Under what circumstances can I refuse the property fee?

Legal analysis: In the following cases, you can refuse to pay the property fee:

1. The realty service enterprise fails to perform its obligations as agreed in the contract;

2. The service items are not within the scope agreed in the property contract. Legal basis: Article 40 of the Regulations on Property Management follows the principles of reasonableness, openness, and adaptation of fees and service levels, and distinguishes the nature and characteristics of different properties. The owners and the property service enterprises shall jointly build the property according to the provisions of the competent price department of the State Council.

What are the consequences of not paying the property fee?

According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court. In this regard, Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases further stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after written reminders, the people's court shall support the property service enterprise to request the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.

How to defend rights?

1. First of all, we should record the time, place and situation of breach of contract in a targeted manner, and keep the corresponding evidence. You can take photos, videos or write down the signature of the other party;

2. Secondly, through negotiation, when the property fee should be paid, you should change from passive to active, take the initiative to negotiate with the property company, tell them what they have done wrong, and make a good record of the negotiation. Once the property company sues for default of property fees, the owner can argue that it is not malicious default.

3. Since the owners' committee has the right to terminate the property service contract, rather than individual owners, the owners should respond to the owners' committee in time. If the owners' committee has not been established, it should actively communicate with the local neighborhood offices and towns, and set up the owners' committee as soon as possible, so as to safeguard rights in the future.