Job Recruitment Website - Property management - What should I do if I sue the owner for property fees?
What should I do if I sue the owner for property fees?
1. Explain the service content of the property management company in detail, clarify the rights and responsibilities, and judge whether it is reasonable to default on property fees;
2. The property services provided by the property management company do conform to the contract, and you can go to the property to settle the property fee in time;
3. If the property management company fails to provide services as agreed in the contract, the owner can take the time to provide evidence, actively respond to the lawsuit and actively obtain evidence.
First, the process of property suing owners for not paying property fees:
1, the property company shows the list of arrears, the company's qualification certificate, the property management agreement signed between the owner and the developer before, and other materials;
2. The drafting of the complaint requires the signature and seal of the legal representative and the business license of the company;
3. Submit the complaint to the court for trial and pay the prosecution fee;
4. Patiently wait for the court session, and sufficient evidence needs to be prepared during the court session, and the legal representative of the property will appear in court;
5. Wait for the court to pronounce the trial result.
Second, the consequences of default on property fees are as follows:
1, the property will stop providing property services;
2. If the amount of arrears is large, it may be sued by the property company and demanded to pay the property fee;
3. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.
In short, the owner should pay the property fee in time when suing. For those who fail to pay the property fee within the time limit, the service enterprise may bring a lawsuit according to law. Through litigation, once the owner who defaulted on the property fee lost the case, the court supported the property company's claim through judgment. If the judgment is still not fulfilled after it takes effect, the property company may bring a lawsuit to the court or apply for arbitration.
People's Republic of China (PRC) Civil Code
Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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