What should I do if I refuse to pay the property fee due to improper property management?

If you refuse to pay the property fee, it is recommended to settle it through consultation. If negotiation fails, evidence can be collected for prosecution. First of all, the property management company failed to fulfill its due responsibilities, which is in violation of the property management contract. Its default comes first, and your refusal to pay the property fee is a defense. If the property fails to act and violates the service contract, it can be used as a defense for underpaying the property fee.

Legal analysis

1. The owner signed a property service contract with the property. According to the contract law, both parties should fulfill the rights and obligations stipulated in the contract. For the owner, his obligation is to pay the property fee. If the owner does not pay the property fee, then the owner violates the property service contract, which is a breach of contract. 2. The owners should pay the management fees one by one, and settle the case first (because the property company may lose the case because it does not pay the management fees); Then, after collecting strong evidence of improper management of the property company, refer to the property service agreement signed with the property company to see if the property company can not meet the service content agreed in the agreement. If so, you can complain to the real estate department. Of course, you can also negotiate with the property company before deciding whether to complain. The property management fee of 1 may not be paid in the following cases. Because the housing quality problem has not been delivered, the property fee is paid by the developer. 2. The house is rented, and the lease contract indicates that the property fee shall be paid by the tenant. 3. If the property management company fails to perform the service responsibilities stipulated in the contract, all owners may refuse to pay. However, there must be strong evidence. 4. The property management company has not signed a contract with the owner. 5. The service quality provided by the property management company can't meet the standard stipulated in the contract. 6. The property company does not have the original approval document of the price management department. 7. The property management company expands the charging scope and raises the charging standard without authorization. 8. The cost that the property management company increases without the consent of the owner.

legal ground

Article 7 of the Regulations on Property Management: Owners shall perform the following obligations in property management activities: (1) Abide by the management statute and the rules of procedure of the owners' meeting; (two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area; (three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress; (four) in accordance with the relevant provisions of the state to pay special maintenance funds; (five) to pay the property service fee on time; (six) other obligations stipulated by laws and regulations.