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1. The purpose of renting a house is to live, if you check that the formaldehyde exceeds the standard, you can unilaterally terminate the contract, and the landlord must return the deposit, or even not pay the rent;
2. If the detection of formaldehyde exceeds the standard and it is the formaldehyde that exceeds the standard that causes your sister's disease, there is a causal relationship between the two, and you can sue the other party for infringement; The cost of a lawyer varies from place to place, so if you don't want to be so troublesome, just call 110 to call the police if you don't let you go.
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But you can't afford to find a lawyer, the starting fee is 800 yuan, and the cost is also high. Besides, she may not agree with the basis of your test. Let's negotiate.
Let's give way to each side. If you must find a qualified testing department. But if the lessor loses, they will have to bear it, and it is estimated that it will be at least more than 2,000.
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First of all, as long as you sue, there is no question of whether he should or should not, but the law and the court have the final say, so you don't have to worry about this.
The second is the house you rented, the house has a quality problem, which has caused some damage to your sister's health, the landlord has defaulted, and it doesn't matter if you don't look for her, he is justified.
So don't worry.
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In a lawsuit, it is not necessary to hire a lawyer.
If the evidence is conclusive, you can also file a lawsuit without a lawyer.
To file a lawsuit, you need to write a complaint first, and then apply to the court filing division, and wait for the court to summon a notice after filing the case.
If your sister's rented house does exceed the formaldehyde standard, and the landlord does not inform your sister in advance, causing harm to your sister, your sister can not only quit the rent, but also claim damages.
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Legal Analysis: There is a standard for lawyers' fees. For ordinary civil cases, the general fee is $2,000.
In cases involving property involving more than 100,000 yuan, 2.5 percent shall be paid, where it exceeds 200,000 yuan, 2 percent shall be paid, and where it exceeds 500,000 yuan, it shall be paid at 1.5 percent. In civil litigation cases, if it is a case that does not involve property, the lawyer's fee will generally be charged on a case-by-case basis, and if property is involved, it will be calculated according to a certain proportion of the subject matter of the litigation property.
Legal basis: Measures for the Administration of Lawyers' Service Fees
Article 3: Fees for lawyers' services follow the principles of openness and fairness, voluntary compensation, and good faith.
Law firms shall facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.
Article 4: Fees for lawyers' services are to be subject to the highest guide price and market adjustment price.
Article 5: Law firms lawfully provide the following legal services with the following guiding prices:
1) **Civil litigation cases;
2) **Administrative litigation cases;
3) ** State compensation cases;
4) Providing legal advice, appeals and accusations, applying for release on guarantee pending further investigation for criminal suspects in criminal cases, and serving as the defendant's defender or private prosecutor, or the victim's litigator;
5) **Appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-adjusted prices.
Article 6: The benchmark price and floating range of the ** guide price shall be formulated by the competent departments of the provinces, autonomous regions, and municipalities directly under the Central Government, in conjunction with the judicial administrative departments at the same level.
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Legal Analysis: Standard for Collecting Attorney Fees in Civil Litigation: Not Involving Property Relations:
800 yuan 10000 yuan; Involving property relations: 1,000 2,000 yuan per basic service fee. Where the amount of the subject matter of the disputed property exceeds 10,000 yuan, it is calculated progressively according to the following proportions.
Legal basis: "Interim Measures for the Administration of Lawyers' Service Fees" Article 3: Where law firms provide the following legal services in accordance with law, they shall collect lawyer service fees from clients in accordance with the prescribed fee standards:
a) ** Civil cases;
2) **Administrative cases;
3) Providing legal advice, appeals and accusations to criminal suspects in criminal cases, applying for release on guarantee pending further investigation, and serving as the defendant's defender or private prosecutor, or the victim's lawyer;
4) ** Appeals in various litigation cases;
5) Arbitration;
6) Acting as legal counsel;
7) Providing non-litigation legal services;
8) Answering inquiries about the law, litigation documents and other documents related to legal affairs.
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In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid cumulatively:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece.
2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment.
3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%.
4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the rubber code.
5. The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1%.
6. The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment.
7. The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment.
8. The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment.
9. The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment.
10. The part exceeding 20 million yuan shall be paid according to the payment.
Legal basis: Article 59 of the "Lawyers Law of the People's Republic of China": Measures for lawyers' fees are to be formulated by the competent department for ***** in conjunction with the judicial administrative department.
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Legal Analysis: The plaintiff in a case of a case of pretending to be a victim generally receives a percentage of the amount actually received by the parties, and the defendant receives a fixed amount or a percentage of the difference. Other matters should be considered in combination with the amount of the subject matter, the complexity of the case, the level of the law firm, the stage of entrustment, and the economic level of the law firm in the city.
Local bar associations and price bureaus have ** guidance for reference.
Legal basis: Article 59 of the "Lawyers Law of the People's Republic of China": Measures for lawyers' fees are to be formulated by the competent department of ***** in conjunction with the judicial administrative department.
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The provincial departments of justice and other departments have jointly stipulated the fee standards for the defeat of the lawyers, which are different. Entrust a lawyer to ** civil case, negotiate with the law firm on the amount of payment and payment method, sign a contract of entrustment, clearly agree, according to the value of the division of the common property, about 3,000 yuan, the plaintiff to the court to pay 50-300 yuan in advance, the division of common property below 200,000 yuan does not pay, more than 200,000 yuan, according to 5%.
Legal basis: Article 13 of the Law on the Management of Lawyers' Fees provides that in the implementation of risk fees, the law firm shall sign a contract with the client on which to charge the risk fees, stipulating the risk responsibilities, fee collection methods, and the amount or proportion of fees to be borne by both parties. The maximum amount of the fee shall not be higher than 30% of the subject amount agreed in the charging contract.
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