I rented a house, but the noise was so loud that the landlord refused to refund the money. Can I file a lawsuit?

Yes, we can negotiate with the landlord. If the negotiation with the landlord fails, according to whether there are any agreed terms on the rental conditions of the house in the house lease contract, if the noise really affects the contract conditions of normal living, you can ask to terminate the contract. If there is no relevant agreement in the contract, we can only negotiate with the landlord as much as possible. If negotiation fails, the rent must be withdrawn in advance, and the liquidated damages must be paid according to the contract. You can also apply for court mediation to safeguard your legitimate and reasonable rights and interests.

Legal analysis

If the landlord refuses to check out after renting the house because the surrounding environment is too noisy, both parties can negotiate amicably based on the signed rental agreement. If no agreement can be reached through consultation, they can bring a lawsuit to the local people. Can identify the noise and then sue. The lease contract, that is, the house lease contract, refers to the agreement that the lessor provides the house to the lessee for use, and the lessee pays the agreed rent regularly, and returns the house to the lessor in good condition when the contract is terminated. According to the regulations of the Ministry of Environmental Protection, this residence belongs to noise-sensitive structures, and its noise emission limit is between 40 decibels and 50 decibels. If it exceeds this volume, it can be regarded as noise disturbing people. Therefore, residents can complain to the competent administrative department of environmental protection. If the landlord refuses to withdraw the rent unreasonably, he can complain to the neighborhood Committee or apply for arbitration. Generally speaking, when renting a house, he will sign the lease contract, and whether it is necessary to return the rent can be done according to the contract. If the landlord breaches the contract, he can sue.

legal ground

Article 54 of the People's Republic of China (PRC) Urban Real Estate Management Law, the lessor and the lessee shall sign a written lease contract, stipulating the lease term, lease purpose, lease price, repair responsibility and other rights and obligations of both parties, and register with the real estate management department.

Measures for the administration of commercial housing lease

Article 3 The principle of equality, voluntariness, legality, honesty and credibility shall be followed in house leasing.

Article 9 The lessor shall perform the obligations of house maintenance in accordance with the contract and ensure the safety of the house and indoor facilities. If the damaged house is not repaired in time, which affects the normal use of the lessee, it shall be liable for compensation or reduce the rent in accordance with the agreement. During the term of the house lease contract, the lessor shall not unilaterally raise the rent level at will.