Is it illegal for the owner not to go home?

1. Is it illegal for the property owner not to go home?

1. It is illegal for the owner not to go home. Because there is an "employment relationship" between the owner and the property management company, the owner employs the property management company to provide services for them, maintain the order, safety and environmental sanitation of the community, participate in the daily management of public affairs, and prevent the owner from going home in violation of the agreement.

2. Legal basis: Article 944th 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.

Article 945

When the owner decorates the house, he shall inform the property service provider in advance, observe the reasonable precautions prompted by the property service provider, and cooperate with him to conduct necessary on-site inspections.

If the owner transfers, rents out the exclusive part of the property, establishes the right of residence or changes the use of part of the property, it shall promptly inform the property service provider of the relevant information.

Second, how to deal with property infringement owners?

1. The owner can report to the construction administrative department of the local government, the consumer rights protection association and the quality supervision department related issues such as community planning, real estate license handling and housing quality;

2. Bring an administrative reconsideration or lawsuit to the local real estate administrative department, and bring a civil lawsuit for breach of contract or infringement to the developer and the property management company;

3. According to the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute shall be submitted to the arbitration institution with management right, that is, the arbitration commission where the property management company is located for arbitration.