How to compensate for excessive formaldehyde in rented houses?

Formaldehyde in the rented house is exceeded.

The contract can be terminated and the landlord can be asked to return the deposit and rent. The lease agreement you signed.

It is the true intention of both parties, the clause does not violate the mandatory provisions of laws and regulations, and the lease contract is legal and valid. Civil Code

It stipulates that "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 period." "Since the two parties agree in the contract that the leased house and the ancillary living facilities of the house are in good condition, as the landlord, in addition to delivering the house after the contract is signed, it should also ensure that the delivered house is in good condition for the tenant's normal life and use.

Now it has been tested that the formaldehyde content in the rental house has exceeded the health standards stipulated by the state, violating the provisions of the contract and endangering personal health, and the house delivered by the landlord does not meet the agreement, constituting a breach of contract. Therefore, you have the right to terminate the rental contract in accordance with the law. The law also stipulates that if the leased property endangers the safety or health of the tenant, even if the tenant knows that the leased property is of unsatisfactory quality at the time of entering into the contract, the tenant can still terminate the contract at any time, and the landlord shall refund the rent and security deposit collected.

If the test results exceed the formaldehyde standard, according to the "Measures for the Administration of Urban Housing Leasing", you can terminate the rental contract at any time, and the landlord shall refund the deposit and the rent during the period of non-performance of the contract, and shall also compensate for the corresponding losses.

If the detection of formaldehyde exceeds the standard, you put forward the above requirements, the landlord still does not perform, you can complain to the community or street neighborhood committee and request intervention, if it is still not resolved, you can find the local housing authority for complaint and mediation, or the court to prosecute, by the people's ** real estate management department to give administrative punishment to the responsible person.

Steady win. Hope mine was helpful to you and received by yours.

Legal analysisYes, if the tenant has moved in or has not moved in but paid the rent and deposit, the tenant can request to terminate the contract and return the deposit and rent for the period of non-performance of the contract. If an unreasonable and irresponsible landlord refuses to be responsible for his room with excessive formaldehyde, then the tenant must provide the test report provided by an authoritative organization with CMA testing qualifications and file a lawsuit with the court in a timely manner, so as to protect his legitimate rights and interests.

Legal basisArticle 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 708: 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.

Legal analysis]: Yes. In addition, if the formaldehyde in the rental house exceeds the standard, if the tenant does not find it in time when looking at the house, the lessor still has the obligation to protect the personal safety of the tenant, and the tenant can protect his own interests accordingly.

Legal basisArticle 731 of the Civil Code of the People's Republic of China If the leased property endangers the safety or health of the lessee, the lessee may still terminate the contract at any time even if the lessee knows that the quality of the leased property is unqualified at the time of entering into the contract.

Summary. Hello dear, if the formaldehyde in the rented house exceeds the standard, how to ask the homeowner for compensation: the first method:

Take the test results and negotiate with the landlord to solve the problem. The second method: if you have not officially moved in, and the formaldehyde in the house has no effect on the tenant, you can negotiate with the landlord and ask to move out, return the rent and deposit.

b, the second case 1, has been in the best, formaldehyde has caused damage to the tenant's body, in addition to asking for check-out, refund money, can also ask for direct economic losses. In the second case 2, you have already moved in, and formaldehyde has caused damage to your body, in addition to asking for check-out and refund, you can also ask for liquidated damages. (Liquidated damages and direct economic losses can only be claimed for one of them.)

The third method: If the above methods are not negotiated, you can choose to go to the court where the rental house is located to file a lawsuit. <>

Hello dear, if the formaldehyde of the rented house exceeds the standard, how to ask the homeowner for compensation: the first method: Bi Xi took the test results to negotiate with the landlord to solve.

The second method: if you have not officially moved in, and the formaldehyde in the house has no effect on the tenant, you can negotiate with the landlord and ask to move out, return the rent and deposit. b, the second case 1, has been in the best, formaldehyde has caused damage to the tenant's body, in addition to asking for check-out, refund money, can also ask for direct economic losses.

In the second case 2, you have already moved in, and formaldehyde has caused damage to your body, in addition to asking for check-out and returning the money, you can also ask for liquidated damages. (Liquidated damages and direct economic losses can only be claimed for one of them.) The third way:

If none of the above methods can be negotiated, you can choose to go to the court where the rental house is located to file a lawsuit. <>

I just rented a house, my child coughed more than once, my lover was also pregnant and in the third trimester of pregnancy, I had a sore throat, and I had no choice but to do a test, and found that formaldehyde was seriously exceeded.

You can negotiate with the landlord with the test results, and if you can't negotiate, you can use the test results to sue for compensation.

The owner disagreed, saying that his house was fine. What should I do.

How to calculate this compensation. The child in my lover's womb has not yet been born, and my child has not yet received allergen results, so you can take the test report and file a court lawsuit.

will compensate you for the cost of your test and the loss of your health and mental health.

I don't really know how much it is.

We have only lived for a week, and just like that, I feel sorry for my children and wife.

The compensation is around 1000 to 3000.

Okay, I'm afraid that there is something wrong with the child, my wife is in the third trimester, and I am afraid of the child in the belly.

This concern is also well deserved.

Just find a landlord or compensation to protect your legitimate rights and interests.

