“
The occurrence of the death of the housing production value has shrunk, which in theory is known as the pure economic loss, that although housing in the physical without damage, but will lead to lower rent when the rent. However, the pure economic loss system in China is not relevant laws and regulations support, is only an academic point of view.
“ this year's property market so that the rent of our district are followed in the rise, only my not only can not rise, but to drop. ” standing outside the court in Tongzhou District City, Beijing Lake court Lily Tien (a pseudonym) told the "square" reporter, in her eyes, this is because her house out of an accident.
The 7 year old man falls dead
In January 2016, due to have been deserted, the tenant Zhang Lu Lily Tien proposed to rescind the lease contract, however, Lily Tien from the agency learned that their house will because of Zhang Lu's father's death events become “ &rdquo, and the haunted house; housing value will be affected. During the period, Lily Tien repeatedly found Zhang Lu, seeking compensation for “ Xiongzhai ” depreciation charges, but the two sides have failed to reach an agreement because of the amount of compensation for differences.
Lily Tien believes that Zhang Lu bears regulatory responsibility for his father, with his father in the house involved in the fault liability to jump Dutch act, the housing depreciation loss. In February 2016, Lily Tien and her husband to the property damage compensation disputes by the tenant Zhang Lu sued to Tongzhou court.
The 36 year old Zhang Lu was working in Tongzhou, she has a firm foothold in North Beijing. Zhang Lu also has a sister who lives in Beijing, 2015, the two sisters to discuss their parents in their old age, the decision to support an old man, the final care of his father fell on the body of Zhang Lu.
In order to facilitate the care of his father, Zhang Lu began in the neighborhood for the house, eventually to watch the Lily Tien house: Lily Tien to rent a house in the building No. 4, and No. 6 Zhang Lu Home Furnishing live right next to, and is a fine decoration of small Sanju, good condition, is convenient for Zhang Lu's sister and mother come to visit his father. May 1st, Zhang Lu and Lily Tien after the successful signing of the "housing lease contract".
The provisions of the contract, the housing lease for one year, the monthly rent of 3600 yuan, “ should be paid, but Zhang Lu was on hand tight, will pay 4 months rent, again in August to pay half the rent. ” Lily Tien said in court.
Arrangements for a good residence, Zhang Lu father of three meals a day are prepared by her, and then from the 6 floor of the 2 floor to the 4 floor to the 12 floor to his father's hands.
The accident occurred on the morning of September 19, 2015, the day Zhang Lu left home to go to work, a few steps and saw a crowd around 4 downstairs, while also parked police cars, and three units are surrounded by the position of his father live, Zhang Lu closer look, is a familiar figure &mdash lying in a pool of blood see only; — it was her father, Zhang Lu immediately ignorant.
Subsequently, Zhang Lu's father was sent to the hospital immediately after hearing the news, the family rushed to the scene, but eventually the old man died the death.
The accident occurred after Zhang Lu and his family pack relics to prepare for the worst, in his living room “ is annoying when being chaotic, didn't want to notify the landlord ”. Until the end of September, the landlord Tian from the area of WeChat group in Licai learned unit three, building 4, out of the accident, hurriedly call Zhang Lu, &ldquo confirmed her out; afterwards, we didn't mention anything else, just say some words of comfort, comfort her. ” Lily Tien said.
But Zhang Lu has not mentioned his father out of the act, let Lily Tien heart some mind, “ the first few days not to mention nothing, is understandable, but can not always deceive us. ” Lily Tien told reporters.
Although Lily Tien was already feeling, but considering the Zhang Lu home just out of the thing, and as long as the lease to “ also did not think of what will be the impact of &rdquo, after Lily Tien and Zhang Lu; and two for a period of time still live in peace. Until one day, Zhang Lu find Lily Tien proposed to remove the housing contract in advance.
The owner for damages haunted house ” “
Lily Tien recalls, Zhang Lu the old man's funeral after treatment after a period of time to take the initiative to find her, said the house has not been lived, so the rental contract is terminated in advance. Lily Tien said Zhang Lu first time to find her communication when the initiative to mention the old man will give her the impact of the housing, and this apology, saying that they are willing to do some compensation.
