Restrictions on not paying property fees in property litigation

1. The general statute of limitations applies to the statute of limitations for property fees, and the statute of limitations is 3 years.

Prescription refers to a legal system in which a certain factual state lasts for a certain period of time and produces certain legal effect. Prescription is a kind of prescription, but unlike the general prescription, prescription is legal. From the perspective of applicable rights and legal effects, it can be divided into acquisition prescription and extinction prescription. Acquisition prescription, also called possession prescription, is a kind of prescription applicable to real right, which is not stipulated in our law. Limitation of action, also known as extinctive prescription, is a restriction on creditors to exercise their rights until their public relief rights are extinguished within the statutory period. The limitation of action stipulated in the General Principles of the Civil Law and other civil legal norms in China belongs to the limitation of action.

1. If the owner is in arrears with the property fee and refuses to pay it after being urged by the property, the property may sue the owner for paying the property fee and overdue interest on the grounds of property service contract disputes. There is no six-month statute of limitations in law, and the statute of limitations is three years;

2. If the owner thinks that the service of the property management company is poor and can't meet the relevant requirements, if there is evidence, he can generally reduce the property management fee as appropriate, but can't refuse to pay the property management fee. If negotiation fails, it can be determined through litigation. 3. Generally speaking, even if the owner is in arrears with the property fee, the property company can defend its rights, but it cannot take lowering the service quality and service standard as a defense. There is no legal basis. If the property company does this, it is a breach of contract by the property company.

Second, how will the property fee dispute case be judged?

1. If the owner refuses to pay the fee unreasonably, he shall be ordered to pay the property management fee in accordance with the provisions of the contract, and bear the liability for breach of contract for late payment.

2. If the owner refuses to house for his own reasons and asks for a reduction or exemption of the property management fee on this ground, it is generally not supported.

3. If the service quality provided by the property management company fails to meet the contract, the property management company refuses to pay the fees, which belongs to the property management company's default first, and the owner's refusal to pay the property management fees belongs to the act of exercising the right of defense in the performance of the contract, which is a means of self-relief adopted according to law. In this case, according to the quality of service provided by the property management company, the property management company can decide to reject the lawsuit requesting the owner to pay the property management fee, or decide to reduce the property management fee of the owner, but the maintenance fee payable is not limited.

4. For disputes caused by owners' refusal to pay fees due to unreasonable allocation of public fees, relevant owners shall be ordered to pay their share of property management fees and maintenance fees in accordance with the relevant provisions of the competent government departments and on the basis of reasonably determining the expenses that owners should share.

5. If the property management company arbitrarily expands the charging scope, raises the charging standard and charges repeatedly, and the owner refuses to pay it, it is determined that the owner pays the property management fee according to the standard approved by the price department, and refuses the unreasonable part of the service charges increased by the property management company without the owner's consent. At the same time, it is suggested that the government price supervision and management organ should punish the property management company for illegal charges.

6. How to deal with the dispute caused by the failure of both parties to sign a written property management contract? Because there is no property contract, there is no written agreement between the two parties to determine their rights and obligations. In the lawsuit, the owner will use this as a defense and refuse to pay the property management fee. We believe that although the two parties have not signed a written property management contract, the owners actually enjoy property management services and benefit from them, and a de facto property management relationship has been formed between the owners and the property management company. The court may, according to the principles of fairness, reasonableness, honesty and credit, refer to the charging standards set by the government or similar property service items, and judge the owners to pay the corresponding property service fees.

Litigation is a way for both parties to defend their rights, but first, both parties can solve the problem through consultation. If the owner and the property can't solve the problem further through consultation, then both parties can only take litigation and safeguard their rights and interests through legal means.

legal ground

People's Republic of China (PRC) Civil Code

Article 188 The limitation of action for requesting the people's court to protect civil rights shall be 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.

Article 282 The income obtained by the construction unit, the realty service enterprise or other managers from the * * * part of the owner, after deducting reasonable expenses, shall be owned by the owner.