Prosecution of invalid property contracts for several years

The owner signed a property management contract with the property management company, and the two sides formed a contractual relationship. Owners have the obligation to pay property fees and property management companies have the obligation to provide relevant property management services. As long as both parties perform their respective obligations normally, the property company can sue and recover the unpaid property fees at any time according to the amount of property fees owed by the owners, and there is no limit on the maximum number of years.

Legal analysis

According to the provisions of relevant laws and regulations, if the performance period can be determined in the property management contract signed by the property management company and the owner, the limitation period of action shall be calculated from the date when the performance period expires; If the time limit for performance cannot be determined, the limitation period of action shall be counted from the date when the grace period for creditors to require debtors to perform their obligations expires, but if the debtors explicitly indicate that they will not perform their obligations when creditors claim their rights for the first time, the limitation period of action shall be counted from the date when the debtors explicitly indicate that they will not perform their obligations. If there is no agreed time limit for fulfilling the payment obligation, the property company may ask the owner to pay the property fee at any time. The owner signed a property management contract with the property management company, and the two sides formed a contractual relationship. Owners have the obligation to pay property fees and property management companies have the obligation to provide relevant property management services. As long as both parties perform their respective obligations normally, the property company can sue and recover the unpaid property fees at any time according to the amount of property fees owed by the owners, and there is no limit on the maximum number of years.

legal ground

According to the provisions of Article 1 of the Civil Procedure Law of People's Republic of China (PRC), the parties may file a statute of limitations defense against claims, but the people's court will not support the following claims:

(a) the right to pay the principal and interest of the deposit;

(two) the right to claim the principal and interest of treasury bonds, financial bonds and corporate bonds issued to unspecified objects;

(3) the right to claim capital contribution arising from the investment relationship;

(4) Other claims for which the limitation of action is not applicable according to law. Article 4 If there is no prescribed time limit for performance in the contract, the time limit for performance may be determined in accordance with the provisions of Articles 510 and 511 of the General Principles of the Civil Law, and the limitation of action shall be counted from the date when the time limit for performance expires; If the time limit for performance cannot be determined, the limitation period of action shall be counted from the date when the grace period for creditors to require debtors to perform their obligations expires, but if the debtors explicitly indicate that they will not perform their obligations when creditors claim their rights for the first time, the limitation period of action shall be counted from the date when the debtors explicitly indicate that they will not perform their obligations.