Can I go to the consumer to complain if I rent a house with excessive formaldehyde?

Don't panic when this happens.

The first step is to determine whether the house is really exceeded, if you buy a formaldehyde kit for self-testing, this kit is only a rough test, and the test result exceeds the standard does not mean that the formaldehyde concentration in the house must exceed the standard. Because the accuracy of this thing itself is limited, and it has a lot to do with the operation, such as whether the sealing time is in accordance with the instructions, the doors and windows are closed, etc.

Second, if you are sensitive and concerned about indoor formaldehyde concentration, you can strengthen ventilation, plant some green plants at the same time, and put some activated carbon, which can help remove formaldehyde well.

Third, if you are really not at ease, you can find a professional testing agency for door-to-door testing, and you should find the kind with CMA qualification, not a formaldehyde treatment agency.

Fourth, when you rent a house, you should have seen the house before signing the contract, and the rental contract generally does not indicate that the landlord must ensure that the formaldehyde of the house does not exceed the standard, so in this case, you have no way to hold the landlord accountable for breach of contract.

It is recommended that you take some measures to treat formaldehyde. Appealing to the Consumer Association has no good effect.

The tenancy relationship is legally a lease contract, not a contract of sale and purchase, and you cannot file a complaint with the consumer association.

Of course, you have done the test through a professional third-party unit, and there is a test report indicating that the formaldehyde exceeds the standard. You can terminate the contract at any time under Article 731 of the Civil Code, even if you know that the formaldehyde of the house exceeds the standard and the quality is not up to standard, even if you know that the formaldehyde of the house is not up to standard at the time of entering into the contract. This is the protection given to the lessee by the Civil Code.

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.

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.

The lessee should first negotiate with the intermediary platform, and if the negotiation fails, it can file a complaint with the industrial and commercial bureau or the regulatory department of the intermediary company, or it can file a lawsuit in the people's court.

However, if you want to sue and claim damages, you often need to establish a causal relationship between air quality and physical damage, and in reality, the tenant has a lot of pressure to provide evidence, not only to retain evidence, but also to issue an air quality test report. The lessee complains to the lessor, or reports to the key vertical leasing platform, which is often insufficient, and most of them are 'internal digestion', which cannot solve the fundamental problem.

Legal Analysis: Can be sued. 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 carefully stop the rent of the room if the contract period is not fulfilled, and compensate for the corresponding losses.

Legal basis: Article 731 of the Civil Code of the People's Republic of China: If the leased property endangers the safety and 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.

Article 577:If one of the parties fails to perform its contractual obligations or the broad basis of its performance of 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.

If you complain about excessive formaldehyde in your rental house, you can apply to the court for mediation if the mediation fails, for the following reasons:

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

2. If the formaldehyde in the front house of the leased house is seriously exceeded, it will cause harm to the personal safety of the tenant, and the tenant can terminate the lease contract, retain the evidence and require the lessor to compensate

3. The purpose of the contract cannot be achieved due to force majeure;

4. 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 unqualified at the time of entering into the contract;

5. For an indefinite contract with the content of continuous performance of debts, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

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

Article 563.

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.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, but shall notify the other party of the loss before a reasonable period of time.

Legal analysis: complain and mediate with the local housing authority; If mediation fails, they may apply to the court for mediation. 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.

Legal basis: Civil Code of the People's Republic of China

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.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance 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.