One day, Xiao Zhou saw a house rental advertisement and contacted Xiao Wang, the lessor, to ask about the rental. The next day, Xiao Zhou transferred a deposit of 10000 yuan to Xiao Wang through WeChat and agreed to sign a rental agreement 15 days later. Three days later, Xiao Wang rented the house to Xiao Li. For this reason, Xiao Zhou asked Xiao Wang to return the deposit twice, but Xiao Wang refused. Does Xiao Zhou's request have legal basis? No case. The deposit is generally regarded as the advance payment, and the deposit has the nature of guaranteeing the performance of the contract. Article 586 of the Civil Code stipulates that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract shall be established when the deposit is actually paid. Article 587 of the Civil Code stipulates that, if the debtor performs his obligation, the deposit shall be set off against the price or recovered. If the party who pays the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, thus making it impossible to achieve the purpose of the contract, it has no right to claim the return of the deposit; If the party receiving the deposit fails to perform its obligations or fails to perform its obligations in accordance with the contract, which makes it impossible to achieve the purpose of the contract, it shall return twice the amount of the deposit. (Liu Xinshe)
Edit：Yi Bing Responsible editor：Wei Li Bin
Source：people.com.cn
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