What are the consequences of being sued for not paying property fees? Does the property have the right to cut off water and electricity?

Property services have brought a lot of convenience to owners and ensured the safety of residents in the community. When we enjoy the benefits of property services, we need to pay related fees, that is, property fees. Now someone refuses to pay the property fee because of dissatisfaction with the property or other reasons, and the property company can bring a lawsuit to the court. What are the consequences of being sued for not paying property fees? The following small series introduces it for everyone, hoping to help everyone.

1. What are the consequences of being sued for not paying property fees?

If the owner is sued for not paying the property fee, the court will mediate. If the mediation fails, the owner will be sentenced to pay the property fee and refuse to perform. Property companies can apply for compulsory execution.

According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

In this regard, Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases further stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after written reminders, the people's court shall support the property service enterprise to request the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.

Second, does the property have the right to cut off water and electricity without paying the property fee?

The owner and the property management company are equal civil subjects, and both parties shall perform their respective obligations in accordance with the contract. If either party breaches the contract, it shall bear corresponding liabilities for breach of contract. If the owner fails to pay the property fee in time, he shall bear legal responsibility. Property companies have the right to require owners to pay property fees and bear certain liquidated damages.

But the property company has no right to take measures to cut off water and electricity. According to Article 45 of the Property Management Regulations, water supply, power supply, gas supply, heating, communication, cable TV and other units within the property management area shall charge relevant fees to the end users. If the owner signs a contract with the water supply and power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and power. The property company is not a party to the water supply and power supply contract and has no right to interrupt the water supply and power supply to the owner without authorization.

On the other hand, 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 relations. The right to stop water and power supply is an important defense right for water supply and power supply enterprises to perform contracts. The property management company is not a water supply and power supply company in the community, so it naturally does not enjoy the right of water supply and power supply.

3. What are the legitimate reasons for not paying the property fee?

You can refuse to pay the property fee under the following circumstances:

(1) If the house is not delivered due to quality problems, the property fee shall be paid by the developer;

(2) If the property company fails to perform the service responsibility of the property contract, all the owners can refuse to pay, but there must be strong evidence;

(3) The service quality provided by the property management company can't meet the standards stipulated in the property contract;

(4) The property company does not have the original approval document of the price management department;

(5) The property management company increases the charging items, expands the charging scope and raises the charging standard without authorization.