What should I do if I refuse to pay the property fee because of my inaction and sue me?

If the property company refuses to pay the property fee and sue the owner because of the inaction of the property, the best way is to pay the property fee first. If I think that the property is not acting, I should put forward the aspect of inaction to the property, but this cannot be used as a reason to refuse to pay the property fee. If the property management company fails to perform the relevant service responsibilities in the contract or the service quality it provides is not up to standard, it can not pay the property fee, which will generally be supported by the court.

Legal analysis

According to the contents of relevant national laws and regulations, we can know that the relationship between the owners of residential quarters and property service enterprises is a kind of property service contract relationship. If the realty service enterprise fails to strictly perform in accordance with the relevant contract, the owner can fully investigate the liability for breach of contract according to laws and regulations, and ask the other party to continue to perform and compensate the corresponding losses. If the realty service enterprise is unqualified in terms of service quality, it is usually a general breach of contract rather than no performance at all. Therefore, the owner cannot refuse to pay the property fee on this ground, which is a very wrong way to exercise the right of defense. If the owner thinks that the property company does not act or does not act enough, the owner can first report it to the owners' Committee. Through consultation and communication between the industry committee and the realty service company, supervise and inspect the realty service company to earnestly perform the realty service contract; Secondly, you can choose to hold an owners' meeting, dismiss the existing property service company and hire a new one. Finally, if the service quality of the realty service enterprise fails to meet the contract, the owner can sue the court for breach of contract and ask the other party to bear the liability for breach of contract.

legal ground

"Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of the property service contract. 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. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.