The effectiveness of deposits. As a form of guarantee, deposit is widely used in the following contracts, lease contracts, especially housing lease contracts. Unfortunately, the Regulation on the Administration of Private Houses in Cities (L case 1983 12 17) promulgated by the State Council has maintained a clear negative attitude towards the use of down payment in house lease contracts.
However, the People's Republic of China (PRC) Urban Real Estate Management Law, which was passed by the National People's Congress and implemented on June 5438+1October, 1995, does not prohibit the use of down payment in the fourth section of housing lease. According to the hierarchical principle of legal effect, People's Republic of China (PRC) Real Estate Management Law should be applied, that is, the parties are allowed to agree to use the deposit guarantee by themselves. Because what is not prohibited by law is legal, which is a reasonable and legal inference.