What is the legitimate reason for the owner to refuse to pay the property fee?

In the legal relationship of property service contract law, it is the owner's main obligation to pay the property fee, but the relevant legal documents also stipulate that the owner can refuse to pay the property fee for "just reason", so the judgment standard of "just reason" and "just reason" has become the key to solve the property fee dispute in judicial practice. What is the legitimate reason for the owner to refuse to pay the property fee? Below, in order to help you better understand the relevant legal knowledge, Bian Xiao has compiled relevant contents, hoping to help you. What is the legitimate reason for the owner to refuse to pay the property fee? In the case that the realty service enterprise fails to perform the realty service contract or the performance does not conform to the contract, the owner of course has the right to defend and can refuse to pay the realty service enterprise the property fee according to the performance of the contract. According to the realty service contract, the realty service enterprise has the obligation to conduct realty management and provide realty service, and the owner, as the entity party to the realty service contract, has the obligation to pay the realty service agency the realty fee. Therefore, the property service contract is a two-way contract, and both parties enjoy the right of defense in performance given by law. Property users are neither nominal parties nor substantive parties to the property service contract. According to the principle of relativity of contract, there is generally no corresponding right and obligation relationship between property users and property service enterprises, so there is generally no defense of contract performance. However, the reason why the property user undertakes to pay the property fee to the property service enterprise is based on the agreement between the property user and the owner; In essence, the obligation of the property user to pay the property fee should be based on the property service contract concluded with the property service enterprise and the obligation of the owner, but now, the property user promises to fulfill this obligation. Because the property user is fulfilling the obligation of paying the property fee agreed in the property service contract for the owner, based on the principle of consistent rights and obligations, the property user can also exercise the right of defense enjoyed by the owner to the property service enterprise. Therefore, if the realty service enterprise violates the realty service contract, the realty user may exercise the right of defense according to law, and if the conditions for refusing to perform are met, the realty user may refuse to perform the obligation of paying the realty fee. Handling of Charges Disputes Caused by Owners' Reasonable Defense (1) If the property service enterprise fails to fulfill its contractual obligations, resulting in the owners' refusal to pay the fees, the owners' behavior belongs to reasonable defense. At this time, according to the service quality of the property service enterprise, the payment request made by the property service enterprise to the owner should be rejected or the service fee payable by the owner should be appropriately reduced. (2) If the realty service enterprise fails to fully perform its service obligations, resulting in the owners' protest against the refusal to pay the realty service fee, it shall require the realty service enterprise to continue to perform its obligations. If the realty service enterprise does not continue to perform its obligations, the owner may request the realty service enterprise to bear the liability for breach of contract according to the regulations, or request to reduce the realty service fee or return the overcharged realty service fee. (3) If some owners refuse to pay the fees due to unreasonable allocation of public fees, the fees shall be determined on the basis of reasonable allocation of fees by the owners according to relevant regulations. If the owner pays more, the property service enterprise shall return it. (4) The realty service enterprise makes excuses without authorization, expands the charging scope, raises the charging standard, and charges repeatedly, and the owner refuses to pay. In this regard, the owners only need to pay the fees according to the standards agreed by both parties and the standards approved by the price department, and do not support the property service enterprises to charge unreasonable fees. At the same time, it is suggested that the government price supervision department should punish the illegal charging behavior of this enterprise. The owner may refuse to pay the property fee outside the contract. According to the provisions of the Civil Code, the owners shall perform their obligations according to the contents of the contract, that is to say, the standards and scope of the property fees that the owners need to pay shall be determined according to the standards stipulated in the property service contract. For the requirements outside the contract, the owner has no obligation to perform, and the property company has no legitimate reason to charge. If the realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and rules, and arbitrarily expands the charging scope, raises the charging standard or charges repeatedly, the owner may refuse to pay the improperly overcharged part. 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. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes Article 5 If a property service enterprise violates the stipulations of the property service contract or the provisions of laws, regulations and departmental rules, it arbitrarily expands the scope of fees, raises the standard of fees or charges several times, and the owner raises a defense on the grounds of illegal fees, the people's court shall support it. The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them. Article 6 If an owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting 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. If you want to protect your rights and interests through the law, I suggest you consult online and have a professional team of lawyers to answer your questions and protect your rights and interests in a timely and legal manner.

Legal objectivity:

"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law. "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. Article 65 of the Property Management Regulations violates the property service contract, and the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.