2024-09-28
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with the help of landlord lao li, the young female tenant xiao guan helped her operate the smartphone many times. unexpectedly, xiao guan's kindness was misunderstood by lao li. lao li thought xiao guan was interested in him, and regarded xiao guan's reduced reply as a sign of neglect.
feeling left out, lao li repeatedly sent wechat messages to accuse xiao guan, and asked to enter xiao guan's room alone at night to inspect the house. in desperation, xiao guan had no choice but to move out of his residence.
afterwards, xiaoguan, who felt physically and mentally exhausted, sought medical treatment because he continued to feel nervous and unable to sleep. xiao guan believed that it was lao li's continued harassment that had caused damage to her physical and mental health, so she filed a lawsuit in court, demanding that lao li compensate for her medical expenses, lost wages and other economic losses.
men's roomdong continued to send messages to disturb the female tenant
xiao guan is a "post-80s" female tenant who rents alone in a community in shanghai.
in 2022, various types of owner groups in small management residential areas will be very active. the landlord lao li who lives in the same community also wants to join in and enjoy the convenience of various owner groups. but lao li was over sixty years old and was not good at operating smartphones, so he asked xiao guan for advice and joined various owner groups with xiao guan's help.
since xiao guan was working from home at the time, he agreed to lao li’s occasional visits to ask for advice on how to operate his smartphone. however, not long after,xiao guan found that the messages sent to her by her landlord, lao li, went beyond the scope of asking for advice on smartphone applications, so she responded less to lao li.
however, xiaoguan still often receives wechat messages from lao li. not only that,lao li often asked to come to meet and chat with the supervisor. in desperation, xiao guan sent a wechat message to reprimand lao li for his actions.unexpectedly, this move caused lao li's dissatisfaction.
landlord visits at night and tenants have no choice but to move out
lao li began to accuse xiao guan of seducing her many times.he also made malicious speculations about xiao guan’s friendship.
"did your anger interrupt your good deeds?"
"now i have my nth personal bodyguard again."
in august 2022, lao li thought he had discovered signs that xiao guan was renting a house with others, so he sent a message asking xiao guan to fulfill his promise to rent a house by himself, and asked to enter xiao guan's room to check the situation on the grounds that he was worried about the leakage of the house.
after many requests were rejected,one night at nearly 21:00, lao li came to the rental house again and asked to enter the room to check whether there was any rain leaks.the supervisor suggested that lao li should enter the house during the day when a third party was present, but lao li refused. seeing that lao li insisted on entering the main room, xiaoguan called the police for help and moved out of the rental house that night.
tenant sues landlord over health damage
after moving out of the rented house, xiao guan found that he continued to have poor sleep, dare not turn off the lights at night, and had heart palpitations. so i went to a hospital for treatment. medical records showed that xiao guan was nervous because he was constantly being harassed by his landlord, and he always felt like there was a knock on the door. the diagnosis was a "depressive episode."
xiaoguan, who was physically and mentally damaged, took lao li to court and demanded compensation of thousands of yuan for his medical expenses, lost work expenses, etc.
the court ordered compensation of 100 yuan
the shanghai court pointed out that the personal rights and interests of citizens are protected by law. if the personal rights and interests of others are infringed due to fault, the perpetrator shall bear tort liability in accordance with the law.
in this case, the landlord lao li accused the tenant of seducing him without any reason, but there was no corresponding evidence to prove it. when the supervisor received little response, he blamed or even insulted the supervisor.his behavior was obviously full of bad emotions and private intentions, which disturbed the private life of the tenant to a considerable extent.
especially in august 2022, the landlord lao li's request to enter the superintendent's room at night was obviously wrong. as a single woman living alone, xiao guan had every reason to refuse lao li's request. his idea of inspecting the house in the presence of a third party during the day was a reasonable proposition.
based on the comprehensive judgment, the behavior of the landlord lao li at that time was enough to cause xiao guan's emotional abnormality, thereby causing damage to his physical and mental health. therefore, the court supported xiao guan’s claim that the landlord, lao li, was liable for health right infringement and should compensate him for his medical expenses. butsince xiao guan failed to provide the first medical diagnosis, it cannot be ruled out that he had original psychiatric symptoms. therefore, the court ordered lao li to compensate rmb 100 at its discretion.
as for the issue of missed work pay, xiao guan believed that the missed work occurred when he was terminating the rental contract with lao li and had nothing to do with the damage to his health. therefore,the court did not support xiao guan’s request for compensation from the landlord for lost wages.
finally, the court ruled thatlao li compensated xiao guan 100 yuan for medical expenses.after the first instance verdict, the landlord lao li was dissatisfied with the verdict and filed an appeal.the original verdict was upheld after the second instance.
morning news·zhou zao app reporter zhang yiwei