Case introduction

      Mr. Wang filed a lawsuit claiming that Mr. Zhao, as the lessor, delivered a house that did not meet the living conditions to him for use, causing physical damage to his family and terminating the contract. In addition to refunding the rent and deposit, he should also bear a total of 6673.34 yuan in formaldehyde testing fees, housing agency fees, medical expenses, and moving expenses, as well as paying the resulting rights protection fees, including lawyer fees, transportation fees, and work loss fees totaling 10000 yuan; In addition, due to causing physical damage to family members, a mental loss fee of 3000 yuan should also be paid.

       Mr. Zhao argued that he did not fully understand the corresponding testing institutions and methods, and that the actual sealing time of the house in question exceeded the requirement of 12 hours, which raised objections to the testing conclusion. Therefore, he did not agree to pay Mr. Wang for the various fees requested.

Court Trial

      The court found that the contract between the two parties clearly stipulates that if the leased property delivered affects the health and safety of the lessee, the lessee has the right to exercise the right of termination based on this breach of contract and demand that the breaching party bear the liability for breach of contract. The institution that issued the test report was hired by Mr. Wang, Mr. Zhao, and the real estate brokerage company through consultation. Later, Mr. Wang and Mr. Zhao signed the "Check out Confirmation (Form)" without raising any objections to the test report.

       After trial, the court found that Mr. Zhao's delivery of an unsuitable house constituted a breach of contract in this case, causing a certain degree of physical harm to Mr. Wang and his family. If Mr. Wang chooses Mr. Zhao to bear the breach of contract liability, it does not affect his request for compensation for mental damages. However, Mr. Wang's claim for mental damages of 3000 yuan is clearly too high. After considering the performance of the contract and the medical treatment situation of Mr. Wang and his family, the court has decided that 500 yuan is appropriate. The court ultimately ruled that Mr. Zhao should compensate Mr. Wang with 6673.34 yuan for various losses and 500 yuan for mental damages.

        After the verdict was pronounced, Mr. Zhao proposed the above, and the second instance court upheld the original verdict, which has now taken effect.

Judicial interpretation

       For the convenience of their children's education, many families have changed their homes through the "three relocations" model, which has caused many hidden dangers and disputes in renting.

       Rental housing has activated idle housing resources and met the diverse housing needs of consumers. A stable housing rental relationship ensures the standardization of rights and interests protection, and also nurtures the dream of the rental group to live in peace. This first depends on the rental parties to consciously fulfill their legal and contractual obligations in accordance with the principles of equality, voluntariness, fairness, and integrity. That is, the houses used for rental should comply with national and local safety regulations and standards on construction, public security, indoor air quality, etc. The lessee should also use the rental housing and its ancillary facilities in a safe and reasonable manner according to the planned use, and cooperate with regular inspections. Otherwise, the defaulting party should bear all losses caused to the complying party. In addition, enterprises and real estate brokerage institutions engaged in housing rental operations should also strengthen industry self-discipline, improve industry norms, improve service standards, and actively coordinate with contract parties to properly handle disputes.

       This article is transferred from "Beijing Haidian Court" WeChat official account.