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How to sue the property owner?
Confirmed to be sued by the property, and received court summons and notice of responding to the lawsuit. First of all, take out the property service management contract, interpret the service content of the property company in detail, and clarify the rights and responsibilities.
Determine whether it is reasonable to default on property fees. For example, if the house leaks, it is the responsibility of the developer, and the owner cannot refuse to pay the property fee on the grounds of the quality of the house.
After defining the service of the property, if the reason for not paying the property fee is not sufficient, the property service provided by the property company does conform to the contract. Then it is best to go to the property in time to settle the property fee and pay the liquidated damages (late fees) as agreed in the contract. Otherwise, after the property wins the case, you can apply to the court for enforcement.
Property dispute handling method:
1. The property management company should negotiate with the owner first;
2, the parties can find a neighborhood committee or village committee for mediation;
3. If the parties are not satisfied with the mediation result, they may bring a lawsuit to the court, or they may bring a lawsuit directly to the court without mediation.
If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort. If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.
legal ground
According to Article 286 of the Civil Law of People's Republic of China (PRC), the owner shall abide by the laws, regulations and management regulations, and relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.
The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages, refusing to pay property fees.
If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.
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