The owner brought the property to court. If the property is lost, who will pay?

After the property fee dispute is sued, the owner needs to bear the legal fees if he loses the case. Property fee disputes are very common civil disputes. According to the provisions of the Measures for Payment of Legal Fees, the legal fees in civil litigation are basically borne by the losing party. Unless the winning party voluntarily bears the legal fees, the legal fees for property fee disputes shall be determined according to the legal fees in arrears.

1. Does the property owner have to bear the legal fees if he loses the case?

The owner of the property fee dispute needs to bear the legal fees after losing the case.

Measures for payment of litigation fees

Twenty-ninth litigation costs shall be borne by the losing party, unless the winning party voluntarily bears it.

If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.

* * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.

Article 30 If the people's court of second instance changes the judgment or ruling of the people's court of first instance, it shall accordingly change the decision of the people's court of first instance on the burden of litigation costs.

Article 31 In a case reached through mediation by a people's court, the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.

Article 32

In accordance with the provisions of Item (1) and Item (2) of Article 9 of these Measures, the retrial case shall pay the case acceptance fee, and the litigation fee shall be borne by the party applying for retrial; If both parties apply for retrial, the litigation costs shall be borne in accordance with the provisions of Article 29 of these Measures. The burden of litigation costs in the original trial shall be re-determined by the people's court according to the principle of litigation costs burden.

2. What are the relevant provisions for property fee disputes?

People's Republic of China (PRC) Civil Code

Article 944

Obligation of the owner to pay the property fee; 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.

After the people's court hears the case, if the owner loses the case, it means that the current evidence proves that the owner has defaulted on the property fee without reason. The legal system clearly stipulates that even if the owner does not move in, or the owner thinks it is unnecessary to accept the relevant property services, as long as the property company provides property services, the owner must pay the property fee.