1, with different properties. Deposit is a legal way of guarantee, and deposit is only a form of transaction, which has no legal effect;

2. The range of setters is different. The deposit can only be guaranteed by the tenant, and the deposit can be guaranteed by a third party;

3. Different consequences of breach of contract. The deposit has the effect of guaranteeing and using the debtor to perform the contract. If the lessee fails to perform its contractual obligations, it has no right to recover the deposit. If the landlord fails to perform the contractual obligations, it can be returned in full.

4. The limit is different. The amount of deposit shall be agreed by the parties to the contract, and the agreed amount shall not exceed 20% of the main contract amount, and the excess shall not have the effect of deposit; The amount of the deposit shall be agreed by the parties themselves, and shall be limited to countless.

What about the deposit?

In the absence of a clear agreement on the nature of the deposit, the role of the deposit is to set a guarantee for the house and the property therein. If the landlord's indoor facilities and property are damaged during the lease period, it will be deducted from the deposit. If no losses are caused, the lease deposit shall be returned to the lessee in full; However, the party paying the deposit, that is, the lessee, has no right to recover the deposit if it fails to perform its contractual obligations; The party who accepts the deposit, that is, the landlord, fails to perform the contractual obligations and does not undertake the obligation to return the deposit twice; Whether the rental deposit can be refunded shall be handled by both parties through consultation. If negotiation fails, they can bring a lawsuit to the court and seek a solution.

To sum up, the deposit is a kind of security interest and a special form of pledge guarantee, that is, the debtor or a third party transfers a certain amount of money or equivalent to the creditor for possession in order to ensure the performance of the debt, and when the debtor fails to perform the debt under the contract, the creditor can get priority compensation from the deposit. Deposit is a customary way in the process of non-governmental transactions, and this kind of guarantee is neither explicitly recognized nor prohibited by our laws. Security deposit refers to the money reserved or deposited by one or both parties to a contract in a third party to ensure the performance of the contract. This concept is widely used, such as contract bond, performance bond in bidding, bond in futures trading, and even bond in bail pending trial.

Legal basis:

Article 587 of the Civil Code of People's Republic of China (PRC)

If the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.