How do owners defend their rights in property contract disputes?

With the enhancement of citizens' legal awareness and evidence awareness, there are more and more reasons for owners to exercise their right of defense on whether to pay property fees and how to pay them. Then, in the case of property service contract disputes, how can the owners properly put forward their own defense opinions? Let's have a look. With the enhancement of citizens' legal awareness and evidence awareness, there are more and more reasons for owners to exercise their right of defense on whether to pay property fees and how to pay them. But it seems that they are all based on the defense opinions put forward by the property service contract. Some owners finally got the support of the court, and some cases ended in the owners losing the case. Then, in the case of property service contract disputes, how can the owners properly put forward their own defense opinions? Let's have a look.

1. The owner defends on the grounds that he does not enjoy or need to accept the relevant property services.

According to Article 6 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes (hereinafter referred to as the Judicial Interpretation of Property Service Disputes):

Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

If the owner proposes that the property service provider unilaterally stops the service, it needs to submit corresponding evidence to the court to prove it. If there is no evidence, you can't get court support just because you don't enjoy the service.

Two, the owner to the construction unit has not delivered the house as a defense.

According to Article 1 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings (hereinafter referred to as Interpretation of Differentiated Ownership of Buildings), a person who has obtained the ownership of the exclusive part of the building or legally occupied the exclusive part of the building based on the commercial housing sales contract with the construction unit, but has not registered the ownership according to law, can be identified as the owner.

Therefore, there are two kinds of owner qualifications:

1, based on the commercial housing sales contract, the owner actually controls and controls the exclusive part, which is the legal possession of this part. In the absence of special agreement, the buyer's possession of the exclusive part can be realized through the delivery behavior of the construction unit. According to the trading habits in China's judicial practice, the delivery behavior is not completed until the developer delivers the house key or the buyer signs the delivery notice. At this time, whether or not to register the property rights of the house, it is regarded as the owner of the community.

2. If you have gone through the formalities of housing property registration, you will have the ownership of the house, and you will be qualified as the owner of the house regardless of whether you receive the house key or not.

Three, the owner of the property services companies in violation of maintenance obligations as a defense.

The maintenance obligation mainly comes from the contract, and the generally agreed maintenance scope includes the public facilities of the house itself, excluding the maintenance of the indoor part; In the case that the scope of maintenance is not clear, according to Articles 2 and 3 of the Interpretation of Differentiated Ownership of Buildings, the maintenance responsibility of the * * * part of the building shall be borne by the property service enterprise, and the owner shall be responsible for the maintenance of the exclusive part.

According to the provisions of Article 3 of the judicial interpretation of property service disputes, property service enterprises shall bear corresponding liabilities for breach of contract if they violate their maintenance obligations. If the owner can provide evidence to prove that the behavior complained by the property service provider violates the maintenance obligations in the property management convention, he can support the owner to exercise the right of defense according to the contract. But the owner needs to avoid it? As long as there is a problem with the residential property, find a property service company? Thinking.

Regarding the subject of maintenance obligation, it should be analyzed concretely: if the residential property is within the warranty period and warranty scope stipulated by the state, the construction unit shall undertake the warranty obligation of the property; After the expiration of the warranty period, the owner of the exclusive part shall bear the obligation of maintenance, and the property service enterprise may also provide paid maintenance services to the owner; There are some public facilities and equipment in this community, and the property service enterprise shall undertake the obligation of maintenance. Property service enterprises can use the residential special maintenance funds in this community when performing their obligations.

Four, the owner to the property service enterprise fails to fulfill the obligation of security caused by the owner's property losses as a defense.

The owner needs to prove that the property service enterprise has violated the security obligations stipulated in the contract or the law, and this behavior has caused property losses to the owner, and there is a causal relationship between the breach of contract and property losses. The security obligation of property service enterprises stems from the relevant provisions of laws and contracts.

The statutory security obligation is mainly the obligation of property service enterprises to stop violations of residential safety management and to help prevent residential safety problems as stipulated in local property management regulations. The owner may bring a lawsuit for breach of contract according to the agreement of the property service contract, or bring a lawsuit for infringement according to the relevant provisions of the law. When a property service enterprise fails to perform its security obligations, it exercises the right to recover the property fees from the owners, and the owners can make a defense on the grounds of failing to perform their security obligations.

The main reasons are: did you fail to fulfill your security obligations? It is an incomplete performance of contractual obligations, which is a breach of contract; However, this kind of behavior is not a fundamental breach of contract, and the court will reduce the property fee according to the scope of safety responsibility and the specific losses of the owner when it finally finds out. However, the definition of this defense is based on the duty of care of good managers to define the security obligation. Because expanding the scope of obligations at will aggravate the responsibility of property service enterprises and deepen the contradiction between the two sides of the property service relationship.