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Is the property qualified to cut off water and electricity?
1. Is the property eligible for water and electricity cuts?
1. The property management company has no right to cut off water and electricity. The parties to the water supply and power supply contract are the owner and the water supply and power supply company, while the parties to the property management contract are the owner and the property management company, with different legal relationships. The property management company is not a water and electricity supplier in the community, so it naturally has no right to supply water and electricity. According to relevant laws and regulations, property service providers are not allowed to demand payment of property fees by stopping power supply, water supply, heat supply and gas supply. Even if the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider can urge him to pay it within a reasonable time limit. If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
2. Legal basis: Article 944th of the Civil Code of People's Republic of China (PRC).
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.
2. Who will complain about the water and power failure of the property?
1. The property management company has no power to cut off water and electricity, and the power to cut off water and electricity should be in the water supply company and the power supply company. If the property company threatens the owners by stopping water supply and power supply, the owners can report the situation to the relevant water supply companies and power supply companies, or complain to the real estate administrative departments at or above the county level. For property losses directly caused by water and power cuts, they also have the right to bring a lawsuit to the people's court according to law.
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