The elevators in the community are always broken. Can I ask for less property fees?

Article 509 1 and Article 937 of the Civil Code stipulate that after the property service contract comes into effect, the parties shall fully perform their obligations as agreed. Paragraph 1 of Article 942 of the General Principles of Civil Law stipulates that the property 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 property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.

The premise of determining whether the quality of property service is up to standard is to confirm the standard of property service. The main criterion for judging whether the services provided by the realty service enterprise are qualified is the agreement of relevant clauses in the realty service contract. If the property service contract is vague about the property service standard and lacks specific standards to measure it, we can refer to the regulations of relevant government departments to determine the appropriate property service standard.

After defining the standards of property services, and combining the evidence provided by both parties, determine whether the services provided by the property service enterprises meet the standards. If the property service is not up to standard, it can be divided into general defects and major defects according to its severity. The general defect of property service quality refers to that although the property services provided by property service enterprises are not fully up to standard, they are only partial and short-term service delays, which have not yet caused serious consequences. After listening to the opinions of the owner, remedial and rectification measures can be taken in time.

There are serious defects in the quality of property service, which refers to the long-term neglect of service and management by property service enterprises, resulting in serious damage to residential properties or continuous and serious deterioration of environmental sanitation, greening, safety and public order, seriously affecting the normal life of all owners, and refusing to rectify after repeated reports by the owners. There are only general defects in the quality of property service, and the owners can urge the property service enterprises to improve through suggestions or complaints. In this case, the owner's request for less or no property fee is generally not supported.

There are serious defects in the quality of property services, and the people's court shall support them as appropriate if the owners request to reduce or exempt the property fees. If the owner has evidence to prove that the property service does not meet the standards stipulated in the property service contract, the court may, at the request of the owner and in accordance with the provisions of Article 582 of the General Principles of the Civil Law, appropriately reduce or exempt the property service fee that the property service enterprise requires the owner to pay.

The property service contract has the characteristics of integrity, and the quality of property service should be evaluated collectively by all owners. If a single owner refuses to pay the property fee on the grounds that he is not satisfied with the quality of the property service, it will lead to insufficient funds for the property service, which in turn will lead to the deterioration of the service quality and form a vicious circle, which will ultimately harm the interests of all owners. In order to avoid this situation, the owner's defense that the property service is not up to standard or flawed should be carefully examined.