Job Recruitment Website - Property management - Does the property have the right to lock the business door?

Does the property have the right to lock the business door?

It is generally illegal for shops to be locked by property. The owner can inform the property to unlock and complain about the property at the same time. If the property has no right to lock the door or take other compulsory measures, and the lock-up behavior infringes on the owner's property rights and causes losses to the owner, the property shall make corresponding economic compensation.

A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.

The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

Qualification grade of realty service enterprise:

The qualification grades of property service enterprises are divided into one, two and three levels.

The realty service enterprise shall implement the administrative licensing system in providing services.

1. The competent construction department of the State Council is responsible for the issuance and management of the qualification certificate of the first-class property service enterprise.

2. The competent construction departments of the people's governments of provinces and autonomous regions are responsible for the issuance and management of the qualification certificates of secondary property service enterprises, and the competent real estate departments of the people's governments of municipalities directly under the Central Government are responsible for the issuance and management of the qualification certificates of secondary and tertiary property service enterprises.

3. The real estate administrative department of the Municipal People's Government with districts is responsible for the issuance and management of the qualification certificate of the three-level property service enterprise.

Legal basis:

Regulations of People's Republic of China (PRC) Municipality on Property Management

Article 2 The term "property management" as mentioned in these Regulations refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise carry out maintenance, conservation and management of the house, supporting facilities, equipment and related sites in accordance with the provisions of the property service contract, so as to maintain the environmental sanitation and related order in the property management area.

Seventh owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(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.

People's Republic of China (PRC) Civil Code

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law. Article 950 After the termination of the realty service contract, the original realty service provider shall continue to handle the realty service matters before the new realty service provider selected by the owner or the owners' congress or the owner who decides to manage it by himself takes over, and may require the owner to pay the realty fee for this period.