What are the rights of property and owners respectively?

The house has always been closely linked with the property, and because of the close relationship, the contradiction between the property and the owner has become one of the hot issues in society. In practice, the contradiction between property and owners is generally bilateral. Then, what rights do the property and the owner enjoy respectively in the property service contract? Please follow Bian Xiao to find out.

I. Rights enjoyed by the owners

1 If the property is under any of the following circumstances, and the owners' committee or the owners request to confirm that the contract or the relevant clauses of the contract are invalid, the people's court shall support it:

(1) The entrustment contract in which the realty service enterprise entrusts all realty service businesses in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

2. If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

3. If the realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

4. If the owner requests the realty service enterprise to refund the illegal fees charged by it, the people's court shall support it.

5. After the owners' congress has made a decision to dismiss the realty service enterprise in accordance with relevant legal procedures, the people's court shall support the owners' committee's request to terminate the realty service contract.

6, after the termination of the rights and obligations of the realty service contract, the owners request the realty service enterprise to refund the property fees received in advance, but the realty service has not been provided, the people's court shall support it.

7. After the termination of the rights and obligations of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service place and related facilities, as well as the relevant materials necessary for realty service and the special maintenance funds entrusted by it, the people's court shall support it.

8. If the realty service enterprise refuses to withdraw or hand over and requests the owner to pay the realty fee after the termination of the rights and obligations of the realty service contract on the grounds of the existence of the de facto realty service relationship, the people's court will not support it.

Second, the right of property.

1. The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

2. If the owner violates the realty service contract or the laws, regulations and management regulations, and implements acts that hinder the realty service and management, and the realty service enterprise requests the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and elimination of obstruction, the people's court shall support it.

3. If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. 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.

4. If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

5. If the realty service enterprise claims the property fee from the owners' committee, the people's court shall inform it to claim the right from the owners who are in arrears with the property fee.

In reality, after establishing the property service relationship, both the property owner and the owner need to fulfill their corresponding obligations while enjoying certain rights.