How to protect rights when property services are not in place? In 8 cases, you can not pay the property fee.

Strictly speaking, refusing to pay property fees is a breach of contract. No matter how bad the property management is, the owner has to pay the property fee, because the relevant laws stipulate that only the owner has the right to pursue the responsibility of the property after paying the property fee, otherwise he has no right to pursue the responsibility of the property. Then the property service is poor, and the owners meet the rights protection? How to not pay or pay less?

How to protect rights if the service is not in place? In 8 cases, you can not pay the property fee.

First of all, you have to understand. What are the consequences of not paying the property fee?

According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court. In this regard, Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases further stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after written reminders, the people's court shall support the property service enterprise to request the owner to pay the property fee. 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. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.

Under what circumstances can I refuse to pay or pay less?

You don't have to pay if you want: how can you refuse to pay the property fee (not to teach you to cheat);

1. If the payment is not within the payment range of the owner, the visa can be refused. 2. If the service quality is too poor, you can temporarily refuse to carry it. 3. When providing services not agreed or agreed by the owner, the owner has the right to refuse to pay, or not to pay in full: the normal payment of property fees starts from the second month after handover. 70% of the fee can be paid if you have never checked in after receiving the house; After moving in (including house decoration), but not using the house, it is confirmed that the continuous use will not exceed six months, and the property fee will be paid at 70% from the seventh month.

The following circumstances can not pay property management fees.

1. Because the house quality problem is not delivered, the property fee is paid by the developer.

2. Lease the house, and the lease contract indicates that the property fee shall be paid by the tenant.

3. If the property management company fails to perform the service responsibilities of the contract, all owners can refuse to pay, but there must be strong evidence.

4. The property management company has not signed a contract with the owner.

5. The service quality provided by the property management company can't reach the standard agreed in the contract.

6. The property management company does not have the original approval document of the price management department.

7. The property management company expands the charging scope and raises the charging standard without authorization.

8. It is not good for the property company to increase the residential property service charges without the consent of the owners.

How to defend rights?

1. First of all, we should record the time, place and situation of breach of contract in a targeted manner, and keep the corresponding evidence. You can take photos, videos or write down the signature of the other party;

2. Secondly, through negotiation, when the property fee should be paid, you should change from passive to active, take the initiative to negotiate with the property company, tell them what they have done wrong, and make a good record of the negotiation. Once the property company sues for default of property fees, the owner can argue that it is not malicious default.

3. Since the owners' committee has the right to terminate the property service contract, rather than individual owners, the owners should respond to the owners' committee in time. If the owners' committee has not been established, it should actively communicate with the local neighborhood offices and towns, and set up the owners' committee as soon as possible, so as to safeguard rights in the future.

(The above answers were published on 20 16-05-25. Please refer to the current actual purchase policy. )

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