landlord charged her another 1,200 RMB deposit because a foreigner would be living here. I told her, well.. it’s not the much and we will get it back. Her reply was that I don’t understand. In China, you never get the deposit back :).

    So… I hope the deposit is not too much. My girlfriend says the only thing you can do is negotiate as small a deposit as possible, using the argument you know it won’t be returned, when you initially rent the apartment. Once the landlord has it, they aren’t going to give it back.

    Brad.

    #23235
    Avatar photoDuJiangYan
    Participant

    i guess the contract is in chinese,post it on the page, i can check it out for you

    #23236
    Avatar photokyleh
    Member

    i got my deposit back from every apartment, although usually we end up bitching over damage and stuff, and i’ve been here 5 years.. don’t let yourself get screwed like Brad is suggesting..

    never heard of anyone asking for higher deposit because of a foreigner either.. although i’ve been refused apartments for that reason

    #23239
    Avatar photoMichael M
    Participant

    I’ve never had a full deposit back in cash in China, but you can use it to pay off any outstanding bills etc. So the best thing is to leave the last few months of Management fee (物管费) and any utilities which you can get away without paying (without being cut off) until the very end. Then you can just tell the landlord to use the deposit to pay for these things.

    I had one apartment where the outstanding Management fee was actually larger than the deposit, so I just paid the extra and all was good.

    Interesting that they would charge a higher deposit for foreigners. I’d like to know what kind of terrible habits this landlord thinks laowais have that command an extra deposit!

    #23253
    Avatar photoTracy Lee
    Participant

    Oh, poor you. Sometimes, the landlord is indeed unreasonable! But, of course, you can get your deposit back. Just find out why the landlord does not want to give your deposit back first and then take some effective measures. Of course, you can solve the problem by suing him or her in court, but, trust me,it will take a lot of time and energy. Find a local friend to help you. It will be effective.

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