Is the residential property responsible for the theft?

The stolen property at home has a certain responsibility and can claim compensation. How to compensate depends first on whether you have a contract with the property. For newly bought houses, real estate development enterprises generally sign pre-property service contracts with pre-selected property service enterprises, and for second-hand houses, it is generally a service contract signed between the community owners' committee and the property company.

Legal analysis

The dispute between the owner and the property management company is a common problem, and the owner often refuses to pay the property fee on the grounds that his home was stolen. When the owner's home is stolen, it is generally believed that the property company has not fulfilled its due responsibilities and security obligations, and the property company should be responsible for the owner's losses; The property management company believes that our property management company has fulfilled its security obligations in accordance with the property service contract, and believes that the reporting scope of the property management company is limited, mainly in the public domain of the community. For the proprietary domain of the owner's home, the property management company has fulfilled its security obligations within a reasonable range. The property company has no fault in the theft of the owner's house and does not need to bear the responsibility. The relationship between the property company and the owner is a property service contract. The scope of property management services is usually the maintenance of equipment and facilities in public areas of residential areas; Community environmental sanitation; Fire safety and other matters involving the interests of community owners. The safety of residential areas includes the personal safety and property safety of owners, that is, property management companies have the obligation to ensure the safety of owners' affairs. This obligation refers to a reasonable guarantee obligation, which is limited, not unlimited. As long as the property management company has fulfilled its security obligations within a reasonable range, provided property services for the community, and the owners have also enjoyed the benefits brought by the property services provided by the property management company, the owners should pay the property management fee, and the property management has fulfilled its security obligations. Although there will be some responsibilities at that time, it is also limited. However, some people think that if the property company has fulfilled its security obligations within a reasonable range, then the property company is not at fault for the theft in the owner's home and does not need to bear the responsibility.

legal ground

"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property 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.