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Rental housing formaldehyde exceeds the standard can be surrendered. The ways to deal with serious excess formaldehyde in rented houses are:
1. Negotiate with the landlord and ask the other party to treat formaldehyde or refund the rent;
2. If the problem cannot be solved through negotiation, you can file a complaint with the consumer association;
3. If you have evidence of excessive formaldehyde, you can protect your legitimate rights and interests through legal means.
Legal basis: Article 563 of the Civil Code of the People's Republic of China.
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, provided that they notify the other party before a reasonable period of time.
What is the claim standard for excessive formaldehyde in furniture.
1. Keep invoices and other shopping vouchers and warranty cards;
2. At the same time, it is necessary to negotiate with the seller;
3. You may encounter a formaldehyde content test report requested by the seller.
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If the formaldehyde in the rental house exceeds the standard, the tenant can request to terminate the lease contract and refund the rent and service fee.
According to Article 731 of the Civil Code, 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. Therefore, if the formaldehyde content is tested by a professional institution to exceed the national standard, the tenant can request to terminate the housing lease contract.
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Legal analysis: Yes, according to the provisions of China's Civil Code, if the formaldehyde of the house leased by the tenant exceeds the standard, the tenant can terminate the contract at any time.
Legal basis: Civil Code of the People's Republic of China
Article 703 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.
Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
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.
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Summary. Hello, dear <>
If the formaldehyde in the rental house exceeds the standard, you can ask to quit the rent. Because the formaldehyde content in the leased house exceeds the standard, the tenant can request to quit the rent, and has the right to demand a refund of the rent and deposit that has been paid.
If the formaldehyde in the rental house exceeds the standard, can you ask to quit the rent?
Hello, dear <>
If the formaldehyde in the rental house exceeds the standard, you can ask to quit the rent. Because the formaldehyde content in the leased house exceeds the standard, the tenant can ask to quit the rent, and has the right to ask for a refund of the rent and deposit that has been paid.
Hello, dear <>
Of course, when making a request for rights protection, it is recommended that the tenant should communicate and negotiate with the landlord on the basis of ensuring their own safety, and try to reach a settlement through negotiation. If the negotiation fails, the applicant may file a complaint or request arbitration with the relevant department or agency in accordance with relevant laws and regulations, or file a lawsuit with the court.
Hello, dear <>
According to the Civil Code of the People's Republic of China and other relevant laws and regulations, renting a house must meet national standards and health standards, and formaldehyde is one of the main factors of indoor air pollution. If the formaldehyde content in the leased house exceeds the standard, the tenant can request to quit the rent, and has the right to ask Luqing to return the rent and deposit that has been paid.
Hello, dear <>
However, it is necessary to pay attention to the need for laboratory test reports or certification materials issued by notary institutions to prove that formaldehyde exceeds the standard, as well as relevant supporting materials such as lease contracts and agreements, in order to confirm that there is excessive formaldehyde in the leased house, and to protect their legitimate rights and interests according to the Liang Demolition Law Department. <>
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If the tenant does not add new furniture and detects that the formaldehyde in the rental house exceeds the standard, it means that the lessor causes the house it provides does not meet the safety standards; Secondly, it is necessary to see whether there is an agreement in the contract that formaldehyde can be terminated if it exceeds the standard, and if there is an agreement, the lease contract can be terminated according to the contract. If there is no agreement, the statutory right of termination may be exercised in accordance with the provisions of the Civil Code of the People's Republic of China.
Legal basis: Article 511 of the Civil Code of the People's Republic of China The parties are not clear on the content of the relevant contract and cannot be determined according to the provisions of the preceding article, the following provisions shall apply: (1) if the quality requirements are not clear, they shall be performed in accordance with mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.
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Legal analysis: If the formaldehyde of the leased house exceeds the standard, the contract can be terminated, and the landlord can be required to return the deposit and rent. The housing lease contract signed by you is the true expression of the intention of both parties, the terms do not violate the mandatory provisions of laws and regulations, and the lease contract is legal and valid.
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.
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Summary. Hello dear <>
We'll be happy to answer for you. If the formaldehyde is found to be in excess of the newly rented house, it can be refunded. Ask the landlord to return the deposit and rent, and terminate the contract.
If you find that the formaldehyde exceeds the standard in a newly rented house, can you return it?
Hello dear <>
Very high hands are happy to answer for you. If the newly rented house is found to be in excess of the formaldehyde standard, it can be refunded. Ask the landlord to return the deposit and rent and terminate the contract.
What if the other party doesn't cooperate? It doesn't show it in the contract either.
The housing lease contract you signed when renting a house is the true expression of the intention of both parties, and the terms do not violate the mandatory provisions of laws and regulations, and the lease contract is legal and valid. The Civil Code 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 both 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. 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 quality of the leased property is not up to standard at the time of entering into the contract, the tenant can still terminate the contract at any time, and the landlord shall also refund the rent and mortgage collected to you.
What if the landlord doesn't cooperate?
Pro, now it's fruitless to negotiate with the landlord, so you can directly complain to the consumer association to protect your rights.
Okay, thank you.
If there is evidence in hand that can prove that the formaldehyde in this rental house exceeds the standard, you can directly protect your legitimate rights and interests through legal means.
That is, direct alarm.
I haven't told the landlord yet, and I guess he doesn't agree.
Okay, what's the police doing here?
Well, but their solution is basically to help you negotiate.
Went to test the formaldehyde level this afternoon.
When you find that the formaldehyde in the rental house exceeds the standard, then you should contact the landlord for communication as soon as possible. I really can't find a consumer agreement.
Well, take precautions.
If there is a mild formaldehyde exceedance, it is best to put it for two more days or put it in a basin with salt water indoors to absorb formaldehyde.
Personally, I feel that Quanyou furniture is still okay, and formaldehyde exceeding the standard should be within the specified range, but you must know that many times, the so-called Quanyou Home Furnishing is not really Quanyou furniture, just some OEM furniture. You still have to look at it and then check it, but you must know that many times, the so-called all-friends furniture is not really all-friend furniture, just some OEM furniture, or you have to look at it and then buy it, so as to save yourself too much trouble. Represents personal views only.
If an accurate test only needs an analytical instrument, if you feel particularly smoked at home, it is recommended to find a special testing institution.
When you can move in after the renovation of the new house cannot simply look at the length of time. After the decoration is completed, it is best to carry out a decoration pollution test, if the indoor air standard is up to standard after decoration, you can move in immediately; If the indoor air quality is still not up to standard after the house is renovated, it should be treated first to ensure that the living is clean and environmentally friendly.
Indoor air pollution is not only formaldehyde, but also benzene, toluene, xylene, ammonia and TVOC, but formaldehyde is more familiar because it is a class I carcinogens. >>>More