Job Recruitment Website - Property management - Who signed the property contract with?
Who signed the property contract with?
1. What is the statute of limitations for six years' arrears of property fees?
1. The statute of limitations for six years' arrears of property fees is three years.
2. The limitation of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it.
3. Where there are other provisions in the law, such 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.
Second, is it legal for the property to collect contract liquidated damages?
1. It is legal for the property to collect contract liquidated damages, but the premise must be that there is such a liability for breach of contract, and the liquidated damages agreed in the property contract are legal. The liability for breach of contract in the Property Contract stipulates that when one party fails to perform its contractual obligations, the other party may require the defaulting party to bear certain liability for breach of contract. If there is no clear liquidated damages in the property contract, the specific liquidated damages can be determined according to the actual losses of the parties. The legal provision of liquidated damages in property contracts is that both parties can freely negotiate to determine the terms of property fees and liquidated damages. Whether the property fee is charged as liquidated damages can be decided by both parties themselves whether it needs to be written into the contract. The liquidated damages shall be determined by both parties through consultation, and the amount is not limited. Liquidated damages are generally determined according to the expected losses caused by one party's breach of contract.
2. If the liquidated damages agreed by one party after breach of contract are "lower" than the actual losses, and the observant party requires the defaulting party to bear the liability for breach of contract, the observant party may bring a lawsuit to the court to request an increase in liquidated damages; If the agreed liquidated damages are "excessively" higher than the actual losses, the defaulting party may bring a lawsuit to the court to reduce the liquidated damages.
3. What are the provisions for property contract fees?
1. If the property service is defective, the property company has no right to ask the owner to bear the liquidated damages for the property fee.
2. The liability to pay liquidated damages only applies to breach of contractual obligations, and can only be applied if the parties have agreed on liquidated damages in the contract or the law stipulates that there is liquidated damages. There is a clear agreement on liquidated damages. There are defects in property services, chaotic property management and serious water leakage in houses. Defective performance is the debtor's active incomplete performance, but it damages the interests of creditors because of the debtor's defective performance, which can be called positive debt violation. If the defect can be corrected, the creditor has the right to refuse to accept it and ask for correction, and does not bear the responsibility for delaying acceptance.
3. Require both parties to the contract to fully perform the contract and perform their respective obligations in strict accordance with the contract requirements. The property contract requires the property company to fully perform the contract, but the property services provided by the property company are flawed, which leads to confusion in property management and serious water leakage in the house. It belongs to the incomplete performance of the contract, and there is no obligation to provide property services when collecting property fees. It is unreasonable to ask the owner to bear liquidated damages. Therefore, for defective property services, as a property company, it has no right to ask the owners to bear liquidated damages.
4. After the property management company provides defective property services, the owners shall bear part of the property fees.
Legal basis:
property management regulations
Twenty-first in the owners' meeting, the owners' meeting to hire a property service enterprise, the construction unit to hire a property service enterprise, it shall sign a written preliminary property service contract.
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