Jindu property security guard

If there are incidents such as theft at home, you can ask the property to be responsible. But you can't refuse to pay the property fee because there is no legal basis.

1, according to the legal and effective property management contract signed between the property management enterprise and the owners' committee, the owners should follow the principle of honesty and credit and fully perform, and objectively, comprehensively and truly perform the obligations stipulated in the contract. According to Article 60 of the Contract Law, "the parties shall fully perform their obligations as agreed. The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract. " At the same time, Article 83 of the Property Law also stipulates: "Owners shall abide by laws, regulations and management regulations."

2. The relationship between property management enterprises and owners is the relationship between service and being served. It is the owner's main obligation to pay the property management fee in time according to the property management contract. Only when the owners pay the property fees in full can the property management enterprises provide quality services. Article 42 of the Property Management Regulations clearly stipulates that the owner shall pay the property service fee in accordance with the property service contract.

3. Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that if a property service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as stipulated in the property service contract or laws, regulations and relevant industry norms, the owner has the right to request the people's court to support the property service enterprise in assuming the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. This explanation does not explain that the owner can refuse to pay the property fee on the grounds that the property service is not in place. It can be seen that although the property management enterprise did not provide the standard services agreed by both parties to the owners in accordance with the property management contract, there was a breach of contract. However, there is no legal basis for completely refusing to pay property fees.

4. When the owner has evidence to prove that the property service provided by the property service enterprise is in breach of contract, even if the property management enterprise does not provide the corresponding service at all, in view of the gap between the property service provided by the property management enterprise and the service quality and agreed standards, then, according to the principle of consistency of rights and obligations, the corresponding property service fee shall be deducted as appropriate.