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After renting apartment, feel indoor to have peculiar smell, discover via detecting room formaldehyde exceeds bid, then, tenement square gentleman sues intermediary company the court, the requirement returns chummage and cash pledge and middleman's fee. A few days ago, haidian court careful writtens guarantee this case, company of intermediary of Haidian court court decision returns hire of square gentleman building, commission, cash pledge to wait add up to more than yuan 45 thousand.
Rental room formaldehyde exceeds mark shape to accuse medium
Accuser square gentleman appeals to say, on August 29, 2015, he is in from intermediary company bear rented the some flatlet house that is located in Haidian area, paid a building rent 27 thousand yuan, commission 9000 yuan, cash pledge 9000 yuan.
Square gentleman occupy after this building, smell there is peculiar smell inside house, cost 579 yuan to buy indoor family expenses to measure formaldehyde detector. Classics after detecting, discover indoor formaldehyde exceeds bid, backward intermediary company raised objection, intermediary company staff lets square gentleman proper motion detect. Square gentleman entrusts institute of science of Beijing labor protection quality of indoor to experience case building air undertook detecting, detect the regulation of the air quality standard that conclusion is the formaldehyde chroma value in the air inside sitting room of experience case building, second bedroom to set under the country is restricted to be worth; Advocate the regulation of the air quality standard that the country of prep above of formaldehyde chroma value in the air inside the bedroom sets is restricted to be worth. Via detecting, sitting room of experience case building, advocate lie, the air quality that value of chroma of the benzene in the air inside second bedroom, toluene, xylene, total volatile organic matter provides under the country standard regulation is restricted to be worth. Square gentleman appeals to then to the court, requirement intermediary company is returned already the building hire of collection 27 thousand yuan, cash pledge is mixed 9000 yuan commission 9000 yuan.
Intermediary is not approbated detect result
Argue of company of the accused intermediary says, the company is not approbated detect report, it is square gentleman one-sided is entrusted, be not is the court appoints what decide by bilateral party to detect orgnaization, intermediary company cannot detect certainly report authenticity; Detect report issued formaldehyde chroma, it is by who the reason is caused after all ambiguous still. Detect the origin that the report also exceeds bid without clear formaldehyde, it is wall still waits a reason a moment because of furniture after all, ambiguous. If be wall reason, probable it is at that time the building is shut too long and weather reason, if be furniture reason, hire the accused when the room at that time and did not place furniture in the building, have nothing to do with the company.
The court sentences intermediary to return all still hire
The court thinks after classics cognizance, the air quality that refers with respect to square gentleman detects report, because fasten intermediary company staff to let square gentleman proper motion detect, can regard intermediary company and square gentleman as to detect with respect to air reached unanimous opinion, reason detects the basis that the report can regard decide on a verdict as. From the point of appraisal conclusion content, experience case building advocate the regulation of the air quality standard that the country of prep above of formaldehyde chroma value in the air inside the bedroom sets is restricted to be worth, the contract end that this created square gentleman to rent a building to live cannot come true, behoove of reason intermediary company returns hire of square still gentleman 27 thousand yuan, cash pledge 9000 yuan, commission 9000 yuan.
The judge reminds, because major now landlord is stemmed from,be afraid of the consideration that receives rent labor, can be willing to give the building intermediary is unified monopolize govern on somebody's behalf. After building intermediary gets a house, have the house decorating be usinged at renting afresh, but stem from managing cost consideration, often can use relatively cheap decorate material, this kinds of material often does not amount to mark, bring about living environment not to amount to mark.
The judge says, the room must see on the spot before renting a house, if feel,be the house that new clothes builds, can ask intermediary company is shown decorate a contract, look to whether give for regular corporation decorate. And can judge from inside decorating time decorate end come to enter this paragraph of time actually whether enough " medicinal powder flavour " . Additional, if enter a room to be able to smell apparently pungent odour, this kind of building is to be decorated afresh for certain for the most part, reason need not lease this kind of building, avoid to damage oneself health.
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