There is a kind of "not easy" called shared housing, if there is a lack of trust and honesty between roommates, living together will be constantly contradictory, and may even escalate into legal disputes. A few days ago, the Lucheng court concluded a dispute over a housing lease contract, which was caused by the fact that the roommate installed 4 monitors indoors...
On August 17, 2020, Yang Mou, who runs a tea room in Wenzhou, subleased a one-bedroom bedroom in a three-bedroom, two-hall he rented to Xu.
Are girls, Xu is more assured, did not sign a sublease contract, through WeChat to Yang to pay rent 5100 yuan and deposit of 1700 yuan, agreed on property fees, gas costs, electricity costs to share matters.
The shared living began, living room, kitchen, bathroom, etc., the two were in common. Originally thought that there was nothing wrong with Xiang'an, as a result, 3 months later, Xu accidentally found that the living room was equipped with monitoring, and Yang did not tell him when renting a house, although he felt strange, but did not pay attention to it.
On February 14, 2021, Xu returned to her residence to find that a new monitor had been installed in the living room, which made her full of insecurity.
"Your surveillance of private installations at home without my consent has violated my right to privacy, and I hope you will make a certain deal with this matter." Xu communicated with Yang that night and said that if Yang insisted on not handling it, he would not renew the lease.
"I'm definitely going to install a surveillance on the outside." Yang argued that he installed monitoring because he moved a lot of items from the tea room to the living room and storage room, and there was no special intention to install monitoring, and it had been installed before Xu rented, and several monitors had no electricity.
Yang Mou advocated that now the company and shopping malls have installed monitoring, which is not a big deal. For this statement, Xu believed that the two parties had lost the basis of trust, proposed to terminate the lease contract, and moved to the shared house in May of the same year.
After the court found that Yang installed 4 monitors in the living room, dining room, storage room and other places of the shared house without Xu's consent.
Because Yang claimed that Xu had been renting for less than one year and not returning the deposit, the two parties had a dispute. In April 2021, Xu sued Yang to the Lucheng District Court, demanding a refund of rent and deposit totaling 4,700 yuan.
The court held that Yang installed multiple monitors in the public activity area of the leased house without Xu's consent, and Xu's claim to terminate the lease contract in advance should be supported. After settlement, the court ruled that Yang should refund Xu's rent and deposit totaling 3554.5 yuan. In order to avoid litigation tiredness, Xu should return the key to Yang.
Judge's Statement
Personal privacy and private space are protected by law
Although this case is a contract dispute, it involves the right to privacy. The Civil Code pays attention to the protection of privacy and personal information, stipulating that unless otherwise provided by law or with the explicit consent of the right holder, no organization or individual may enter, photograph, or peep into other people's residences, hotel rooms and other private spaces.
Privacy protects private spaces, private activities, and private information that are peaceful and undesirable to others. Private spaces include specific private spaces such as personal residences, hotel rooms, passenger luggage, personal communications, etc.
The shared house involved in the case belongs to the private space, even if Yang claims to install monitoring in public areas such as living rooms and dining rooms, but the act shoots and spies Xu's daily life, unless Xu expressly agrees, it is an act prohibited by law.
The judge reminded that it is said that the family home is peaceful, it is not easy to share a house, and the roommates should learn to be considerate and tolerant, trust each other, and be honest enough to make life and work simple and easy.
Source: FM1039 Wenzhou Traffic Radio
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