The tenant signed a house lease contract with the real estate intermediary, and found that the house was a partition room after checking in. The tenant asked the intermediary company to rescind the contract and return the remaining rent and deposit, but later sued the court due to unsuccessful negotiation. The People's Court of Haidian District, Beijing, judged that the intermediary company returned Mr. Wang's deposit of 3000 yuan. In February 2022, Mr. Wang signed the Beijing Housing Lease Contract Service Contract with the real estate intermediary Baiyun Company, which agreed that Baiyun Company would sublet a bedroom of a house to Mr. Wang, and the rent would be paid quarterly with a deposit of 3000 yuan. Mr. Wang stayed in the house involved and paid the rent and deposit for the first quarter as scheduled. After checking in, I found that the room I stayed in was a closed space separated from the living room. Baiyun Company did not inform me of this before signing the contract. Through communication with the street office where the house is located, the street thinks that the enclosed space separated is illegal and should be removed immediately, otherwise there will be a great potential safety hazard. When Mr. Wang fed back the situation to Baiyun Company, Baiyun Company ignored it and Mr. Wang moved out of the house involved at the end of April 2022. Mr. Wang believes that Baiyun Company is a professional house leasing agency, and its leasing behavior should comply with relevant laws and regulations, so he requests Baiyun Company to refund its remaining rent, service fee, deposit and other total expenses of 4800 yuan. Baiyun Company argued that the two parties signed the contract voluntarily, the contract was legal and valid, the house was not uninhabitable, and Baiyun Company did not receive the notice from the relevant departments to remove the partition, so Mr. Wang's early termination of the contract was a breach of contract. As for the rent, according to the contract, the plaintiff needs to apply in App 15 days before the date of proposed termination and bear the liability for breach of contract. The plaintiff applied for termination on April 26, and went through the termination procedures on May 1. If it is less than 15 days, it needs to supplement the rent from May 1 to May 10. As for the deposit, Baiyun Company agreed to return the deposit, but since the plaintiff's return of the lease was a breach of contract, it should pay a penalty of one month's rent, which would not be refunded after deduction from the deposit. As for the service fee, the company will deduct it according to the actual number of days of stay at the time of termination settlement. After hearing, the Haidian District Court held that the Beijing Housing Lease Contract signed by Mr. Wang and Baiyun Company was the true intention of both parties, did not violate the mandatory provisions of national laws and administrative regulations, and should be valid. The lease contract between the two parties stipulates that the lessor shall ensure that the building structure, facilities and equipment of the house meet the safety conditions in terms of architecture, fire protection, sanitation, environmental protection, etc., do not change the internal structure of the house and meet the basic use functions, and Party B shall submit a termination application on Party A's App 15 natural days before the proposed termination date, and pay liquidated damages to Party A; If the completion date of Party B's termination formalities is within 15 days after the application date, the deadline for Party B to pay the rent shall be the 15th day after the application date. According to the statements of both parties and the existing evidence, Mr. Wang has the right to apply for termination of the contract because the house involved is a partition room, which is recognized by Baiyun Company. According to the contract, Mr. Wang shall apply for termination 15 days in advance. It is confirmed by both parties that Mr. Wang will apply for termination of the contract on April 26, 2022
Edit：sishi Responsible editor：xingyong
Source：http://society.people.com.cn/n1/
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