Original title: how to deal with formaldehyde exceeding the standard of renting? Beijing Haidian Court: support rent refund
Recently, the dispute caused by excessive formaldehyde in rental rooms aroused widespread public concern. According to the Beijing Haidian District People's Court official Wechat Public No. news, the court recently concluded a case of tenants for indoor formaldehyde exceeding the standard sued intermediaries for rent refund housing lease contracts. The court decision finally supported the tenant's claim.
The plaintiff complained that on August 29, 2015, he rented a suite in Haidian District from an intermediary company and paid a rent of 27,000 yuan, a commission of 9,000 yuan and a deposit of 9,000 yuan. When Mr. Fang lived in the house, he found it smelled bad. He spent 579 yuan on an indoor formaldehyde detector. After testing, found that indoor formaldehyde exceeded the standard, so to the intermediary company objection, intermediary company employees let Mr. Fang self-test.
Mr. Fang entrusted the Beijing Institute of Labor Protection Science to inspect the indoor air quality of the houses involved. The results showed that the formaldehyde concentration in the living room and the secondary bedroom of the houses involved was lower than the limit stipulated in the national standard GB/T18883-2002 "Standard for indoor air quality"; the formaldehyde concentration in the air of the main bedroom The value is higher than the national standard GB/T18883-2002 indoor air quality standard.
The concentration values of benzene, toluene, xylene and total volatile organic compounds in the air of the living room, main bedroom and secondary bedroom of the house involved were lower than the limits stipulated in the National Standard GB/T18883-2002 "Indoor Air Quality Standard". Mr. Fang then appealed to the court to ask the intermediary company to refund the rent, deposit and commission of 27,000 yuan, 9000 yuan.
The defendant intermediary company argues that, first of all, its company does not approve the test report, is Mr. Fang unilaterally entrusted, not the court appointed by both parties to determine the testing agency, the intermediary company can not determine the authenticity of the test report; second, the test report issued by the formaldehyde concentration, the exact reason is not yet. To make clear. The test report also did not specify the source of formaldehyde excess, whether it is the wall or because of furniture and other reasons, are not clear. If it is for wall reasons, it is likely that the house was closed for too long and weather reasons, if it is for furniture reasons, when the house was rented the defendant did not place furniture in the house, and its company has nothing to do.
After hearing the case, the court held that the air quality test report submitted by Mr. Fang could be regarded as an agreement between the intermediary company and Mr. Fang because the employee of the intermediary company allowed Mr. Fang to test the air quality test by himself. From the content of the appraisal conclusion, the formaldehyde concentration in the air in the bedroom of the house owner involved is higher than the limit stipulated in the national standard GB/T18883-2002 "Indoor Air Quality Standard", which causes the contract purpose of Mr. Fang's rental housing can not be realized. Therefore, the intermediary company should return Mr. Fang's rent of 27,000 yuan, the deposit of 9,000 yuan, and so on. The Commission is 9000 yuan. Therefore, the court made the above decision.
Beijing Haidian District People's Court reminded that on-the-spot inspection, if you think the house is newly decorated, you can ask the intermediary company to show the decoration contract to see if it is a regular company to be decorated. And judging from the time of decoration, it is possible to judge whether the time when the decoration is completed to the actual residence is enough to "disperse flavor". In addition, if you enter the room can clearly smell pungent odor, most of these houses must be redecorated, so there is no need to rent such houses, to avoid harm to their health.
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