[Zengcheng lawyer, Guangzhou law firm, Guangzhou law firm, Guangzhou legal consultation, Jidacheng Guangzhou law firm].
Without permission, it is not allowed, and the offender will be investigated for tort legal responsibility in accordance with the law
For every renter who struggles to rent in a big city, there are always some unspeakable troubles that only he knows. Most people choose to rent a house to live in the following categories: early career after graduation, working hard to start a business for their dreams, before buying a house, and going to school nearby for their children.
However, after renting a house, there is often no leisure and comfort as expected, and many people ignore some legal issues in the process of renting a house and fall into disputes.
Minefield 1] The quality of daily life equipment is not up to standard.
Basic case. Xiao Li found a house on the rental app that seemed to have complete home appliances and low rent, and this rental app could also provide "cloud viewing" services, which solved Xiao Li's needs. **After looking at the house, Xiao Li felt that the house was well equipped and the environment was clean, coupled with the strong recommendation of the intermediary, Xiao Li quickly signed a contract to move in. Unexpectedly, on the day of check-in, he was electrocuted by a leaking water heater.
Rights Protection Guide] Infringement, breach of contract, exercise of the right of revocation, multiple rights protection of dual subjects.
no.1. File an infringement lawsuit against the producer or seller of substandard products
Article 1202 of the Civil Code provides.
If the product is defective and causes damage to others, the manufacturer shall bear tort liability.
The first paragraph of Article 1203 of the Civil Code provides:
If the defective product causes damage to others, the infringed party may claim compensation from the manufacturer of the product or from the seller of the product.
Article 1205 of the Civil Code provides.
If the product defect endangers the personal or property safety of others, the infringed party has the right to request the producer or seller to bear tort liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
Product liability is based on the principle of no-fault liability. In addition to the statutory exemption from liability, regardless of whether the producer or seller of the defective product is subjectively at fault, the infringed party shall bear the corresponding liability for compensation, and the infringed party may require the producer or seller of the product to compensate for the corresponding losses separately or jointly. However, it should be noted that although the infringed party does not need to prove whether the manufacturer or seller is at fault, it needs to prove that the product is defective, that is, it needs to prove that the product does not meet the relevant national standards or industry standards, does not have the corresponding performance or does not meet the product standards indicated on the product or packaging. In addition, for the product quality problems found, in addition to litigation, you can also complain to the market supervision department through **, letters, etc., listing the basic information of the complainant and the respondent, the specific content of the complaint, the relevant evidence, the specific complaint request, etc., so that the relevant departments can investigate and correct it as soon as possible to avoid the recurrence of similar incidents.
no.2. Exercise the right of revocation in accordance with the law or require the intermediary company to bear the liability for breach of contract.
If the intermediary company conceals the true situation of the housing facilities in order to facilitate the contract, it constitutes fraud, and the infringed party has the right to exercise the right of revocation. Article 7 of the Civil Code stipulates that "civil entities engaged in civil activities shall follow the principle of good faith, uphold honesty and abide by their commitments". Article 148 stipulates: "Where one party fraudulently causes the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it." ”
Even if the two parties have completed the online contract, the infringed party can also request the people's court or arbitration institution to revoke the contract signed with the intermediary company on the grounds that the intermediary has committed fraud, and the housing lease contract is invalid from the beginning, and the tenant may request the intermediary company to refund the rent, deposit, gas fee, internet fee, electricity fee, cleaning fee and other related expenses that have been paid but not actually used. However, it should be noted that there is a statutory time limit for the exercise of the right of revocation, and the infringed party shall exercise the right of revocation within one year from the date of knowing that the intermediary company has committed fraud, otherwise the right of revocation will be extinguished.
If the right of revocation is not exercised in a timely manner, the intermediary company can also be required to bear the liability for breach of contract, which is another remedy.
Article 577 of the Civil Code provides.
If one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not comply with the provisions, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Because the intermediary company concealed the true situation of the housing facilities and failed to properly perform the contractual obligations, the intermediary company should bear the corresponding liability for breach of contract.