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What is the time limit and limitation of property fee prosecution?
The limitation of action for default of property fees needs to be determined according to the object of default. First, the owner's default on property fees belongs to the service contract relationship. The limitation of action for requesting the court to protect civil rights is two years, and the property company cannot extend the limitation of action illegally; Secondly, the lessee's default on property fees is an integral part of house rent in judicial practice, and the limitation of action cannot be treated equally with the owner's service contract, so the rent law should be applied and should be limited to one year; Third, if the property management company has evidence to prove that they have urged you to pay your property fee during the limitation period, the limitation period can be continued and extended if it is interrupted. Therefore, the limitation period of action for defaulting on property fees should be determined according to specific circumstances. First of all, defaulting on property fees is a civil dispute, not a prosecution period, but a statute of limitations. Article 2 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of the Limitation of Action System in the Trial of Civil Cases stipulates that the people's court shall not recognize a party who, in violation of the law, agrees to extend or shorten the limitation of action and give up the interests of the limitation of action in advance. Article 3 stipulates that the people's court shall not explain the limitation of action or make a judgment to actively apply the limitation of action if the parties fail to raise the defense of the limitation of action.
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