Job Recruitment Website - Property management - Will the court enforce the failure to pay the property fee?
Will the court enforce the failure to pay the property fee?
1. First of all, the property management company needs to file a lawsuit with the court and submit relevant evidence to prove that the owner has not paid the property fee. The court will hear this and make a judgment according to relevant laws and regulations.
2. If the court decides the owner to pay the property fee, and the owner still refuses to perform the payment obligation, the property company may apply to the court for compulsory execution. The court will decide whether to enforce the owner according to the application.
3. In the process of execution, the court may take various measures to enforce the judgment, such as sealing up, distraining and auctioning property. If the owner still fails to perform the payment obligation, the court can also take other measures such as restricting exit and high consumption to force the owner to perform the payment obligation.
4. It should be noted that the court's enforcement is not achieved overnight, and it may take some time and expenses. At the same time, the court's enforcement also needs to follow the relevant legal procedures to ensure fairness and legality.
In addition, the owners can not pay property fees in several cases, including:
1. If the property management company fails to perform its management duties and the owner cannot enjoy the corresponding property services and facilities, the owner may refuse to pay the property fee.
2. The charging standard of property fees is controversial. If the owner thinks that the fee is too high or unreasonable, he can refuse to pay the property fee and negotiate with the property company to solve it.
3. If the property management company fails to provide the relevant charge details and accounts and cannot prove the rationality and legality of the property management fee, the owner may require the property management company to provide relevant evidence. Can not provide, can refuse to pay the property management fee.
4. If the property management company fails to provide corresponding services as agreed in the contract, such as failing to maintain public facilities and clean up public areas in time, the owner may suspend the payment of property fees until the problem is solved.
To sum up, when the owner refuses to pay the property fee, he should communicate with the property company and try his best to resolve the dispute through reconciliation.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 944
The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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