Limitation of action for property fees

The limitation of action for property fees is three years.

The statute of limitations for suing the owner for defaulting on property fees is three years.

According to the relevant laws, the limitation of action for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period 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. 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.

When the limitation of action expires, the obligee loses the right to win the lawsuit, not the substantive right. When the limitation of action expires, you can still bring a lawsuit to the court. Because whether the statute of limitations has expired can only be found out through trial.

Legal elements of limitation of action

1, there must be a claim.

The limitation of action urges the claimant to exercise his power, and the existence of the right of claim is the first condition for the limitation to occur. According to the Supreme People's Court's relevant regulations and theories, the limitation of action should only apply to the claim of creditor's rights, not to the claim of real right.

It is a fact that you are lazy to exercise your rights. Being lazy to exercise rights is a wrong state of not exercising rights. Where the obligee is unaware of the existence of his rights, or knows that his rights exist, but cannot exercise his rights, the general limitation period will not start to count.

3. Failure to exercise this right persists within the statutory time limit. The delay in the exercise of rights is in a continuous state, and if there is a person who promises to exercise rights or obligations in the middle, the limitation period is interrupted; When the continuous state reaches the statutory period, it means that the claimed rights cannot be exercised before the time stipulated by law, which is the limitation period.

According to the law, the right extinguished by the expiration of the limitation period is limited to the civil right of "requesting the people's court to protect", that is, when the limitation period expires, the obligee loses the right to win the lawsuit, not the substantive right. When the limitation of action expires, you can still bring a lawsuit to the court. Because whether the statute of limitations has expired can only be found out through trial.

legal ground

Article 188 of the Civil Code

The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period 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. 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.