According to the contract law
Article 12 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
The parties may conclude a contract by referring to the model texts of various contracts.
Article 233 Where the lease item endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee knew that the quality of the lease item was unqualified when concluding the contract.
Although the Indoor Air Quality Standard and Hygienic Standard for Formaldehyde in Indoor Air stipulate indoor formaldehyde standards, and laws and regulations do not explicitly prohibit renting houses with excessive formaldehyde, according to Articles 12 and 233 of the Contract Law, the contents of the contract are agreed by the parties;
Therefore, when signing a rental contract, air quality such as formaldehyde can be clearly written into the contract terms. If it exceeds the standard, the lessee may request to withdraw the rent and compensate for the losses. Even if there is no agreement in the contract, as long as there is evidence that the lease item endangers the safety or health of the lessee, the lessee can still terminate the contract at any time.
Tort liability law
Article 41 Where a product has defects that cause damage to others, the producer shall bear the tort liability.
Article 43 Where damage is caused by defects in products, the infringed may claim compensation from the producers or sellers of the products.
If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation.
If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.
Article 45 Where a product defect endangers the personal and property safety of others, the infringed party has the right to require the producer or seller to bear the tort liability such as removing the obstruction and eliminating the danger.
Article 46 If defects are found in products after they are put into circulation, producers and sellers shall take timely remedial measures such as warning and recall. If remedial measures are not taken in time or ineffective remedial measures cause damage, they shall bear tort liability.
Extended data
Case:
Freely, it was originally an O2O rental brand under the chain home. On May 20 1 1, Chain Home was established as a free business department. Tenants sign a house lease agreement through the mobile APP, and then a series of lease procedures, including payment, are mostly carried out online.
According to the salesman, the comfortable houses are all decorated by the company in a unified style, with daily household appliances and higher living comfort, mainly for relatively high-end tenants. Ziyou has developed well since its establishment. In the summer of 20 16, the free brand was separated from the chain and became an independent company.
Li Hua is a 30-year-old female doctor in a hospital in Beijing. On July 3, 20 16, she rented a house at No.22, North Honeycomb Road, Haidian District, Beijing through Free APP. Li Hua said that after renting a house, she found that there was an odor in the room, and then she always felt unwell, which affected her work and life.
She reflected the situation to the free company. 2065438+On August 30th, 2006, Central Huaxin Environmental Monitoring Company conducted environmental testing on the house rented by Li Hua. The test report shows that the formaldehyde in the bedroom does exceed the standard.
According to the indoor air quality standard, the indoor formaldehyde content should be lower than 0. 1 mg per cubic meter, but the formaldehyde content in Li Hua's bedroom is 0.3 mg per cubic meter, which is twice the standard.
Li Hua went to the hospital for treatment. According to the doctor's diagnosis, Li Hua has low white blood cells and anemia. The doctor wrote in his notes: "If conditions permit, you can leave the decoration environment."
The doctor issued a diagnosis certificate, saying that Li Hua's condition was "considered to be related to formaldehyde".
compensate
Free to sign an agreement with the tenant to compensate more than 40,000 yuan.
Li Hua believes that as a lessor, it should provide basic guarantee for housing safety free of charge and open the housing with excessive formaldehyde to the public, which is also irresponsible for the health of the lessee. Li Hua went to negotiate with Xie Yi. 20 16 10 3 1, and freely signed a settlement agreement with Li Hua.
According to the settlement agreement, the two parties reached a settlement agreement on the problem of "formaldehyde exceeding the standard", and Beijing Ziru Life Asset Management Co., Ltd. paid Li Hua 465,438 yuan +0.694 yuan as compensation.
Chen Nan, director of Beijing Fuhe Law Firm, said that "compensation" and "compensation" are legal terms. Generally speaking, "compensation" is a word used to pay money when one party cannot confirm whether it is at fault; The word "compensation" is used to pay money when one party is at fault.
The Haidian District Court of Beijing also said in the judgment: "Considering that the disputed house does have the problem of formaldehyde exceeding the standard".
References:
Wang Shun. Com-Home Link rents a house for free. Tenants with excessive formaldehyde will receive 40,000 yuan of discomfort compensation.
References:
Xiamen net-the rented house was accused of exceeding the standard of formaldehyde, and the tenant was compensated 40 thousand yuan for physical discomfort.
References:
Central People's Government-People's Republic of China (PRC) Tort Liability Law
References:
Central People's Government-Contract Law