Can I sue for defaulting on property fees?

Many properties do not go to court to sue their owners because they are unwilling to intensify contradictions. Prosecuting an owner may attract more owners' resentment.

There are detailed provisions on whether the property company breaches the contract in the terms of the property service contract, which is one of the important bases for the owners to protect their rights. Therefore, citizens who are interested in similar rights protection should carefully check the terms of the property service contract and try to find corresponding evidence. When taking evidence, it is necessary to take the form of video as much as possible, and at the same time, it is necessary to take evidence for a long time to prove that the phenomenon obtained is not accidental, and such evidence is more likely to be accepted by the court. If both parties breach the contract, they shall bear their respective responsibilities.

The difficulty in collecting property fees has now become the biggest headache for many property companies, and more and more property companies have no choice but to sue the owners. The main reason why the owner refuses to pay the property fee is that he is not satisfied with the property service. Therefore, not paying property fees has become a means of protesting property and a way of safeguarding rights. However, unless there is evidence that the property company has committed a major breach of contract or caused infringement, causing certain losses to the owner, otherwise the owner should pay the property fee.

Article 592 of the Civil Code of People's Republic of China (PRC) * * * If both parties breach the contract, they shall bear their respective responsibilities.

If one party's breach of contract causes losses to the other party, and the other party is at fault for the occurrence of losses, the corresponding compensation for losses may be reduced.

Article 593 Where a party breaches a contract for the reason of a third party, it shall be liable to the other party for breach of contract according to law. Disputes between the parties and the third party shall be handled according to law or in accordance with the agreement.

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.