Property infringement owners compensate for losses

First, how to claim compensation for property infringement of owners' rights in the Civil Code?

If the property company infringes the owner's rights and causes losses to the owner, the owner may demand compensation from the property company; If the property company does not compensate, the owner can sue the property.

People's Republic of China (PRC) Civil Code

Article 942 General Obligation of Property Service Providers Property service providers 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.

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 165 The principle of fault liability If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

People's Republic of China (PRC) Civil Procedure Law

Article 3 Scope of application

The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.

Second, property management services are not in place to urge the payment of property management fees.

In practice, the problem of inadequate property management services is still widespread, but in general, owners should not resist by refusing to pay. If they encounter this problem in their lives, they should solve it in the following ways:

1, the owner pays first. Because it is unreasonable and illegal for the owner to refuse to pay the property management fee, the property also has the right to charge the property management fee for providing property services. In this regard, in practice, many owners just walk into a misunderstanding, thinking that they can refuse to pay if the property service is not in place. If they refuse to pay more money, they may be sued by the property.

2. Owners can collect relevant data and evidence of inadequate services of the property management company, and then report to the industry committee, which will come forward to negotiate with the property management company or even dismiss the irresponsible property management company.

3. If the negotiation fails or the service quality of the property management company is not improved, then after collecting the data and evidence that the property service is not in place, you can bring a lawsuit to the court and ask the property management company to bear the liability for breach of contract and claim compensation for the losses caused.

Usually, the property management service is not in place, and it is directly reflected to the other party. If the other party can improve in time, the problem can be solved, so remind the owner not to take the wrong practice of directly refusing to pay the money. In addition, if the property service is not in place, the damage is usually not one household or two households, but the interests of more owners. Therefore, the owners are not fighting alone. This kind of situation is best handled well and generally solved calmly.

From the above analysis, we know that according to the provisions of the Civil Law, if a property service company infringes on the rights and interests of the owners, the property company shall be liable for compensation and compensate the losses according to the actual situation. The owner can ask the property management company for compensation, and if the property management company does not compensate, the owner can sue the property.