Limitation of action for owners to sue property

The limitation of action for property disputes is generally three years, even from the date when the owner knows that his rights have been damaged. It should be noted that the people's court will not protect it for more than 20 years, except in special circumstances. In recent years, property disputes abound, and it is the best choice for both sides to understand each other as much as possible and finally solve the problem.

1. How long is the statute of limitations for real estate disputes?

The limitation period for property disputes is three years, counting from the day when the obligee knows or should know that his rights have been damaged. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

Two. Suspension, interruption and extension of limitation of action

1. Suspension of the limitation of action.

During the last six months of the limitation period, due to force majeure; A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency; No heir or estate manager has been determined after the beginning of inheritance; Creditors are controlled by debtors or others; If other obstacles prevent the obligee from exercising his right of claim, the limitation of action shall be suspended. The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.

2. The limitation of action is interrupted.

The limitation of action is interrupted by the institution of a lawsuit, the request of one party or the agreement to perform the obligation. From the time of interruption, the limitation period of action shall be recalculated.

If a request is made to the owner in the above way and the limitation of action is interrupted, the limitation of action for the property management fee will be recalculated for 3 years.

3. Which department should I turn to for property disputes?

Property belongs to the management of the real estate department, and you can complain to the real estate department if you have any opinions on the property. It can also be handled through community coordination.

There are five channels to reflect the unreasonable charges of property companies:

1. Complain to the Price Bureau. The early property charges must be approved by the price bureau, which has the right and obligation to supervise the property company.

2. Complain to the Housing Authority that the Housing Authority is the industry management department of the property company and has the obligation to deal with the violations of the property company;

3. complain to the consumer association;

4. bring a lawsuit to the court;

5, the establishment of the owners' meeting, you can reflect to the owners' meeting.

According to Article 4 1 of the Property Management Regulations, property service charges should follow the principles of reasonableness, openness, and adaptation of charges to service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

In this regard, Article 5 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 further stipulates that if a property service enterprise violates the provisions of the property service contract or laws, regulations and departmental rules, it arbitrarily expands the scope of fees, raises the standard of fees or charges repeatedly, and the owner raises a defense on the grounds of illegal fees, the people's court shall support it. If the owner requests the realty service enterprise to refund the illegal fees it has collected, the people's court shall support it. Therefore, if the property management company charges in violation of regulations, the owner can raise a defense and refuse to pay.

If the owners think that the property charges are unreasonable, they can report to the property company through the owners' committee, so that the property company can come up with a reasonable charging standard. If the property management company can't come up with a reasonable basis for charging, the owner has the right to refuse to pay. In line with the property fee standards and laws and regulations, the owners should pay in time. If the property fee is not paid for a long time, the property will sue the owners who have not paid the fee, and the result of the prosecution is to make up the property fee. Under normal circumstances, even if the property itself is not in place, in order to protect the property and prevent other communities from following suit, the law will tend to the property side. As for the place where the property is not in place, it is recommended that the owner leave time and evidence with his camera and mobile phone in case of emergency.

In present life, property disputes are becoming more and more common. There are disputes between owners and property management companies on property fees, property services, property management and other issues, and the solutions are different. Both parties can negotiate on their own first. If the negotiation fails, they can complain to the real estate department. If no one handles the complaint, they can bring a lawsuit to the court in advance. Of course, it is best to negotiate.