Job Recruitment Website - Property management - Robber's property

Robber's property

The previous property contract has expired, and the owner has not signed a new contract with the property company and cannot refuse to pay the property fee.

Legal analysis

Although the property management enterprise and the owners' committee have not signed a written property service contract, but the owners have actually accepted the property service, the property management enterprise may require the owners to pay the corresponding property service fee. If the two parties have not agreed on the charging standards for property services, the court may refer to the charging standards set by the government or similar charging standards for property services to determine the property service fees that should be paid. Property service contracts are binding on both owners and property companies. If the owner does not pay the fee, the property can sue. On the contrary, if the property terminates the service without authorization, the owner can also file a lawsuit. Moreover, for property companies that stop service without authorization, government management departments can revoke their property management qualifications. Based on the particularity of most owners, most areas of property services are shared by some owners, so as long as property companies provide property services, owners should pay property fees. Try not to default on property fees. Now the default of property fees has been classified as dishonesty, which has been included in the personal credit information system, affecting personal loans.

Personal recommendation

Therefore, when the property contract expires, no matter whether a new contract is signed or not, it cannot be used as a reason to refuse to pay the corresponding property fee. Moreover, in the case that the property provides services and the owner fails to pay the fees, it may be included in the list of untrustworthy people, which will affect personal credit information. Therefore, the quantity should not be in arrears with the property fee.

legal ground

Article 6 of the Civil Law of People's Republic of China (PRC) shall follow the principle of fairness and reasonably determine the rights and obligations of all parties when engaging in civil activities.

"Property management regulations" Article 6 the owner of the house is the owner. Owners enjoy the following rights in property management activities: (1) accepting services provided by property service enterprises in accordance with the provisions of the property service contract; (two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management; (three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress; (four) to participate in the owners' meeting and exercise the right to vote; (five) to elect members of the owners' committee and enjoy the right to be elected; (six) to supervise the work of the owners' committee; (seven) to supervise the realty service enterprise to perform the realty service contract; (eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites; (nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds); (ten) other rights stipulated by laws and regulations.