Job Recruitment Website - Property management - It is illegal for the owner not to pay the property fee if the property is not up to standard. How can we protect the legitimate rights and interests of owners?
It is illegal for the owner not to pay the property fee if the property is not up to standard. How can we protect the legitimate rights and interests of owners?
First of all, you should have enough evidence to prove that the property is not up to standard, and the court will rule according to the evidence.
Secondly, the evidence you collect must be evidence to prove the violation of the contents of the property service contract.
Thirdly, you should try to collect evidence that public services are not up to standard, because this part of evidence is easy to collect, such as photos of parked vehicles blocking fire exits, untimely garbage cleaning, and public facilities failure.
What's more, the evidence you collect must have certain continuity, because only one or two days of photo evidence can't prove that the service is not up to standard for a long time, and the court will not decide to reduce the property fee based on the evidence of these two days. It must collect as much evidence as possible to form a chain of evidence, so that the court can determine that the service is not up to standard for a long time, and then decide the owner to reduce the corresponding property fee according to the evidence.
Finally, there is evidence that the service provided by the property to your home is not up to standard. The reason why this part of evidence was collected at last is because it is not easy to collect, because the property management company does not issue a maintenance certificate to the owner, that is, you can't get the certificate that you have reported to the property management company for repairs that need maintenance, and you can't prove that the faulty property you have reported for repairs has not provided corresponding services for your family. Even if you have evidence that your house needs maintenance, there is no evidence that your house has been reported to a property management company for maintenance. Property management companies often argue in court that they don't know about the problems of your house.
In short, in order to protect the legitimate rights and interests of the owners, we must pay attention to regularly collecting and preserving substandard evidence, and it is best to find some websites that can keep the photos uploaded by the owners for a long time, so as to fix the evidence in time. For example, Focus Real Estate website has sub-stations all over the country, and each community has set up a corresponding owners' forum. Owners can immediately upload photos of all kinds of evidence to the forum, so as to fix the evidence in time. When the owners sue the property company for substandard services, they can always use these photos and this website as evidence. The owner's forum of the focus real estate website has a particularly good advantage, that is, it can save the photos uploaded by the owners all the year round, unlike the owner's forum of some websites.
In addition, if the owner doesn't want to sue for substandard property services, if the owner has sufficient evidence to prove that the property services are substandard for a long time, he can also make a defense by refusing to pay the property fees. The basis is Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes (Fa Shi [2009] No.8): "If the owner refuses to pay the property without justifiable reasons or within a reasonable period after being urged in writing, The property service enterprise has provided services in accordance with the contract and relevant regulations. If the owner only fails to enjoy or does not need to accept the relevant property services as a defense, the people's court will not support it. " Clearly put forward that the owner refuses to pay the property fee without justifiable reasons, the people's court shall support it. In judicial practice, many courts believe that owners should exercise their right of defense in accordance with the law if they refuse to pay property fees for justified reasons. In this case, the court will generally judge the owners to reduce the corresponding property fees because of the defects in property services.
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