Job Recruitment Website - Property management - Should the lessee or the owner be prosecuted for defaulting on property fees?

Should the lessee or the owner be prosecuted for defaulting on property fees?

Defaulted property fees can be sued to the lessee or the owner. Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Property Service Disputes (revised in 2020) stipulates that "the people's court may handle property service disputes caused by the lessee, borrower or other property users' violation of property service contracts and laws, regulations or management conventions with reference to the provisions of relevant owners." At the same time, Article 41 of the Property Management Regulations also clearly stipulates that the owner shall pay the property service fee in accordance with the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

What should I do if I am sued for defaulting on property fees?

Don't worry too much about being sued for defaulting on property fees. Don't take the form of escape. You must actively cooperate, tell the truth, and then be prepared to pay the property fee, because the property fee is the obligation of every owner.

1, you can't hide, because even if you don't go to court, the court can still make a judgment by default. If you refuse to pay the property fee by default, the court can enforce it. I suggest that you actively respond to the lawsuit and truthfully report the situation to the judges in order to win their understanding.

2. Prepare to pay the property fee. The possibility of losing the case is still relatively large. I suggest consulting a local professional lawyer to see what the chances are of winning the case. If the odds are not great, you can also apply for withdrawing the lawsuit and pay the property fee. As for the losses caused by poor property management, you can also sue the court and ask the court to make a judgment according to law to recover your losses.