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How much property fee is owed to sue the owner?
First, the legal basis for suing for arrears of property fees
Property companies sue owners for defaulting on property fees, mainly on the basis of People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Civil Procedure Law and other relevant laws and regulations. According to these laws, the property service contract signed between the parties is a legally binding contract, and the owner should pay the property service fee in time according to the contract. If the owner defaults on the property fee, the property company has the right to require the owner to fulfill the payment obligation according to law, and even take legal measures to recover it.
Second, the conditions for suing for arrears of property fees.
Although the property company can sue the owner for defaulting on property fees, the prosecution needs to meet certain conditions. First of all, the property management company must be able to provide sufficient evidence to prove that the owners are indeed in arrears with property fees, such as contracts, bills, dunning notices and other documents. Secondly, the property management company needs to ensure that reasonable dunning measures have been taken, such as sending dunning notice to the owner and negotiating with the owner. , but the owner still fails to fulfill the payment obligation. Finally, the property company needs to bring a lawsuit to the people's court with jurisdiction according to law, and provide corresponding evidence materials according to the requirements of the court.
Three, the amount of arrears of property fees prosecution limit
In fact, there is no specific amount requirement for the amount limit of property fee default prosecution. As long as the owner defaults on the property fee, no matter how much he owes, the property company can sue according to law. Of course, in practice, property companies usually decide whether to take legal measures to recover according to the size and actual situation of the amount owed. For small arrears, the property company may first take other ways to make dunning, such as telephone, text message, home visit, etc. However, if the amount of arrears is large or long-term, the property company may choose to solve it through legal channels.
To sum up, there is no specific limit on the amount of property fees owed by property companies to owners. As long as the owner defaults on the property fee, the property company can sue according to law. However, in practice, the property company needs to decide whether to take legal measures to recover according to the amount owed and the actual situation, and ensure that reasonable dunning measures have been taken before prosecution.
Legal basis:
Contract law of the people's Republic of China
Article 107 stipulates:
If one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall continue to perform, take remedial measures or compensate for the losses.
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 stipulates:
The prosecution must meet the following conditions: (1) the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
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