1. What should I do if the formaldehyde in the rented house exceeds the standard?

1. The solution to excessive formaldehyde in the rented house is as follows:

1) Negotiate with the landlord and ask the other party to treat formaldehyde or refund the rent;

2) If the problem cannot be resolved through negotiation, a complaint can be filed with the consumer association;

3) If you have evidence of excessive formaldehyde, you can protect your legitimate rights and interests through legal means.

2. Legal basis: Article 146 of the Criminal Law of the People's Republic of China.

Crime of producing or selling products that do not meet safety standards] Whoever produces electrical appliances, pressure vessels, flammable and explosive products that do not meet the national or industry standards for the protection of personal and property safety, or other products that do not meet the national or industry standards for the protection of personal or property safety, or sells products that he knows does not meet the national or industry standards for the protection of personal or property safety, causing serious consequences, shall be sentenced to up to five years imprisonment and a concurrent fine of between 50% and 2 times the sales amount; where the consequences are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of not less than 50 percent but not more than two times the amount of the sale.

2. How to deal with housing lease disputes.

Housing lease disputes are handled as follows:

1. Apply for arbitration to solve the problem, which is a legal way to apply to the arbitration commission to resolve disputes when contract disputes or other property rights and interests disputes arise between citizens, legal persons or other organizations. However, if the parties use arbitration to resolve the dispute, the parties shall voluntarily agree in the contract in advance or reach an arbitration agreement afterwards. If there is no prior agreement in the contract, and the parties do not reach an arbitration agreement afterwards, the arbitration commission will not accept the application for arbitration if one party applies for arbitration.

On the contrary, if the parties have agreed in the contract in advance, or have reached an arbitration agreement afterwards, one party will file a lawsuit with the court, and the court will not accept it. Arbitration has the effect of a judicial act, and once the judgment takes effect, the parties shall not file a lawsuit in the people's court for the same dispute;

2. To solve the problem by civil litigation, if the parties agree on the settlement of litigation in the housing lease contract or do not reach an arbitration agreement after the dispute arises, they can directly file a civil lawsuit with the people's court. If the party to the lease violates the relevant provisions and the lease contract is invalid, it shall bear civil liability in accordance with the law. If one of the parties to the lease fails to perform its obligations under the relevant laws, resulting in the termination of the lease contract, the party that fails to perform the prescribed obligations shall bear civil liability in accordance with the law; Where property damage or personal injury is caused to the other party or a third party, liability for compensation shall be borne in accordance with law.

Legal analysis: Rental houses with excessive formaldehyde can terminate the contract, refund the deposit and rent during the unfulfilled contract. They can also protect their legitimate rights and interests through litigation.

Legal basis: Article 712 of the Civil Code The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

Article 713 of the Civil Code The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.

If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

If you encounter excessive formaldehyde after renting a house, you can claim to terminate the contract at any time, and claim that the landlord return the deposit and the rent during the unfulfilled contract to compensate for the corresponding losses.

1. What are the ways to complain about excessive formaldehyde in rented houses?

1.According to the principle of autonomy of private law, the two parties shall first negotiate and settle the matter independently, and if the two parties cannot resolve it through negotiation, they may request mediation from the residents' self-government organization or neighborhood committee;

2.You can also find the relevant staff of the housing management office to solve it;

3.Prosecute directly to the court.

2. If the formaldehyde in the rental house exceeds the standard, where can you go to complain.

According to the "Measures for the Administration of Urban Housing Leasing", the municipal and county people's ** real estate administrative departments (hereinafter referred to as the real estate management departments) are in charge of the management of urban housing leasing within their respective administrative areas; The parties to the housing lease shall, within 30 days after the signing of the lease contract, go through the registration and filing procedures with the documents specified in Article 15 of these measures to the municipal and county people's real estate management departments; In violation of the "Measures for the Administration of Urban Housing Leasing", the people's real estate management department shall impose administrative penalties on the responsible person.

Therefore, rental disputes should be complained to the local housing authority for mediation; If mediation fails, they may apply to the court for mediation.

3. If there is indeed excessive formaldehyde in the rental house, what materials need to be submitted for complaints.

A lease contract and a formaldehyde excess test report are required. Although there is no agreement on the air quality of the house in the lease contract between the two parties, the house with excessive formaldehyde is not in line with the living conditions, and long-term residence will bring harm to health, which is a common sense in people's lives, so the rental house has implied defects, and the parties have not made an exemption agreement on this. Iwashi.

Thirdly, Article 708 of the Civil Code of the People's Republic of China [Lessor's Obligation to Deliver the Leased Property and Rentable Obligation] The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased object in accordance with the agreed purpose during the lease term. This legal provision also constitutes an implied warranty obligation on all lessors, and a breach of which constitutes a breach of contract.

Combined with the above, if we encounter excessive formaldehyde in the experience of renting a house, we should actively negotiate with the fang Dongfang, if the communication is fruitless, we need to go to the relevant departments in time to complain and protect their legitimate rights and interests.

Legal basis

Civil Code of the People's Republic of China

Article 731 [Right of Lessee to Terminate if the Quality of the Leased Property is Unqualified] If the leased property endangers the safety or health of the lessee, the lessee may still 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.

Article 577: [Liability for breach of contract]Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 708 [Lessor's Obligation to Deliver the Leased Property and Rentable Obligation] 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. This legal provision also constitutes an implied warranty obligation on all lessors, and a breach of which constitutes a breach of contract.