How do owners claim rights?

The way for owners to claim their rights is: they can negotiate with the property according to the management statute and the property service contract, or they can complain to the property management office of the local real estate administration. If mediation fails, it may be submitted to an arbitration organ for arbitration, or it may bring a lawsuit to the people's court where the property is located.

legal ground

Article 2 of the Arbitration Law

Contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated.

Article 35 of the Regulations on Property Management

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 48

The real estate administrative departments of the local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities.

Article 122 of the Civil Procedure Law

Where mediation is applied to a civil dispute brought by a party to a people's court, mediation shall be conducted first, unless the party refuses to mediate.