Jincai real estate

If there is evidence of inaction of the property, which proves that the property has breached the contract, a civil lawsuit can be filed to demand the property to refund the property fee. The property signs a service contract with the owner, and the property provides services for daily maintenance, repair and transformation of houses, buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment in the residential area, and the owner needs to pay the corresponding property fees.

Legal analysis

The owners or owners' general assembly shall sign a written preliminary realty service contract, stipulating the property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, contract term, liability for breach of contract, etc. Property service charges should follow the principles of reasonableness, openness, and adaptability between charges and service levels, and indicate the service items and charging standards. Owners can accept the services provided by the realty service enterprise according to the stipulations of the realty service contract, and supervise the management and use of the special maintenance funds for the property parts and facilities, and the corresponding owners are obliged to pay the realty service fee on time. If the realty service enterprise fails to fulfill the stipulations of the realty service contract and causes damage to the owner, it shall bear corresponding legal responsibilities according to law. If the owner does not pay the property fee, the property company can make a decision to sue the owner, ask him to pay the property fee, and bear the late payment fee and liquidated damages for the property fee.

legal ground

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee. Property service providers include property service enterprises and other managers.

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.