Tenant claims compensation for breach of contract

(chinacourt.org)      Updated : 2015-09-11

Fengtai District People's Court heard a house rental dispute in Beijing on Sept 9.

The plaintiff, Ms. Chen, signed a residential leasing contract with the defendant, Mr Song, in April 2015. After moving in she began suffering from an infection of the respiratory tract, fever and dizziness for no apparent reason. In addition, her pet, a hamster, died inexplicably. Chen informed Song that his newly-decorated house had substances harmful to humans and that she wanted a negotiated settlement. Song rejected her claim and ordered her to move out without returning the deposit and rent. Chen retained a professional institute to make an environmental assessment on the house and found that it was far lower than the basic hygienic standard and was a serious threat to health. Therefore, Chen sued Song at Fengtai District People’s Court claiming 26,220 yuan ($4,096.87) for rent, deposit, penalty and assessment.

The court held that there was a substantial divergence of opinion between the plaintiff and the defendant, and that the environmental assessment should be verified by intermediary agencies. For that purpose, it suspended judgment on the case.

The office building of Fengtai District People’s Court