“ my husband and I was not to Xiongzhai ‘ ’ to think, since she is actively mentioned, we will solve it privately think. ” Lily Tien said, but she did not think of is, in the process of negotiation, Zhang Lu is “ more and more ”, to the end, “ a penny does not want to lose to us &rdquo.
“ is she to talk about compensation, but the result is not willing to pay, this is how to return a responsibility? ” Lily Tien told reporters, Zhang Lu is both the first negotiation performance of “ hot ” her, let her determination to recover “ &rdquo haunted house depreciation charges determination.
On the case of the first consultation between the two sides, Zhang Lu's agent, Beijing Sea Law Firm lawyer Hou Haiyang told reporters to describe another version.
Hou Haiyang said, Zhang Lu first time to find Lily Tien consultations did not mention the so-called housing depreciation charges. Because have no necessary housing, Zhang Lu hope early termination, but because the lease did not meet the contract for one yearZhang Lu proposed, “ no deposit back, ” in order to pay for the losses caused by the event to Lily Tien. However, Zhang Lu did not think Lily Tien “ the lion big mouth, made her joint ” “ Xiongzhai ” depreciation fee compensation totaling 129 thousand yuan.
But both sides acknowledged that the results of the first consultation is Lily Tien and Zhang Lu two part.
Lily Tien said that after asking, she learned that the intermediary in the sale or rental housing will be housing all the information to inform the lessee or the buyer, &ldquo ” out of life; the house will be depreciated a lot in the transaction, even “ shrink 1/3 ” and the tenant in the house, &ldquo, &rdquo have rarely been haunted;; consider.
Since then, Lily Tien repeatedly found Zhang Lu demanded compensation for the “ Xiongzhai ” depreciation charges, but the two sides in the amount of compensation has been unable to reach an agreement. Period, Zhang Lu's biggest concession is “ more than 3 months of compensation for rent ” that is, more than 1 yuan, but this is far from the 129 thousand yuan compensation Lily Tien requirements.
To Lily Tien's anger, Zhang Lu did not admit that his father's death would have an effect on the value of the house. “ housing will depreciate, but also not good to rent out, these she (Zhang Lu) are not recognized. ” Lily Tien told reporters.
To this end, Lily Tien proposed two solutions: one is to ask Zhang Lu for a monthly price of 3600 yuan for 3 years, “ she let her think good rent to rent, the extra money is her ” two; two people change to live, Lily Tien believes that his 12 story house than Zhang Lu 2 the house is better, but don't mind change to live. However, the two programs were subsequently rejected by Zhang Lu.
“ to meet such a landlord, (Zhang Lu) for fear of avoiding it, how could it again and she pulled on the relationship. ” Hou Haiyang explained that since his father died, Zhang Lu was a long time coming, but Lily Tien again and again to find her, and is “ &rdquo is the compensation for the haunted house; this makes Zhang Lu feel this man Lily Tien “ don't come, don't want to see her ”.
Beijing Guolian lawyer Li Jingtao had to communicate with Zhang Lu, Li Jingtao said, his father died when the big blow to Zhang Lu now will cry about “ ” Zhang Lu, now as small as “ sadly, see that building will be uncomfortable, how could accept the landlord said. Take care of your father's death before the living room, or even live in? ”
Because negotiation has been no result, in a quarrel, Lily Tien told Zhang Lu: “ if you can not compensate for the loss of my house, then I will be on the court. ” and Zhang Lu responds: “ you are told. ”
February 2016, Lily Tien and her husband to the property damage compensation disputes by the prosecution to the court of Zhang Lu.
The relationship between the death of residents and the value of the house
March 31st 10 in the morning, the case in Tongzhou court court trial. Lily Tien and his agent Beijing de and Heng Law Firm lawyer Wang Xiao sitting in the plaintiff, Zhang Lu is not present, by his attorney Hou Haiyang sitting in the dock.
Lily Tien believes that Zhang Lu in the rental period, the rent without authorization will be lent to the spirit of non normal aging father lived alone, in September 19, 2015, his father in the house involved to climb 1.5 meters jumping window Dutch act brought adverse effect to the house, and Zhang Lu, as the children of the elderly care, have fault, also has the fault of the depreciation of the house involved the loss, so Zhang Lu to claim for the loss of 12.9 million.
