Legal Question in Landlord & Tenant Law in China

Hello everybody,

i have a question.

On the 31st of July i flew to China and moved into my room in a 3 people apartment on the 2nd of August. I had previously agreed to rent the apartment until the beginning of February orally. With my first rental month starting on the 15th of July and ending on the 15th of August. I also paied a 500euro security deposit and the first rent prior to my arrival.

On the 4th of August I was told that I would have to move out at the beginning of October because the main Tenant (another person and I pay the rent to her and she adds her end and pays it to the actual tenant) will leave the country. The main tenant already knew about this for almost 2 weeks prior to my arrival but did not even tell it to me on the 4th directly. I had to ask directly about it.

When I got te information from her, I told her directly that this is very bad for me and I considered this as a breack of our contract and that I will start looking for a new apartment and move out soon.

On the 7th of August I told her that I had found a new apartment and would like to move out on the 15th of August (since that is the day when my monthly rental payment expires). She told me that she was unhappy about it but that she was okay with it, since she understood my situation of being tricked in her apartment by not telling me I would have to move out at the beginning of October.

However she does not want to pay me back my security deposit when I move out.

Is this correct, how long is she allowed to keep it? Once again, we had an oral contract stating that I would be able to stay until February which she obviously broke.

Thank you for your help.

1 Answer from Attorneys

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