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Does the property have the right to cut off electricity if it doesn't pay the electricity bill?
The property company shall not stop using the owner's water and electricity without authorization. It is the water supply and power supply company that can stop using the owner's water and electricity. Only the owner can stop using the water and electricity in arrears or because of special circumstances such as checking the water circuit.
First, the counterparties of the water supply and power supply contract for residential owners are the water supply company and the power supply company. According to the principle of consistency between rights and obligations, users of hydropower have the obligation to pay utilities, while providers of hydropower have the obligation to supply hydropower according to the contract. According to the anti-discrimination principle of contract performance, if the water user fails to fulfill the obligation to pay the water and electricity charges, the water supply and power supplier certainly has the right to cut off the water and electricity.
If the power supply department entrusts a property management company to collect water and electricity charges, the property management company can cut off water and electricity for the owner when the owner defaults on the water and electricity charges.
2. Does the property management company have the right to cut off water and electricity without paying property fees?
The parties to the water supply contract are the owner and the water supply company; The parties to a property management contract are the owner and the property management company, which have different legal relations.
Third, the right to stop water and power supply is an important defense right for water supply and power supply enterprises to perform contracts. The property management company is not a water supply and power supply company in the community, so it naturally does not enjoy the right of water supply and power supply. It is stipulated in the property management contract that the property management company can take water and electricity cut off as a punishment in the case of the owner's arrears, which belongs to other contract terms in the contract law. According to the law, such a clause should be agreed by the obligee, otherwise it is invalid, and the owner can investigate the tort liability of the property management company instead.
Legal basis:
Article 41 of the Regulations on Property Management
The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
Article 44 of the Regulations on Property Management
Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.
Article 65 of the Regulations on Property Management
In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
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