Does the property have the right to sue the owner?

After the owner buys a house in the community, he directly signs a property service management contract with the property company, that is, there is actually a service contract between the property and the owner. If the owner refuses to pay the property fee or does not cooperate with the normal work of the property, can the property sue the owner? Next, I would like to introduce to you the knowledge about whether the property has the right to directly sue the owner and its related aspects, hoping to help you solve the corresponding problems.

After the owner buys a house in the community, he directly signs a property service management contract with the property company, that is, there is actually a service contract between the property and the owner. If the owner refuses to pay the property fee or does not cooperate with the normal work of the property, can the property sue the owner? Next, I would like to introduce to you the knowledge about whether the property has the right to directly sue the owner and its related aspects, hoping to help you solve the corresponding problems.

1. Does the property have the right to directly sue the owner?

Of course. When the owner repossesses the building (if the owner fails to repossess the building due to his own reasons after receiving the notice of repossession, it shall be deemed as repossession on the date of the notice), he shall occupy and use the house and enjoy the property services. The owner and the property management company become both parties to the contract because of the property service contract. 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.

After being urged according to law, if the owner refuses without justifiable reasons or fails to perform the contractual obligations within a reasonable period of urging, the property service enterprise has the right to bring a lawsuit to the court.

If the owner raises a defense opinion that he has not received the reminder, and the property service enterprise cannot submit valid evidence to prove that it has fulfilled the obligation of reminder according to law, the court may dismiss the prosecution according to law. However, after fulfilling the obligation of urging delivery, the realty service enterprise still has the right to file a lawsuit against the owner to fulfill the contract.

There are four kinds of property service contracts: one is the preliminary property service contract signed by the developer and the property service enterprise according to law; Second, the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law; Third, the property service contract signed separately by the owner and the property service enterprise; Fourth, after the expiration of the contract period stipulated in the property service contract, the property service enterprise will continue to provide services for the owners of the community, forming a de facto property service contract relationship.

Second, does the owner have the right to directly sue the property company?

The relationship between the property management company and the owner is a contractual relationship. The owner employs a property management company to repair, maintain and manage the house, supporting facilities, equipment and related sites, and maintain the environmental sanitation and order in the relevant areas. The rights and obligations of both parties are stipulated in the contract. If there is any dispute, it can be solved through legal channels.

When the services provided by the property management enterprise do not conform to the contract, the owner has the right to refuse to pay the property management fee and demand compensation. Therefore, the owner can directly sue the property company.

(a) the owners should be prepared for prosecution, investigation and evidence collection. First of all, one or several people should do a good job of taking photos and videos. In the process of taking photos and videos, the name or personnel of the property management company must be photographed or entered. Sometimes, in order to prove the property company's continuous breach of contract, it is necessary to take photos and videos for several days.

Ask a lawyer about legal relationship. You can consult the law firm about the relevant legal relationship and get an accurate understanding. Set aside some time. Evidence collection and litigation take a lot of time and are very complicated. We should be prepared psychologically and in time.

(2) Write a civil complaint, draft a lawsuit request and list relevant evidence. According to the provisions of Article 109 of the Civil Procedure Law of People's Republic of China (PRC), the prosecution shall submit a complaint to the people's court, and submit a copy according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

3. What is a property service contract?

The realty service contract refers to the service contract signed between the realty service enterprise and the owners' committee, which stipulates that the realty service enterprise shall carry out professional maintenance, conservation, management and maintenance of the environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration.

According to Article 937 of the General Principles of the Civil Law of People's Republic of China (PRC), a property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.

Article 938 stipulates that the contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term and service handover. The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract. The realty service contract shall be in written form.

Article 939 stipulates that the prophase realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

The rights and obligations of the property and the owner are stipulated in the property service contract. The two parties are actually equal parties to the contract, and they can choose legal channels to safeguard their rights and interests. The above is the knowledge I brought to you about the right of the property to directly sue the owner. If in doubt or doubt, you can consult a lawyer.