Is it a counterclaim or a lawsuit against the property?

Property contract disputes can be counterclaimed, because in fact, according to the clear provisions of our national laws, counterclaims can be filed if they meet the requirements of counterclaims.

Legal basis:

Article 232 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).

After the case is accepted, but before the end of the court debate, if the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, which can be tried jointly, the people's court shall try it jointly.

Article 233 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).

The parties to a counterclaim shall be limited to the parties to this lawsuit.

If the counterclaim and the claim in this case are based on the same legal relationship, if there is a causal relationship between the claims, or if the counterclaim and the claim in this case are based on the same fact, the people's court shall try them together.

If the counterclaim is under the exclusive jurisdiction of other people's courts, or has nothing to do with the facts and reasons on which the subject matter of the lawsuit and the claim are based, the counterclaim shall be ruled inadmissible and informed to be prosecuted separately.

People's Republic of China (PRC) Civil Code

Article 937 Definition of Property Service Contract A property service contract is a contract in which a property service provider provides property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order to the owners within the property service area, and the owners pay property fees.

Property service providers include property service enterprises and other managers.

Article 938 Contents and Forms of a realty service contract The contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term and service handover.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Validity of the realty service contract The prophase realty service contract concluded by the construction unit and the realty service provider according to law and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 940th Conditions for Termination of Pre-realty Service Contract According to Law If the service period stipulated in the pre-realty service contract concluded by the construction unit and the realty service provider according to law expires and the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the pre-realty service contract shall be terminated.

Article 941 Where a realty service provider entrusts a specific service within the realty service area to a professional service organization or other third party, it shall be responsible to the owner for the specific service.

The property service provider shall not entrust all the property services it should provide to a third person, or entrust all the property services to a third person after the demolition.