Mid August
Mr. Liu saw the listing on the Internet
An apartment in Aoxuan City, Binjiang District, Hangzhou
After the intermediary salesman took a look
He was more satisfied
and Hangzhou Anyi Rent Network Technology Co., Ltd
A lease contract was signed
This house of 72 square meters
The hire term is 11 months and 23 days
From August 25th to August 16th next year
The monthly rent is five thousand six thousand, and three mortgages are paid
August 18th
Mr. Liu transferred 23,400 yuan to the staff of Anyi Rent
He said he had not paid the agent any money
The journalist noted
There is a clause in this electronic contract
tenant" during the tenancy period
It is not allowed to use formaldehyde exceeding the standard and other residential safety hazards as the reason
Terminate the contract with Party A"
Reporter: Did you smell the house at that time?
Mr. Liu: It's very heavy in the corridor, and there are some in the room. At that time, we were worried about the problem of formaldehyde, and we had communicated at the beginning, how to deal with the problem of formaldehyde, and they said that they would invite an aldehyde removal company to remove aldehyde, and a CMA report would be issued.
"CMA" is China's metrology certification mark
A third-party testing organization that has obtained a metrological certification certificate
before it is allowed on the test report
Use the China Metrology Certification Mark
Mr. Liu said
Considering that there is still a smell in the house
He decided not to move in
Find a testing company to test formaldehyde
This test report has the China Metrology Certification Mark
The sampling time is August 27
The testing agency is Jiangsu Chengda Testing Technology Co., Ltd
Formaldehyde in the living room and two bedrooms was exceeded
Among them, the highest formaldehyde value is the second bedroom
reached 0.129 milligrams per cubic meter
The reference limit is 0.08 mg/m³
Mr. Liu: Their (the lessor's) report has not been given to us for a long time, so I first asked a third-party company to test it, and the result was that (formaldehyde) exceeded the standard. At that time, we negotiated with the landlord, and they meant that we also had a report and we did not exceed the standard.
On the test report issued to Mr. Liu by the "Anyi Rent" company
There are also China metrology certification marks
The testing unit is Wanzhong Testing (Jiangsu) Co., Ltd
The sample delivery time is August 21
Formaldehyde values in the master and second bedrooms
0.068 milligrams per cubic meter, respectively
and 0.07 milligrams per cubic meter
None of them exceeded the limit of 0.08 milligrams per cubic meter
Mr. Liu: Now that the two reports are inconsistent, can we find a recognized third party, and everyone will jointly pay for the test, he said that it is impossible, it is our standard. I said yes, I paid all the cost of the test myself, can I find a second company to re-test, he said yes, and let their aldehyde removal company remove aldehyde again, (the second) test is also exceeded.
The second testing company that Mr. Liu found gave a report
There is a China metrology certification mark
The testing unit is Hangzhou Qingmu Testing Technology Co., Ltd
The sampling time is September 3rd
Formaldehyde in two bedrooms was exceeded
The second bedroom is 0.131 mg per cubic meter
The master bedroom is 0.137 mg per cubic meter
all exceeded the reference limit of 0.08 mg/m³
Mr. Liu said
The solution given by "Comfort Rent" is to return the lease and get a refund
When chatting on WeChat
The other party mentioned
The intermediary fee of 2,800 yuan and the 11-day rent of 2,053 yuan should be deducted
Mr. Liu objected:
"It's your fault
I didn't stay a day."
On September 5, he received a refund of 18,547 yuan
Other words
4,853 yuan was deducted
Reporter: How much did it cost to find a testing company these two times?
Mr. Liu: More than 1,000, I want to pay for the test, and the 23,004 for renting the house will be refunded to me in full, but he said no, and deducted the money. The intermediary fee was given by him to the intermediary, and no one lived in it for half a month, so he thought it was my responsibility and deducted half a month's rent.
Mr. Liu said
The agent is no longer in contact
He wanted to find a "comfortable rent" to get back more than 6,000 yuan
Mr. Liu: I want to return the money deducted to me, as well as the test fee, I also want it now, I have given in before, but this responsibility lies with you.
Mr. Liu said
"Comfort Rent" has an office on the 24th floor of Aoxuan City
The reporter followed him to find here
The knock on the door has not been answered
Find the twenty-first floor again
This is the apartment that Mr. Liu rented before
The doors and windows are open
The reporter did not smell a significant odor at the door
Mr. Liu made a WeChat call to the staff member
Hung up several times
The reporter found the "Anyi Rental" company on the Internet
Contact details of one of the responsible persons
The person in charge of Hangzhou Anyi Rent Network Technology Co., Ltd.: He also has no way to prove that we are exceeding the standard, we have also done formaldehyde testing, but he thinks that the formaldehyde exceeds the standard, and he proposed to surrender the lease for this reason. In this case, we will return according to the normal breach, and we are suspicious of the third party he detected, and we do not count him as breaching. One is the intermediary fee we pay, and the other is the rent for so many days.
Reporter: Are you looking for a personal agency?
Person in charge of Hangzhou Anyi Rent Network Technology Co., Ltd.: This is our business, and it has nothing to do with you.
Mr. Liu: I told him from the beginning that if you unilaterally find a tester and issue a test report, I am not on the scene, and I can't trust him, so can we jointly fund and find it together?
Lawyer thinks
About the amount of the refund for the return of the rental
The parties can resolve the matter through legal means
But that clause in the contract
tenant" during the tenancy period
It is not allowed to use formaldehyde exceeding the standard and other residential safety hazards as the reason
Terminate the contract with Party A"
Legally untenable
Chen Songtao, director of Zhejiang Fengguo Law Firm: This standard clause obviously restricts the consumer's right to damage his personal safety, for example, excessive formaldehyde will definitely damage the health of the tenant, which is obviously unreasonable and belongs to the overlord clause in law.
Reporter: The tenant is not allowed to surrender the lease on the grounds of excessive formaldehyde, why should it be agreed like this?
Hangzhou Anyi Rent Network Technology Co., Ltd. Person in charge: It's okay here, I want to write like this.
Mr. Liu said
Since the person in charge of "comfortable rent" is this attitude
He is ready to take legal action