[Direct answer]Yes. If the leased property endangers the lessee's safety or health, the lessee can terminate the contract at any time — houses with excessive formaldehyde levels are a typical example. The three key steps of the process are: entrusting a qualified institution to conduct standard testing, notifying the lessor in writing to terminate the contract based on the CMA report, and claiming the return of the rent deposit and compensation for the testing fees and damages. If the excessive levels are discovered immediately after moving in, the more decisive the termination, the less damage there will be to health and finances.

1. Problem background and typical scenarios

High-risk housing sources with excessive formaldehyde levels: newly renovated apartments put up for rent immediately, partitioned rooms "listed on the market three days after renovation", and old houses massively renovated by long-term rental apartments. Typical scenarios: after moving in, residents experience a sore throat, dizziness, and children cough repeatedly. When they request to terminate the lease, the landlord refuses on the grounds that the contract has not expired; or when tenants purchase testing devices online and find excessive levels, the landlord refuses to acknowledge the results. The combination of health anxiety and difficulties in providing evidence characterizes such disputes.

II. Key points of contention

First, the admissibility of the test results. The data from portable testing devices purchased independently have weak probative force. Only reports issued by CMA-qualified institutions in accordance with the "Indoor Air Quality Standards" can be considered hard evidence. Sampling points, sealing duration, and testing conditions will all affect the results. Second, the causal relationship between exceeding standards and renovations. Exceeding standards in newly renovated rooms can be presumed to be related to the rental housing. If the problem is discovered after a long period of occupancy, the landlord may argue that it was caused by the tenant adding furniture, so evidence of the furniture's source should be prepared. Third, the scope of compensation. After terminating the lease, the paid rent and deposit should be refunded, and the testing fees and moving expenses can be claimed. For personal injury (medical treatment, maternal and infant impacts), claims should be made separately according to the rules of damage compensation, with higher evidentiary standards.

III. Professional analysis by Henglue Lawyers

The process of formaldehyde removal during lease termination follows the sequence of "first obtaining evidence, then terminating the contract, and finally seeking compensation". **Evidence Collection Phase**: - Upon detecting odors, do not ventilate or modify the environment independently (as this may compromise sampling conditions). - First, contact a CMA-certified testing agency to conduct comprehensive sampling (including formaldehyde, benzene compounds, and TVOC) based on the living conditions. - The report must specify the sampling time, sampling points, and standard limits. - Concurrently, document medical records (if experiencing discomfort) and communication records with the landlord. - Separately archive purchase receipts for newly added furniture to support causation defenses. **Termination Phase**: - Send a written notice to the landlord (via WeChat and mail) based on the test results, specifying the termination date, refund amount, and moving arrangements. - The legal basis is the Civil Code provision allowing tenants to terminate leases immediately if the property endangers their safety or health. This right to terminate does not require the landlord's consent and takes effect upon notice delivery. **Compensation Phase**: - Refund unoccupied rental payments and deposits are the basics. Direct losses include testing fees and moving expenses. - Personal injury claims (treatment costs, lost wages) require medical and causation evidence. Courts will prioritize reviewing health-related evidence during the lease period for pregnant women and children. **Landlord Obligations**: - Air quality in leased properties is a critical aspect of habitability. Post-renovation ventilation and testing are essential risk mitigation measures. Landlords who knowingly rent out unqualified units face administrative penalties and legal action, and tenants can file complaints with housing authorities. **Practical Tips**: - Preventive measures: Include "air quality testing upon delivery and termination of the contract" in lease agreements to preemptively shift the burden of proof and liability. - Long-term rental apartments are high-risk areas. Require disclosure of renovation timelines and material eco-certifications before signing contracts. Health risks always outweigh rental discounts.

IV. Practical Suggestions and Legal Basis

The first step is to conduct an inspection first and then negotiate: With the CMA report in hand, the position in the lease termination negotiation will be completely different. The second step is to issue a written notice of termination based on the report, clearly stating the refund amount and time limit. The third step is to archive evidence: Keep the report, medical records, payment receipts, and communication records in a complete set. The fourth step is to escalate the claim: If the negotiation fails, file a lawsuit to claim rent deposits, inspection and moving fees, and personal injury compensation. The main legal basis includes Article 708 of the Civil Code of the People's Republic of China (implemented in 2021) (obligation to ensure the suitability of the leased property), Article 731 (right of termination due to danger to safety and health), and Article 566 (consequences of termination); the "Indoor Air Quality Standard" (GB/T 18883, current version); and the "Beijing Municipal Housing Lease Regulations" (implemented in 2022). Specific applications shall be subject to the currently effective standards and regulations.

5. Henglu Law Firm's Reminder

In formaldehyde disputes, the most costly thing is procrastination: living in a house with excessive formaldehyde levels while waiting for the landlord to show conscience, and losing both health and timeliness. Once the CMA report is issued, the right of rescission becomes unilateral - addressing health issues always takes priority, and monetary disputes should be resolved through legal procedures. Those involved in formaldehyde-related tenancy terminations can proceed through the following channels:Real estate transactions and construction projectsFor those interested in compensation for personal injuries caused by decoration pollution, they can pay attention to the overall solution provided by the servicePersonal injury and medical disputesFor issues related to the quality of decoration materials and the contractors' responsibilities, they can be addressed jointlyBusiness and contract disputes in enterprisesFor reference, you can refer to the design of the lease contract terms when drafting a lease agreementSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: Can the data from the testing device I bought myself be used?

This is for reference only. The litigation and negotiations shall be based on the inspection reports issued by the CMA-qualified institutions in accordance with national standards. The sampling conditions may affect the validity of the conclusions.

Q2: What should I do if the landlord refuses to acknowledge the report?

The report, issued in accordance with the law, can be used to unilaterally terminate the contract without the landlord's consent; if the landlord refuses to refund the deposit, you can sue him based on the report, and the court will give high credibility to the reports issued by qualified institutions.

Q3: I only found out that the apartment exceeded the standard after living there for half a year. Can I still get a refund?

It can be resolved, but the burden of proof for causation is higher: it is necessary to prove that the exceeding standard originates from the house itself rather than from the furniture added by the tenant. The furniture receipts and evidence of the renovation time are crucial in this regard.

Q4: Who will bear the testing fees?

First, the tenant pays in advance. After the overcharging is confirmed, the tenant can claim compensation from the landlord for the losses and include the claim in the list of demands when suing the landlord.

Q5: Can I ask the landlord to provide a test report before signing the contract?

Yes, it's particularly necessary for newly renovated houses. Including "delivery after passing inspection" in the contract is the lowest-cost risk control clause.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits.Legal services for the purchase and sale of real estate·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.