Is it legal not to pay the property fee or take the elevator?

It is illegal to refuse to take the elevator without paying the property fee, which infringes on the property right of the owner, who enjoys the right to use the exclusive part of his building. If the owner defaults on the property fee, the property management company can protect its rights and interests through dunning or legal proceedings, but it can't dunning the property fee through illegal acts such as refusing to take the elevator or cutting off water and electricity.

Legal analysis

If the property is not allowed to take the elevator because of the property fee, the owner can file a civil lawsuit and ask the property to stop the infringement. If there is a legitimate reason not to pay the property fee, you can provide corresponding evidence. Those who refuse to pay the property fee without justifiable reasons need to settle the property fee in time after the court decision. The property signs a service contract with the owner, and the property provides services for daily maintenance, repair and transformation of houses, buildings, equipment and public facilities in the residential area. Owners can accept the services provided by property service companies, supervise the management and use of property parts, and the corresponding owners are obliged to pay property service fees on time. If the realty service enterprise fails to fulfill the stipulations of the realty service contract and causes damage to the owner, it shall bear corresponding legal responsibilities according to law. If the owner fails to pay the property fee, the property may not provide corresponding property services. If the owner still fails to pay after repeated collection, the property company may make a decision to sue the owner and ask him to pay the property fee and bear the late payment fee and liquidated damages for the property fee.

legal ground

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee. Property service providers include property service enterprises and other managers.

Article 944 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.