Recently, the news that formaldehyde exceeded the standard and led to one person's death in the media made the whole net explode and become a hot topic, and also caused the extremely panic of the free tenants.
Mr. Ying (not his real name) took his rented house for nearly a year for an air test, which also surprised him. The test results showed that formaldehyde and TVOC were not up to standard and seriously exceeded the standard. At the same time, Mr. Ying's skin also appeared red spots, which he suspected were long-term living in contaminated houses. Cause. In the process of negotiation with ease, Mr. Ying was free to sign a settlement letter, not to claim any rights freely, Mr. Ying did not accept the settlement, ready to sue freely, claiming compensation for related mental and personal damages.
Housing is still exceeding the standard in recent years.
Mr Ying, 41, travels between Beijing and Shanghai all the year round. In order to have a comfortable living space, he rented a two-bedroom apartment in the South ten miles of Chaoyang District from Beijing Free Living Assets Management Co., Ltd (hereinafter referred to as Beijing Free) last year for 5,800 yuan a month for the period from September 24, 2017 to September 23, 2008. The housing lease contract is 3-4 days a week in Beijing.
In the middle of 2018, 8 months later, Mr. Ying's arm developed many red spots and itching. In addition to the recent news of death caused by excessive formaldehyde, Mr Ying arranged for Dayuan Environmental Testing Technology Research Center with CMA qualification to conduct door-to-door testing for his own health. After the report was released in September 10th, formaldehyde and TVOC indicators were both unqualified. According to the national compulsory standard GB 50325-2010, the maximum value of formaldehyde is 0.08/mg/m3 and the maximum value of TVOC is 0.5/mg/m3 for Class I civil construction projects (residential, hospital, elderly building, kindergarten, school classroom and other civil construction projects). According to the test report, the reporter roughly estimates that the living room and kitchen where Mr. Ying lives have the highest formaldehyde test results of 0.18/mg/m3, exceeding the standard limit of 125%; the living room where TVOC (total volatile organic compounds) test points have the highest results of 0.74/mg/m3, exceeding the standard limit of 48%.
As a result, Mr. Ying sent the electronic report to a comfortable housekeeper for the first time. According to Mr. Ying, he did not receive any substantive feedback. In desperation, Mr. Ying can only stay in a hotel temporarily and find another place after busy work.
At the same time, Mr. Ying arranged for a medical examination on September 13 and obtained a medical report on September 18, which showed that a number of carbohydrate antigens and thyroid indicators were abnormal. Mr. Ying suspects that formaldehyde is beyond the standard of free housing.
According to Mr. Ying, after checking out his rental apartment on September 16, he contacted the manager Qi, who is in charge of housekeeping, on September 18, and told the other party the relevant information in person. He said that he would handle it as soon as possible. However, Mr Ying refused to give up any right to assert the aforementioned matters by repeatedly demanding that Mr Ying sign the so-called settlement agreement.
Because formaldehyde has been clearly classified as a first-class carcinogen, Mr Ying believes that living in the year, its health caused immeasurable damage. Therefore, it is necessary to refund the rent for one year and make an additional compensation of 5000 yuan, which is freely refused.
After that, Mr Ying decided to sue freely, claiming "reimbursement for formaldehyde testing, fees for moving because of excessive formaldehyde, medical fees, and refund of rent for the past year. He also advocated compensation for mental damage, personal injury and the cost of work delays of 5 million yuan, and asked the head of Free Headquarters to apologize to Mr. Ying in person.
Reply freely: it has been solved according to the regulations.
The Huaxia Times correspondent called the housekeeper in charge and responded by saying that he had received the documents related to Mr. Ying's lawsuit. The amount of the claim involved was too large to be settled by the company. The rest of the cases were inconvenient to say, "I can only say here, and there is no more to say."
After verifying the situation to the "China Times" reporters, such as public relations staff, said on September 10, 2018, the tenant submitted a report of non-conformity testing, the housekeeper for the tenant to apply for testing fees reimbursement and no responsibility for refund, and said that can arrange hotel accommodation. In September 16th, housekeepers repeatedly recommended housing sources, which did not reach the ideal state of tenants. On the same day, the housekeeper handled the rent without responsibility for the tenant.
