Mr Wang is the enters office newly employee in A, how long be too capital medical university is accessary hospital of Beijing rising sun is by diagnose acute marrow fastens leukaemia and die. Letting what the wife feels puzzled is, duty A is entered before Mr Wang half an year in when had done the check-up that enter office, check-up reports at that time and have without indication body apparently unusual.
Subsequently, mr Wang wife will to the husband rent apartment before one's death, entrust professional air to detect the orgnaization detects, as a result indication formaldehyde exceeds bid. Mr Wang wife sues freely then to the court, hangzhou city bank river district court already put on record, and will on September 27 open a court session is tried.
If wait,grow oneself in recent years hire after apartment is arisen, explode ceaselessly on the network the circumstance that rents the guest complains building formaldehyde to exceed bid, but among them the most crucial question rents guest body namely unwell or disease and formaldehyde exceed the element such as mark to whether have direct causal cannot decide from beginning to end theory, because this dispute also is retreated with free mostly,be hired or compensate for the means such as medical expenses to solve.
Good lease the building that admire in the heart not easily, discover formaldehyde exceeds bid however, of really enough vexed. However, to a lot of barehanded the person that go all out is laid in big city for, renting a house is an important matter in the life, but in hiring room process, coming up against formaldehyde room is a among them only, experience landlord rises in price on the way, intermediary deceives people, landlord is optional drive out person, do not return cash pledge, house slack, experience " haunted house " ... these " hole " everywhere is visible.
Landlord goes up suddenly chummage
Small Li Yin is the elementary school on the child, a building was leased around the school, lease 3 years. Just lived one year, because source of this locality room is nervous, a lot of landlord raised rent, xiaoli's landlord also searchs come to ask to go up chummage, call in otherwise the house was not hired, let them take away. Xiaoli covers a group.
View: If the contract expires, landlord has authority to adjust chummage according to market level, undertake negotiation with tenant, if tenant cannot be accepted, can pack up and quit goes person. But if be contract period inside, agree without beforehand chummage increases by degrees every year again, tenant has authority counterplea.
Our country " contract law " the 8th regulation: "The contract that establishs lawfully, have legal sanction to party. Party ought to fulfil his obligation according to the agreement, do sth without authorization is changed or must not remove contract. " that is to say, if tenant and landlord signed the written contract that rent, adding up to the corresponding period to be restricted so inside, agree without tenant, landlord cannot home remedy raises rent, also cannot coerce tenant remove at every turn contract, let tenant vacate a room to move, unless have a few kinds of state that law rules (for instance tenant did not use a building according to conventional method, cause building damage, or it is not to pay hire to wait a moment) . Visible, if closing to remove with one-sided of the lessor inside deadline contract, call in house, it is behavior of break a contact, should agree by contract the loss that recoups tenant.
Of course above view is to build go up in the foundation that signed the formal written contract that rent, " contract law " the 232nd regulation: Party did not agree to leasing time or the agreement is ambiguous, according to 61 regulation still cannot decide Benfadi, regard as nonsked rent. Party can remove at any time contract, but lessor removes the contract ought to inform tenant before reasonable time. That is to say, if did not sign written contract, belong to nonsked rent, both sides can remove at any time contract, law cannot protect you.
Experience " haunted house "
Small Wang Hao leased the building with a position, particularly likely price not easily, just lived a few days, listening to neighbour to say this room is " haunted house " (head of particular case proper motion fills) . Xiaowang is to abstain from very, want to fear more more, want to look for landlord say say, do not know how to say again.
View: Both sides of the contract that rent is in when signing a contract, rent the important information that just ought to trade to affecting a building is announced actively. "Haunted house " will tell mentally to average person is very difficult accept, abstain from somewhat, visible " haunted house " fact of this be related belongs to influence tenant whether bear the important information condition that hire, accordingly, landlord should see this beforehand and active calm the true condition of old house.
Landlord hides as important as what sign a contract to concern fact, bring about tenant to be under great misunderstanding signed the contract that rent a house, according to legal provision, " contract law " the 54th regulation: Because of the contract that great misunderstanding concludes, party one party has authority to request cancel, that is to say tenant has authority to ask to remove the contract is returned return hire. In addition, according to relevant law provision, party is in conclude in contract process, conceal as important as what conclude the contract is concerned fact intentionally to perhaps provide false case, cause losing to the other side, ought to assume damages responsibility. That is to say, if tenant caused relevant loss accordingly, its have authority to advocate compensation.
