It has been three years since the property management company moved out, and now it will come back to sue the property management fee in arrears. Can it be established?

Before the prosecution, the property fee owed by the property company has not been established for three years, and the limitation of action for property fee is three years. The limitation of action means that the obligee whose civil rights have been infringed fails to exercise his rights within the statutory limitation period, and after the expiration of the limitation period, his right to public relief is extinguished. After the limitation of action ends, the obligee will lose the right to win the case.

Legal analysis

The property signs a service contract with the owner, and the property provides services for daily maintenance, repair and transformation of houses, buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment in the residential area, and the owner needs to pay the corresponding property fees. Property service charges should follow the principles of reasonableness, openness, and adaptability between charges and service levels, and indicate the service items and charging standards. Owners can accept the services provided by the realty service enterprise according to the stipulations of the realty service contract, and supervise the management and use of the special maintenance funds for the property parts and facilities, and the corresponding owners are obliged to pay the realty service fee on time. If the realty service enterprise fails to fulfill the stipulations of the realty service contract and causes damage to the owner, it shall bear corresponding legal responsibilities according to law. If the owner fails to pay the property fee, the property may not provide corresponding property services. If the owner still fails to pay after repeated collection, the property company may make a decision to sue the owner and ask him to pay the property fee and bear the late payment fee and liquidated damages for the property fee.

legal ground

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee. Property service providers include property service enterprises and other managers.

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.