After the tenant submitted the air test report, the housekeeper reimbursed the tenant for the air test fee in addition to three solutions prescribed by the company. After the tenant chooses to return the rent, the housekeeper gives an extra $500 free move service. The exact time of each application can not be verified, but it is certain that the housekeeper has solved the problem within a week between the tenant's air test report (10 days) and the rent refund (16 days). After the tenant withdraws his rent, he asks for a full year's rent refund and an additional compensation of 5,000 yuan, which requires that the housekeeper really has no right to consent.
With regard to the request to sign a settlement that does not claim any rights, public relations officials said they had received feedback from the settlement for the second time. The tenant does feel uncomfortable asking for a settlement. He can give feedback to the director of the Department and then advise the Justice Department to decide whether there is a chance to ban the settlement in the future.
Free air monitoring is a mere formality?
Formaldehyde has been in doubt for more than a month. Time is silent, and market feedback and the trend of public opinion are contrary to the promises made freely.
"When the director comes up, we say that the instrument we bought to detect formaldehyde is false." Miss Wu, who rented a house at Xiangcuihai Garden in Futian District, Shenzhen, told the China Times that on September 6, she was free to test the rooms of Miss Wu and other tenants. After that, the tenants asked when the housekeepers would arrive at the results, but they had to blame them in every way. Unable to wait for a comfortable test results, tenants will buy their own Taobao CNAS qualified tester for testing. The test results showed that all the five rooms exceeded the formaldehyde standard, the formaldehyde detection value in the wardrobe of room 3 reached 0.33, and the formaldehyde detection value in room 1, 2, 5 and 6 was about 0.1. "All tenants are very panic."
"The freely dispatched person is to pick up a spot in the air somewhere or other in the room and take a ten-minute test and leave." Miss Wu questioned whether the measurements were done properly. "We found on the Internet that the measurements should be averaged at least at several points in the room, including the bottom of the bed, the bed, the wardrobe and so on, in order to obtain accurate formaldehyde values." And Miss Wu believes that people have been living in for some time, and the significance of detection is greatly reduced.
On July 8, 2018, Miss Wu rented the above-mentioned free brand rental room, a single master bedroom, equipped with independent toilets, an area of about 10 square meters, the rental period of one year. Miss Wu pays 4990 yuan monthly rent and 499 yuan service charge. There are four other single rooms in the apartment. The other tenants check in at the end of June and pay a monthly rent of between 2,000 and 3,000 yuan.
"The end of June was decorated and the beginning of July was occupied," Miss Wu told the Huaxia Times that her room was for the first time for rent. "My roommate who came in earlier than me saw that other rooms were being decorated by workers." When Miss Wu decided to rent a house, she did not provide any air quality instructions; when she looked at the house, the housekeeper told her that the decoration materials used freely conformed to the state regulations. In a chat with her roommate, Miss Wu learned that the room she rented was probably just renovated on June 28.
At 10 p.m. on Sept. 27, the tenants held face-to-face talks with the housekeeper, which ended at 2 a.m., and so far no specific solution has been given. When she told the reporter of the China Times, Miss Wu felt a little excited. "She said so much to make us angry!"
Lawyer: formaldehyde is difficult to collect evidence.
Wang Jiahong, chief lawyer of Beijing Gold v. Law Firm, said that on the one hand, it is difficult to support indirect loss because of the direct loss of national legal support. For example, the plaintiff's claim that the actual loss caused by air pollution, such as the detection fee and the removal fee, can be entitled to rights. On the other hand, the lessee has to bear a strict burden of proof, such as the causal relationship between air pollution and physical health, which is difficult to prove.
Yan Yuejin, director of research at the think tank center of Equity Research Institute, told reporters that high turnover, or rapid development, like ease, may indicate the pressure on financing of such enterprises, but it also shows that high turnover is contrary to the basic living requirements of tenants.
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