Case review
In 2022, Mr. Liu rented an apartment for living due to work needs, and agreed with the landlord for a total of six months for a monthly rent of 4,000 yuan, with a deposit of one and three payments, and Mr. Liu paid all the fees according to the contract after the contract was signed.
Mr. Liu did not find any problems before moving in, but after a long time, Mr. Liu found that there were some places in the house with a very pungent smell. After asking the neighbors, he learned that the house had just been renovated not long ago, and Mr. Liu immediately decided that the formaldehyde of the house must be exceeded, and immediately felt very unwell and moved out directly. Later, Mr. Liu commissioned a professional organization to conduct air quality testing on the house and paid 300 yuan for the test. The test results showed that the formaldehyde content of the house involved in the case significantly exceeded the "Hygiene Inspection Methods for Public Places Part 2: Chemical Pollutants" GB T182042-2014 standard.
Mr. Liu approached the landlord and demanded that the contract be terminated, and that the rent, deposit, internet fee, and air quality testing fees be refunded. However, the parties failed to reach an agreement, so Mr. Liu filed a lawsuit with the court.
Court decision
Because the house provided by the landlord did not meet the normal living conditions, it constituted a breach of contract, but Mr. Liu still received part of the residential use benefits during the existence of the contract. Therefore, the amount of rent and other refunds should be determined based on factors such as the degree of substandard indoor air quality, the actual damage consequences suffered by Mr. Liu, the length of his stay, Mr. Liu's age and health condition.
The court ultimately ordered the landlord to refund part of the fee.
Legal analysis
In the judicial practice of housing lease contract relationship, disputes often arise over rent, deposit and house maintenance. Previously, we have shared legal analysis of cases such as "who pays the property fee during the rental period", "whether it is illegal for the landlord to refuse to repair the damaged electrical appliances", and "how to protect the rights of the landlord when the lease period is not completed". So if there are problems such as excessive formaldehyde in the rented house, how can we protect our rights?
A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent. The core obligation of the lessor is to provide the lessee with leased property that is in line with the purpose of the lease and has the value of use and income. If the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee knows that the quality of the leased property is not up to standard at any time.
Excessive formaldehyde in the house is not small to the health of the occupants, if you rent a house with excessive formaldehyde when renting, you can quit the rent. Upon termination of the contract, the unincurred rent shall be refunded;The amount of rent that has been incurred shall be determined by taking into account factors such as the degree of unsatisfactory indoor air quality, the actual damage consequences suffered by the tenant, the length of residence, the age and health status of the tenant.
Author's message
Formaldehyde is a colorless, pungent odorous chemical that belongs to:A class of carcinogensIt has been included in the pollution standards for housing rental decoration by the state. Formaldehyde is released in new furniture, renovation materials, flooring, paints and other building and household products, and if formaldehyde exceeds the safety limit and is exposed to indoor air for a long time, it can cause irritation of the mucous membranes of the respiratory tract.
High concentrations of formaldehyde also have genotoxic substances, which are very dangerous when inhaled for a long time, such as nasopharyngeal tumors and leukemia. If you encounter such disputes that are difficult to resolve, it is recommended to consult a professional lawyer in time to better protect your legitimate rights and interests.
Legal basis
Article 708 of the Civil Code The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease term. Article 731 If the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee clearly knows that the quality of the leased property is not up to standard at the time of entering into the contract.
The author of this article is Wu Chao, Beijing Zeda Law Firm.