Can I refuse to pay the property fee if the house leaks rain?

If the house leaks rain, you can't refuse to pay the property fee.

1. The relationship between the developer and you is a sales contract. Whether the house leaks rain is maintained by the property company should be treated differently according to different situations:

1. If it is within the warranty period of the developer, it should be repaired by the developer.

2. During the warranty period, it can be divided into two situations:

1), if the balcony leakage is caused by external cracks, that is, due to public parts, it should belong to the category of external walls that the property management company is responsible for maintaining, unless otherwise agreed in the property management service contract;

2) If the balcony leaks due to improper use of the owner's own parts or improper waterproofing, the owner shall bear the responsibility.

If it is indeed a housing quality problem, the developer should bear the responsibility for breach of contract.

Second, there is a service contract relationship between the owner and the property management company.

According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after written reminders, the people's court shall support the property service enterprise's request for the owner to pay the property fee.

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. If the property management company fulfills its obligations as promised, and you don't pay the property management fee, then you constitute a breach of contract. Accordingly, you should choose a legal, positive and effective way to solve the housing quality problem, and pay the property fee on time.

Extended data:

Because the roof leaked and refused to pay the property fee, the owner was taken to court.

Mr. Mu, a resident of Gate 3 of Building B 14 of Changchun Bus Factory, received a court summons. He was sued by the property for refusing to pay the property fee. Mr. Mu felt wronged. The house has been leaking for three years and has been repaired for three years. I don't think the property service is in place. Why do you have to pay?

The reporter then contacted the residential property-Changchun Changke Jiashun Property Management Co., Ltd. Director Yang of the company said that Mr. Mu's house did leak rain in 2005, and they also saw traces of leaking rain in the owner's home. The property has been repaired four times before and after, and now the house is watertight, but the owner still refuses to pay the property fee, which is unreasonable and must be defended.

Director Yang said that the owner suggested painting the roof of the house black, and the walls & ldquo Bloom &; rdquo； , floor cracking, etc. Need a property to maintain, which property can't do it. Because the property is only responsible for the maintenance of the house, the owner's home belongs to his own part, and the property can be maintained, but it is a paid service.

Phoenix. Com- the owner was sued for refusing to pay the property fee because of leaking roof.