What should I do if the residential property fee cannot be collected?

It may be because the property management company did not provide property services as agreed in the contract. First of all, the relationship between the owner and the property management company is the property service contract. When the services provided by the property management company do not conform to the contract, the owner has the right to refuse to pay the property management fee and demand compensation. Secondly, the property company may not be willing to intensify the contradiction with the owners, so it wants to solve it through consultation rather than litigation.

Legal analysis

According to the relevant provisions of the Property Management Regulations, the owner shall pay the property service fee according to the property service contract.

If the owner sues the property company for not paying the property fee,

1. When the owner receives a court summons and needs to respond actively, he can negotiate with the property management company. If the trial is conducted by default, the court may make a judgment by default or make a judgment against the owner.

2. If the owner refuses to pay the property fee, it is also reasonable. There must be concrete evidence to prove that the property company has not fulfilled the stipulations of the property service contract, and that the property dereliction of duty has affected the quality of life of the owners, which is the first breach of contract by the property company.

3. If there is definite evidence to prove that you didn't pay the property fee because the property company provided property services according to the contract, and the property company breached the contract first, you can file a counterclaim with the court, but the evidence provided should be clear and specific to support your own demands.

legal ground

Article 34 of the Regulations on Property Management shall conclude a written property service contract with the property service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.