Job Recruitment Website - Property management company - The new civil code stipulates that water and electricity are not allowed to be cut off.
The new civil code stipulates that water and electricity are not allowed to be cut off.
1. Can the property be cut off at will?
Property companies can't cut off water and electricity at will. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
The property management company in the community can't just cut off water and electricity for the owners. The owner and the property management company are equal civil subjects, and both parties shall perform their respective obligations in accordance with the contract. If either party breaches the contract, it shall bear corresponding liabilities for breach of contract. If the owner fails to pay the property fee in time, he shall bear legal responsibility. Property companies have the right to require owners to pay property fees and bear certain liquidated damages.
But the property company has no right to take measures to cut off water and electricity. According to Article 45 of the Property Management Regulations, water supply, power supply, gas supply, heating, communication, cable TV and other units within the property management area shall charge relevant fees to the end users.
If the owner signs a contract with the water supply and power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and power. The property company is not a party to the water supply and power supply contract and has no right to interrupt the water supply and power supply to the owner without authorization.
Second, can you not pay the property fee if you don't live in a house?
Property service fees in residential areas are mainly public service fees, including daily operation, repair and maintenance, greening management, security and cleaning of public facilities. No matter whether the owner actually moves in or not, even if the house is vacant, he has to pay the corresponding fee. Some parts of * * * are closely related to proprietary parts. Property service companies manage and maintain some parts of * * *, and every owner benefits from it. The obligation to pay property fees is equal to all owners, otherwise, the stability and certainty of the property service relationship will be broken.
legal ground
People's Republic of China (PRC) Civil Code
Article 944 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.
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