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Does the property have the right to cut off water and electricity without paying the property fee?
Property that does not pay property fees has no right to cut off water and electricity. China explicitly prohibits property companies from stopping power supply, water supply, heat supply and gas supply in the form of law to urge property fees. Article 944 of the Civil Code stipulates that 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. Due to the arrears of property fees by the owners, the property service enterprises shall sue the owners within three years, and the specific time for prosecution shall be decided by the property service enterprises themselves. Under normal circumstances, after the owners are found to be in arrears with the property, the property service enterprises will issue a written notice to the owners, asking them to pay the property fees. If the owner fails to pay the property fee within the notice period, the property service enterprise will sue the owner. Generally, it will not take more than one year from the time when the owner defaults on the property fee to the time when the property service enterprise sues the owner. "Property Management Regulations" Article 64 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. Regarding whether there is a late fee for defaulting on property fees, it mainly depends on whether there is an agreement in the property service contract signed by the property company and the owner. If there is an agreement, you have to pay a late fee. If there is no agreement, there will be no such thing. Moreover, according to the law, if the liquidated damages exceed 30% of the loss, the breaching party may request to reduce the amount.
Legal objectivity:
Article 944 of the Civil Code of People's Republic of China (PRC), 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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