Reporters noted that Lily Tien had been in the prosecution said that in February 2016 she will be housing information on the housing agency, no one is willing to rent. But on the court, Lily Tien has admitted that housing has been leased at the beginning of March, and she and Zhang Lu between the termination of the contract in February 2016.
“ this year's rent is expected to rise, but I am this suite is lower than last year, the price of 3500 yuan per month to rent out. ” Lily Tien explained, although the house rented out, but also can not deny the depreciation of housing. She also stressed that in the future to sell the house, her house will be due to the death of the father and the price of the event has shrunk.
The defendant lawyer Hou Haiyang does not endorse Lily Tien's view, he believes that the case involved housing and general ‘ Xiongzhai ’ the essential difference: Zhang Lu's father of an accidental fall dead, died in the house, not in the house, not ‘ Xiongzhai ’. In addition, Hou Haiyang also said that Lily Tien said its housing value caused damage, but there is no damage to the facts, the amount of concrete damage, and the causal relationship between Zhang Lu, and the fault of Zhang Lu. Therefore, Lily Tien's lawsuit request does not approve.
In the trial, the two sides on the death of the elderly is an accident or suicide debate.
Lily Tien said in the indictment and court, after the death of the elderly, Zhang Lu told her the old spirit is not completely normal, Lily Tien told reporters that she was listening to Zhang Lu speaking was aware of this situation, “ she (Zhang Lu) for a mental disorder is to take care of the elderly living alone, not a week. ” however, Lily Tien did not provide any evidence that the old man was mentally abnormal.
“ I've never heard of Zhang Lu's father's mental disorder, and that's not where you come from. ” Hou Marine Court issued the death of the elderly identification certificate, the police concluded that the elderly fall dead. Hou Haiyang said, Zhang Lu father no problem, but older, and some slight senile disease.
The death of the elderly is suicide or accident, which is related to the death of Zhang Lu's father was at fault. On the court, both sides each one sticks to his argument.
Hou Haiyang revealed that after being sued, Zhang Lu had said to him: “ was an accident, she (Lily Tien) said I was wrong, which makes my sister, mother and other relatives and friends how to think? ” Zhang Lu was very angry.
In court, Hou Haiyang said, Lily Tien in the absence of evidence that the cause of the elderly is the cause of the death of Zhang Lu is not care, which gave Zhang Luben a heavy psychological and cause huge damage. “ because the plaintiff's remarks, the defendant's family also therefore suspect Zhang Lu, asked her if the fact is really so. In this regard, Hou Haiyang ” Lily Tien demands an apology, compensation for the spirit of Zhang Lu and is responsible for the loss of 150 thousand yuan, the cost of litigation.
On the same day, the court did not in court for sentencing.
No &ldquo legal &rdquo damages; haunted house;
According to custom, “ Xiongzhai ” generally refers to a murder, Dutch act of events such as house in the room, but in the law, &ldquo ” Xiongzhai at present there is no legal definition of the definition. Beijing Ze Yong lawyer Wang Changqing told reporters "radius", regardless of the house or outside, death events have a certain impact on housing, in the customs is “ the ”. But in his view, the owner called for housing into “ Xiongzhai claim ” appeal to tenants, courts generally do not support.
Wang Changqing introduced, one is no way to define what kind of house is haunted house in the law, the lessee does not have any fault, the owner claims there is no legal basis; two is to reduce the rent and “ Xiongzhai ” there is no causal relationship between. He said, the so-called haunted house did not cause physical damage to the house, only affects the occupants of the psychological, and the influence of a variety of It differs from man to man., the rental housing also has a variety of possible, so &ldquo Xiongzhai; ” is not directly associated with the housing depreciation two, there are many possibilities to reduce the rent.
“ this kind of incident on the owner, the owner of the psychological shadow, so the claim, the current law is indeed no basis. ” Professor Matt of University of International Business and Economics School of law, the occurrence of death housing value, which is known as the pure economic loss in theory, that although housing in physics without damage, but due to become “ &rdquo haunted house leads to reduced rent when the rent. “ however, the pure economic loss system in China is not relevant to the provisions of the relevant laws and regulations, but an academic point of view. ” Matt said, the dispute of compensation for property damage to the owner sued the tenant, it is difficult to get legal support.

From the radius of the magazine 16:26 2016-05-05