Job Recruitment Website - Property management - Does the property have the right to cut off water and electricity?
Does the property have the right to cut off water and electricity?
The property company is not a party to the power supply contract or water supply contract. Based on the principle of contract relativity, property companies do not enjoy the contractual rights of power suppliers and water suppliers. Therefore, without the authorization of public utilities, owners or judicial administrative organs, property management companies may not cut off power and water supply on the grounds that owners have not paid property fees.
Even if the water and electricity in the community is collected by the property, the owner is only establishing relations with the water conservancy bureau and the power supply bureau at this time; Even if the owner does not pay the property fee, the property has no right to stop water and power without authorization, otherwise it will damage the legitimate rights and interests of the owner, and the property needs to bear the corresponding liability for compensation.
legal ground
People's Republic of China (PRC) Civil Code
Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the realty service area, maintain the basic order of the realty service area, and take reasonable measures to protect the personal and property safety of the owners.
Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them. Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees. Article 465 A lawfully formed contract shall be protected by law.
A legally established contract is legally binding only on the parties, except as otherwise provided by law. Article 648 A power supply contract is a contract in which the power supplier supplies power to the power user and the power user pays the electricity fee.
A power supplier who supplies power to the public shall not refuse the reasonable request of the power user to conclude a contract.
skill
The above answer is only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.
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