I saw a post on the internet saying that if the tenant doesn't pay the property fee, the property will be cut off from water and electricity. I don't know much about architecture. How does the propert

I saw a post on the internet saying that if the tenant doesn't pay the property fee, the property will be cut off from water and electricity. I don't know much about architecture. How does the property close the valve? Residents do not pay property fees, and the property has no right to stop water and power. The parties to the water supply contract are the owner and the water supply company; The parties to a property management contract are the owner and the property management company, which have different legal relationships.

The right to stop water and power supply is an important defense right for water supply and power supply companies to perform contracts. The property company is not the main body of the water supply and power supply contract, so it naturally does not enjoy the right of water supply and power supply.

It is stipulated in the property management contract that when the owner fails to pay the property fee, the property management company can take water and electricity cuts as a punishment, which belongs to other clauses in the contract law. According to the principle of relativity of contract, this clause should be agreed by the obligee. Otherwise, it is an invalid clause, and the owner can turn to investigate the tort liability of the property management company. In this case, if the property company cuts off water and electricity without authorization, causing losses to the water supply and power supply company, the water supply and power supply company can also claim compensation from the property company.

Extended data:

In the relief way that the owner does not pay the property fee, the property has no right to stop water and power. If the owners fail to pay the property service fee within the time limit, the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court. Relevant laws and regulations are as follows:

property management regulations

Article 64

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 4?

The people's court shall support the owners to violate the realty service contract or laws, regulations and management regulations and implement acts that hinder the realty service and management, and the realty service enterprise shall request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.