Job Recruitment Website - Property management - What happens if the property is sued and the court can't mediate?
What happens if the property is sued and the court can't mediate?
Owners shall not default on property fees without reason. The reason for this is the following:
(1) It is the contractual obligation of the owner to pay the property fee on time. Property management refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise repair, maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas. In the legal relationship of property management (property service), the obligation of the property service company is to provide property services, and the right is to collect property service fees. The owner's obligation is to pay the property service fee, and his right is to enjoy the property service. The specific rights and obligations of both parties are stipulated in the property service contract. Owners and property service companies shall exercise their rights and perform their obligations in accordance with the contract. Unless the property service contract stipulates that the owner can default on the property fee, the owner shall not default on the property fee. If the owner fails to fulfill the obligation of paying the property fee in time according to the contract, the property service company can not only recover the property fee, but also collect the late payment fee according to the contract.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 271 The owner shall have the ownership of the exclusive parts of the building, such as residence and business premises, and the right to jointly manage the * * * parts other than the exclusive parts.
Article 273 The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building. You may not fail to perform your obligations on the grounds of giving up your rights. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.
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