Job Recruitment Website - Property management - How long does it take to pay the property fee? Property can be sued.
How long does it take to pay the property fee? Property can be sued.
As long as the payment time of the property fee agreed between the owner and the property is exceeded, the owner still fails to pay the property fee after the property is called, and the owner can apply for prosecution. During the period when the owner defaults on the property fee, the late payment fee will continue to be generated. According to the provisions of China's civil law, the statute of limitations for suing owners for defaulting on property management fees is three years, so the property can bring a lawsuit against the owners for defaulting on property management fees within three years. Whether and how many owners will be prosecuted for defaulting on property fees depends on how the property deals with such arrears. Some properties will choose the way of negotiation and mediation, and some properties may file a lawsuit in the face of breach of contract, which is just a different way to solve the problem. According to the relevant laws of our country, litigants enjoy equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights. In the face of arrears in property fees, the property has the right to file a civil lawsuit. After all, the lawsuit of unpaid property fees is a civil dispute, and the court can mediate. As long as the defendant agrees to pay the property fee owed immediately in court, the judge will do the plaintiff's job and let the plaintiff withdraw the lawsuit. If the defendant has difficulties in life, the judge will make a conciliation statement and pay the property fees owed by installments. If the defendant does not obey the mediation, then the judge can only fully support the plaintiff's claim.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 17 The basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law.
Article 18 The Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:
(1) Major foreign-related cases; (two) cases that have a significant impact in the region; (3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.
Derivative problem:
Which department owns the property and how to complain?
1. Complain about the property to the property management office of the local real estate administration. 2. Try not to take the form of oral complaints and submit them in writing. Pay attention to the property management agreement signed with the property company before submission, and provide sufficient and complete evidence. The local people's governments at or above the county level and their real estate administrative departments shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities.
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