Should the owner delay the property fee and not cut off the water and electricity for the property company?

Property disputes are common, and property fees are the direct fuse of many contradictions between owners and property companies. In judicial practice, the property sued the owner, mainly because the owner owed the property fee; There are many reasons for owners to sue property, people's awareness of rights protection has increased, and the requirements for property services have become higher and higher. But for many property companies, is it "managing according to law" or "fighting violence with violence" to cut off water and electricity without saying a word?

1. What does residential property service generally include?

Article 2 of the Regulations on Property Management stipulates that the term "property management" as mentioned in this Regulation refers to the activities that the owners select property service enterprises, and the owners and the property service enterprises carry out maintenance, conservation and management of houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and related order in the property management area. Generally speaking, property services include the maintenance and management of houses and facilities, the maintenance of public order, cleaning services, greening management, decoration management services and parking management services.

Second, the property company has the right to cut off water and electricity if the owner fails to pay the utilities?

In life, if the owners don't pay the utilities, the property companies will generally take measures to cut off water and electricity. So, is the practice of the property company legal?

Need specific analysis:

(1) If the water supply and power supply company entrusts the property company to collect the water and electricity charges, the property company can take measures to cut off water and electricity in the name of the water supply and power supply company when the owner fails to pay the water and electricity charges.

(2) If the water supply and power supply company does not entrust the property company to collect it, then the property company cannot take measures to cut off water and electricity. If the property is still cut off from water and electricity, causing losses to the owner, the owner can claim compensation from the property company for the losses caused.

3. If the owner fails to pay the property fee, the property company has the right to cut off water and electricity?

If the owner fails to pay the property fee in time, the property company may require the owner to pay and bear certain liquidated damages. But the property company has no right to take measures to cut off water and electricity.

Fourth, the property service is poor, how can the owners protect their rights?

The relationship between the property company and the owner is a property service contract. If the property service is poor, the owners can ask the property to improve the service quality, or they can report to the owners' committee of the community, and the owners' committee will come forward to negotiate with the property company, or ask for the replacement of the property company. Owners can also complain to the local property office; Finally, it can be solved by filing a lawsuit.

It can be seen that just as owners are not allowed to refuse to pay property fees on the grounds of dissatisfaction with property services, property companies are not allowed to take extreme measures to cut off water and electricity because owners are in arrears with property fees. The other party's breach of contract cannot be the reason for its own breach of contract, and the dispute between the owner and the property should be resolved through legal proceedings.

(The above answers were published on 2017-01-17. Please refer to the actual situation for the current purchase policy. )

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