Job Recruitment Website - Property management - What should I do if the property causes losses to the owner
What should I do if the property causes losses to the owner
1. If the property service enterprise or personnel mismanage and cause losses to the owner, it shall be liable for compensation in accordance with the contract.
2. If there is a causal relationship between the owner's property loss and the property dereliction of duty, the property company shall bear the liability for breach of contract.
Property liability and compensation:
1. Property service contract: The legal relationship between the property company and the owner is usually based on the property service contract, which will specify the service scope and responsibilities of the property company;
2. Property service standards: Property companies shall abide by national and local property service standards, which stipulate the quality and safety requirements of property services;
3. Compensation for losses: When the property management company's behavior leads to the property loss of the owner, the owner may require the property management company to make compensation according to the contract or relevant laws and regulations;
4. Complaint channel: the owner can complain through the property management department, consumer association or legal channels, and ask the property company to bear corresponding responsibilities;
5. Mediation and arbitration: disputes between owners and property management companies can be resolved through mediation or arbitration, which is usually a shortcut to resolve disputes;
6. Legal proceedings: When other solutions are ineffective, the owner can bring a lawsuit to the court to safeguard his legitimate rights and interests through judicial channels.
To sum up, when the poor management of the property service enterprise or personnel leads to the property loss of the owner, the property company shall bear the corresponding compensation or liability for breach of contract according to the contract and causality.
Legal basis:
property management regulations
Article 57
In violation of the provisions of this Ordinance, if the construction unit arbitrarily disposes of the ownership or use right of the property parts, facilities and equipment belonging to the owners, the real estate administrative department of the local people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 59
In violation of the provisions of this Ordinance, if a realty service enterprise entrusts all the realty management within a realty management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 36
The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty 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.
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