Job Recruitment Website - Property management - The owner's home was stolen and asked the property company to compensate for the stolen property. So should the property company compensate?
The owner's home was stolen and asked the property company to compensate for the stolen property. So should the property company compensate?
1. If the property management company fails to fulfill its security obligations, for example, there is no security monitoring equipment and no identity check for people entering the community, it will be liable for compensation;
2. If the property management company has fulfilled its security obligations and the property management company is not at fault for the theft of the owner's home, it will not be liable for compensation.
3. Legal basis: Article 942 of People's Republic of China (PRC) Civil Code: General obligations 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.
Second, the community is always stolen. Can I not pay the property fee?
In fact, if the community is always stolen, it may be related to the poor property management, but the owner's refusal to pay the property fee will be considered illegal. If the owner really adopts this method, then this problem cannot be fundamentally solved.
In practice, in this case, the owner should also pay the property fee and take the following measures:
1, looking for feedback from industry committee.
If the community is often stolen, it means that the property has not done a good job in the security of the community, and the owner can give feedback to the industry Committee and ask the property to rectify.
In practice, it is always found that the community is always stolen. The best way is to find feedback from the industry Committee and let it solve. This is generally the wisest thing to do. Don't rebel against the property by not paying the property fee.
2. Dissolve the property management company
If after feedback, it is found that there is still no obvious improvement after rectification, then the industry Committee may dismiss the property management company and re-select a qualified property company. In fact, the continuous theft of the community shows that the property capacity really needs to be considered. If we can't solve it after some efforts, then we have to let them leave and try another property.
3. Bring a lawsuit to the court
If there is no industry committee in the community, some communities are not that big, or there is no industry committee at all in the community, then only the owners will unite and demand property rectification, compensation for losses and even termination of the property management contract through litigation.
Therefore, in the case of frequent theft in residential areas, we should choose other reasonable and legal ways to safeguard our rights and interests instead of paying property fees.
According to the provisions of the Civil Law, whether a property company should bear the responsibility for the theft of the owner's house depends on the actual situation. Those who have fulfilled their security obligations will not be liable for compensation. Those who fail to fulfill their security obligations shall be liable for compensation. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.
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