Can the owner sue if the heating in the community is not on time?

Whether the owner can sue if the heating in the residential area is not on time depends on the specific situation.

The community is responsible for heating, and the owners fulfill the obligation to pay. The two sides form a contractual relationship. If there is a heating agreement in the contract, the community needs to fulfill its obligations in accordance with the agreement. If the heating is not timely, it will constitute a breach of contract or failure to perform other obligations. If there is no agreement on heating in the contract, both parties need to negotiate.

According to the General Principles of Civil Law of People's Republic of China (PRC)

Article 106 A citizen or legal person who violates a contract or fails to perform other obligations shall bear civil liability. Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.

Article 107 Where a contract cannot be performed or damage is caused to others due to force majeure, it shall not bear civil liability, unless otherwise provided by law.

Article 111 If one party fails to perform its contractual obligations or fails to meet the agreed conditions, the other party has the right to demand performance or take remedial measures, and has the right to demand compensation for losses.

Extended data:

Heating guarantee

(Basis: Harbin Urban Heating Measures)

Fifty-first establish and improve the heating guarantee mechanism to ensure the heat consumption of users who enjoy the minimum living allowance for urban residents and special groups determined by the relevant departments of the municipal and county (city) people's governments.

Heating security funds into the city, district, county (city) annual budget, earmarked for the payment of household heating costs.

Fifty-second the establishment of heating risk prevention mechanism. City, district and county (city) shall arrange reserve funds in the annual budget to deal with heating emergencies.

City, district and county (city) heating administrative departments shall organize the preparation and implementation of heating emergency plans, and designate heating units with strong professional and technical strength as regional emergency rescue units. When a major sudden heating accident occurs, the heating administrative department has the right to mobilize the emergency rescue unit, and the emergency rescue unit shall not refuse.

Heating units shall formulate and improve their own heating emergency plans, set up emergency rescue teams, equip them with emergency repair facilities and equipment, and do a good job in emergency handling.

Fifty-third the implementation of heating quality assurance system. The heating unit that has obtained the "heating license" shall deposit the heating quality deposit into the bank account designated by the heating administrative department of the city or county (city) in accordance with the standards stipulated by the province.

Fifty-fourth in accordance with the provisions of these measures, the heating unit shall refund the heating fee to the user, and the municipal and county (city) heating administrative department shall pay the heating quality guarantee directly to the user.

In case of the circumstances specified in the preceding paragraph of this article, the heating unit shall make up the heating quality deposit within 30 days.

Fifty-fifth heating units approved to withdraw from the heating market, the city and county (city) heating administrative departments in accordance with the relevant provisions of the return of heating quality margin.

management by supervision

Article 56 A comprehensive credit evaluation system for heating units shall be implemented. City, county (city) heating administrative departments organize relevant departments to make an overall evaluation of the performance of responsibilities and obligations of heating units in heating business activities, and announce the evaluation results to the public.

District heating administrative departments and street offices are responsible for the collection, identification and entry of comprehensive credit information of urban heating units, and the specific evaluation methods shall be implemented in accordance with the relevant provisions of the Municipal People's government.

County (city) people's government may formulate comprehensive credit evaluation methods for heating units within its jurisdiction.

Fifty-seventh relevant administrative departments shall, after discovering illegal acts or receiving reports, deal with them according to law.

Heating units and users shall assist the relevant administrative departments to investigate and cooperate with evidence collection.

Article 58 In case of contradictions and disputes in heating business activities, the parties may apply for mediation, apply for arbitration according to the contract or bring a lawsuit to the people's court according to law.

If the parties apply for mediation, the district and county (city) heating administrative department shall organize relevant units or individuals to coordinate and solve it; Major inter-regional contradictions and disputes in urban areas shall be solved by the municipal heating administrative department.

Baidu Encyclopedia-General Principles of People's Republic of China (PRC) Civil Law

Baidu Encyclopedia-Harbin Urban Heating Measures