Job Recruitment Website - Property management - I was sued by the property. Does it affect me?
I was sued by the property. Does it affect me?
Mainly looking for property communication and coordination. After the coordination is completed, it will not have any impact on your life and work. But we must not intensify contradictions and solve problems normally, so that neither side will cause influence or loss.
According to the relevant provisions of the property, the owner shall pay the property service fee in accordance with the property service contract. In violation of the property service contract, the property management enterprise fails to pay the property service fee within the time limit or refuses to pay the property service fee without justifiable reasons, and the owners' committee has the right to urge it to pay within a time limit. If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court. 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. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.
The court supported the property company to collect late fees according to the contract. If there is a penalty clause in the property contract, it shall be implemented according to the contract. If there is no agreement or unclear agreement in the property contract, it can be paid according to the bank loan interest for the same period. When there is sky-high liquidated damages or too low liquidated damages, the parties may request adjustment through legal means. As for the place where the property is not in place, I suggest you use a camera, mobile phone, etc. Collect evidence in an emergency. It is a basic contractual obligation of the owner to pay the property management fee according to the agreement, and it is a breach of contract not to pay the property management fee without sufficient defense reasons. However, the owner may refuse to pay the property fee under the following circumstances:
1, the service quality provided by the property management company can't meet the standards agreed in the contract;
2, the property company without authorization to expand the scope of charges, raise fees, repeated charges;
3. The property management company increases the charging items without the consent of the owner. If the services provided by the property management company fail to meet the standards stipulated in the contract, the service quality is not in place.
There is a problem that the service quality does not match the charging price. Obviously, the property company is in breach of contract at this time. Owners can directly negotiate with the property company through the owners' committee, and even hire other property companies to manage the community according to the contract.
Article 109 of the Civil Procedure Law of People's Republic of China (PRC) * * * The people's court may summon a defendant who must appear in court and refuses to appear in court without justifiable reasons after two summonses.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
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