"One room 2 advocate "
Small Zhao Hao leased the building with each good side not easily, lived one year, landlord finds Xiaozhao suddenly, because difficulty of capital have enough to meet need already rented this the room sells Laozhang,say oneself, ask small Home Zhao Yi to move as soon as possible, xiaozhao refuses. Passed a few days, laozhang asks with new landlord identity Xiaozhao moves. Xiaozhao criterion thinks, the renting contract of he and predecessor house-owner did not expire, reject to move so, both sides talks things over not if really.
View: A civil law principle cries " buying and selling is not broken rent " , it is to point to during the relation that rent puts add, although droit person will rent content concessive other, also do not produce any effects to hiring a concern, for the holder that vendee already cannot make the thing that rent with its, the existence that denies the primary concern that rent asks tenant is returned still rent content. That is to say, xiaozhao serves as the tenant of the contract that rent, below the case that did not expire in the contract that rent, when authority sells a house in landlord, continue to enjoy bear hire advantageous position, until contract period at the expiration of one's term of office, new landlord has no right to ask he is taken away ahead of schedule. Not only such, he still is enjoyed preferential buy right, basis " contract law " regulation: "Lessor sells the house that rent, tenant ought to inform inside the reasonable time before betray, tenant is enjoyed with coequal condition preferential bought right. Tenant is enjoyed with coequal condition preferential bought right..
If tenant thinks landlord did not use up legal obligation, betray the building that rent to did not inform inside reasonable time tenant perhaps exists tenant of other enroach on is preferential bought authority case to cause a loss to oneself, tenant can ask landlord recoups a loss.
Rental room is slack
Small Liu Hao leased the building with each good side not easily, arrived monsoon, building balcony seeper, hourglass arrived downstair, caused a loss to neighbour, downstair neighbour seek redress, landlord and small Liu discuss to give an in part each.
View: Basis " contract law " regulation, lessor should be ensured during rent, the house obtains the condition that agrees in the contract that rent, hint beforehand the note related tenant. If decide problem of quality of itself of building of leakage water system to cause, be not tenant subjective ill will is caused, this means landlord to fail to offer a house that can press contract property to be used normally, its ought to are opposite slack the loss that causes downstair neighbour to suffer assumes liability to pay compensation. If have evidence the proof is slack do not attribute building quality problem, it is tenant is used undeserved wait for factitious element to bring about, the loss that cause should be assumed by tenant proper motion.
Have again, according to the regulation, lessor ought to fulfil the maintenance obligation of the content that rent, but the except that party has an agreement additionally. During renting a house, a few establishment appeared the problem cannot be used normally, need maintenance, tenant can look for landlord maintenance, if landlord is protracted, tenant can be maintained by oneself, but upkeep costs by landlord burden.
The contract that rent rents a settle or live in a strange place
"Help straw "
Saw above hire room experience, we discover not hard, the contract that rent is very important, be us " help straw " , only ability enough tackles autograph good contract all sorts of strange flower landlord.
According to our country " contract law " regulation, the deadline that rent of 6 months above, should use written form, party did not use written form, regard as nonsked rent. That is to say, the oral agreement deadline that rent is done not have for 6 months above sign written contract, the effectiveness of law of the deadline that rent of oral agreement does not hold water, can think only nonsked rent. Accordingly, when signing a contract, must be relevant item as far as possible in the contract come out now with written formal substance, fall to paper face, when producing controversy in order to have can thought fors the time being.
Generally speaking, the name that the contract that rent ought to include to lease a building, position, area, utility, deadline that rent, hire reachs his to pay deadline and means, house maintenance and safeguard, responsibility of breach of contract, controversy sees the article such as means. What need to remind especially is, did not forget to agree property is expended, warm oneself charge of cost, broadband, water and electricity is gas the charge beyond these chummage such as cost is assumed by who and terms of payment.
Before tenant signs a contract, had better treat the actual condition of rental building personally, the new old rate of electric equipment of the furniture inside house of detailed check the amount and other facilities, have wait for a circumstance without attaint, agree maintenance responsibility, these should be written into the contract.
Of course, the tenant in the process that rent a house also has responsibility of a few legal and obligation, need understands and fulfill lawfully. Anyhow, want everybody to law draws near only personally, come strictly by the contract, lease a building this thing also did not imagine in so troublesome.
Editor / the swallow that be like Ling is designed / Liu Yan
Civil / Han Xue
Circumference
