What to do if you rent a house with excessive formaldehyde

According to the provisions of China's contract law, if the formaldehyde of the leased house seriously exceeds the standard, it will cause harm to the personal safety of the lessee, and the lessee can terminate the lease contract and require the lessor to compensate.

Contract Law of the People's Republic of China

Article 233 [Guarantee for Defects in the Leased Property] 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. 1. The lessor shall deliver the house to the lessee at the time agreed in the lease contract. The house delivered by the lessor shall comply with the provisions of the lease contract and be in a normal usable state.

2. If a mortgage has been set before leasing or the ownership of the house has been sealed, seized, supervised or otherwise restricted from transferring, the lessor shall notify the lessee in writing.

3. For leasing a non-independent house, the lessor shall specify in the lease contract the scope, conditions and requirements for the tenant to use the common part of the house, and if the lessee and the tenant of the adjacent house have a dispute over the use of the shared part, the lessor shall negotiate with the tenant and user of the adjacent house.

4. The lessor shall collect the rent in accordance with the lease contract, and shall not charge other fees to the lessee unless otherwise agreed in the lease contract. Except for public housing, the lessor may agree with the lessee to collect a rental deposit.

5. The lessor shall regularly maintain the house so that the house is in a normal and usable state, and the lessor shall take measures to reduce the impact on the tenant's use of the house when maintaining and repairing the house.

6. When the lease relationship is terminated, the lessor has the right to take back the house, and if the lessee returns the house within the time limit without the consent of the lessor, the lessor has the right to recover the house use fee.

Defend your rights step by step. If there is any doubt about the air quality of the house after renting the house, the tenant can take the following measures: (1) raise air quality objections to the lessor in a timely manner, properly protect its own legitimate rights and interests, and keep relevant communication records.

2) The lessor is required to jointly test the air quality of the leased house, and if the lessor refuses to cooperate with the test, it can entrust a professional organization to conduct the test and notify the lessor to be present in an effective form.

3) The entrusted appraisal should choose a formal institution with relevant testing qualifications to ensure the effectiveness of the test.

If the above evidence is obtained and the landlord cannot be negotiated, the lease contract can be unilaterally terminated. This is because, according to the relevant provisions of the Civil Code, if the leased property endangers the safety or health of the lessee, the lessee can still terminate the contract at any time, even if the lessee knows that the quality of the leased property is not up to standard at the time of entering into the contract.

Legal analysis: If the tenant has already moved in or has not moved in but paid the rent and deposit, the tenant can request to cancel the contract and refund the deposit and rent for the period of non-performance of the contract. If the contract does not specify it, then once it is found that the air quality does not meet the national standard, you need to check out, etc., you may encounter refusal or rent deduction, and the rights and interests of consumers will be damaged.

Legal basis: Article 713 of the Civil Code of the People's Republic of China: 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 the formaldehyde in the housing lease seriously exceeds the standard and endangers the safety or health of the tenant, the tenant has the right to terminate the housing lease contract at any time. The house delivered by the lessor shall comply with the provisions of the lease contract and be in a normal usable state, and if the lessee checks out due to the serious excess of formaldehyde in the leased house, the lessor shall be liable for breach of contract.

[Legal basis].

Article 562 of the Civil Code.

The parties may terminate the contract by consensus. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 577.

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 731.

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.

If you rent a house with excessive formaldehyde, the lessee can terminate the lease contract and require the lessor to compensate.

If the lessee commits one of the following behaviors or the lessor has unforeseeable or insurmountable reasons, the lessor may terminate the housing lease contract in advance:

1. The tenant subleases, transfers or lends the rented house without authorization;

2. The tenant uses the rented house to carry out illegal activities, harming the public interest;

3. Tenants and tenants exchange houses with others without permission;

4. If the ancestor fails to pay the rent within the time limit specified in the contract for a certain period of time, the lessor has the right to terminate the contract if the lessee refuses to pay the rent for a total of 6 months according to the relevant laws and regulations;

5. If the tenant deliberately damages the rented house, the lessor has the right to terminate the contract and require the lessee to restore the original state of the house, and if the loss is caused, the lessee shall compensate for the loss;

6. The tenant dismantles and alters the structure of the house without authorization or changes the use of the house without authorization in violation of the contract;

