Job Recruitment Website - Property management company - Civil law does not pay property fees and does not give access cards.
Civil law does not pay property fees and does not give access cards.
1. This practice of the property management company is an infringement on the legitimate rights and interests of the owners and is illegal;
2. The house purchased by the owner is for living and living. Owners have the ownership and right to use their own houses, and no one may interfere without authorization.
3. The property changes the access card of the community without permission, and if the property fee is not paid, the key is not given, which seriously damages the legitimate rights and interests of the owner, and the owner can file an infringement lawsuit.
First of all, the relationship between the property company and the owner is service and being served. The property provides services for the owner, and the owner pays the corresponding service fee. This is the contractual relationship. Property companies should serve the owners and exercise their functions and powers within the statutory scope. It is wrong for the owner not to pay the property fee, and the property company can recover the property fee through negotiation or litigation. It is the owner's obligation to pay the property fee, and the owner will be liable for breach of contract if he refuses to pay the property fee. The property company may, according to the contract, hold the owner who fails to pay the property fee on time liable for breach of contract through negotiation or litigation. Therefore, it is illegal for property companies to coerce owners to pay property fees on the grounds of refusing to issue access cards. Property that does not pay the property fee has no right to stop using the access card, which violates the property service contract. If the owners fail to pay the property service fee within the time limit, the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court. The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures.
Legal basis:
Article 944 of the Civil Law of People's Republic of China (PRC) stipulates: "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 after the expiration of a reasonable period, the property service provider may file 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.
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