Job Recruitment Website - Property management - The property is always shut down. What should our owners do? Please use legal channels to solve it! thank you
The property is always shut down. What should our owners do? Please use legal channels to solve it! thank you
Legal analysis
The direct administrative department of the property management company is the local real estate administrative department, such as the local housing authority; If you want to complain about the property company, go to the local real estate administrative department; If the complaint fails, it can be solved through legal channels and court proceedings, and usually the lawsuit can win. The property company has no right to stop the owner's water and electricity; Only when users break the law can the power department cut off power. The process of court prosecution is: 1. When a party brings a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be indicated; If the party is a unit, it shall specify the name, address, legal representative or person in charge of the unit; 2. According to the principle of "who advocates who gives evidence", the plaintiff should submit the corresponding materials when suing the court; 3. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance; 5. After filing the case, the court will arrange a hearing. How to bear the litigation costs: the acceptance fee shall be paid in advance by the plaintiff. If the defendant files a counterclaim, the case acceptance fee shall be calculated according to the counterclaim amount or price, which shall be paid by the defendant in advance. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption. Whether to postpone, reduce or give up shall be examined and decided by the people's court. After the case is concluded, the people's court shall notify me in writing of the detailed list of litigation expenses and the amount that the parties should bear. At the same time, in the judgment, ruling or mediation, the litigation costs that each party should bear are stated. The parties shall settle the litigation expenses with the people's court on the basis of the receipt of payment and the judgment, ruling or mediation, and refund more and make up less.
legal ground
"Property Management Regulations" Article 44 In the property management area, water supply, power supply, gas supply, heating, communication, cable television and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.
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