7. The lessor really needs to take back the house due to unforeseen reasons.

In any of the following circumstances, the lessee may terminate the lease contract in advance:

1. The house delivered by the lessor does not conform to the decoration standards and use purposes agreed in the contract;

2. The rental house is seriously damaged and there is a danger of toppling, and the lessor refuses to repair it after being urged by the lessee;

3. The tenant has built or purchased a house by himself, and there is no need to continue to lease the house of others;

4. The tenant moves out of the area where the leased house is located.

To sum up, when renting a house, it is necessary to inspect the house, such as the living environment, etc., if the materials used in the house are poor, or there is a problem with the material of the decoration house, resulting in the formaldehyde exceeding the standard of the house, the landlord needs to bear a certain liability for breach of contract, and the housing lease contract can also be terminated.

[Legal basis].

Article 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 clearly knows that the quality of the leased property is not up to standard at the time of entering into the contract.

If the formaldehyde in the rented house exceeds the standard, the contract can be terminated. 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. The tenant can ask the landlord to return the deposit and rent.

1. Which department will the landlord find to solve if the deposit is not refunded?

If the landlord does not return the rental deposit, the tenant may ask the neighborhood committee to mediate.

If the parties agree on an arbitration clause, they may also apply to the arbitration commission for arbitration, or may file a civil lawsuit with the people's court, which will make a judgment.

First of all, the landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit is generally agreed in the contract, and the landlord's behavior is a breach of the contract and can be dealt with in the manner agreed in the contract. If the landlord violates the law in bad faith, a lawsuit in court can require both the return of the deposit and the payment of liquidated damages in accordance with the contract.

Secondly, the prosecution must be sufficiently evidenced, and the following matters must be proved: there is indeed a tenancy relationship and the tenancy relationship has ended, there are no above matters that need to compensate the landlord, and the landlord does have the facts of the seizure of evidence. In order to prove the facts, the information related to the rental is usually retained as evidence to support the claim.

If the nature or rules of the deposit are not specified in the rental contract, the deposit is treated as a rental advance and is to be returned in any event.

2. Who should provide the rental contract.

The rental contract should be provided by the landlord. If the lessor fails to deliver the subject matter as agreed or the delivered subject matter does not meet the agreed conditions, for example, there is a discrepancy between the area of the house and the contract, it shall be deemed that the subject matter delivered by the lessor is defective, and the lessee may request to pursue the other party's liability for breach of contract, and may notify the other party in writing to terminate the contract, or the two parties may reduce the rent and change the content of the contract through negotiation. A housing lease contract refers to an agreement in which the lessor provides the house to the tenant for use, and the tenant pays the agreed rent on a regular basis, and returns the house to the lessor in good condition when the contract is terminated.

Article 563 of the Civil Code provides that the parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

Summary. Hello, it's a pleasure to answer for you. If the formaldehyde in the rented house exceeds the standard, the contract can be terminated.

Now it has been tested that the formaldehyde content in the rental house has exceeded the health standards stipulated by the state, contrary to the provisions of the contract, and endangers personal health, and the house delivered by the landlord does not meet the agreement, constituting a breach of contract. The tenant can ask the landlord to return the deposit and rent.

Hello, I'm honored to answer for you. If the formaldehyde in the rented house exceeds the standard, the contract can be terminated. The formaldehyde content in the rental house has exceeded the health standards stipulated by the state, contrary to the provisions of the contract, and endangers personal health.

The tenant can ask the landlord to return the deposit and rent.

Legal basis] Article 563 of the Civil Code provides that the parties may terminate the contract under the following circumstances: (1) the purpose of the contract cannot be realized due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly states or shows by its own conduct that it will not perform the main debt; 3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; 4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract; 5) Other circumstances provided for by law.

First of all, negotiate with the landlord to ask for a refund of rent and terminate the contract or let the other party carry out formaldehyde treatment. In the event that the negotiation fails, you can complain to the Consumer Xiechang Imitation Association. Because in the relationship between the renter, the agent and the landlord, the renter is the consumer imitation, and the agent and the landlord can be said to be the provider of the product, and should provide a safe living environment without pollution, so if you want to complain, you can complain to the consumer association.