Can the owner refuse to pay the property fee if the property does not solve the problem?

Before the problem is solved, the owner cannot refuse to pay the property fee.

Property fee refers to the fee that the property manager should pay according to the property service contract when providing property services, and it is the owner's obligation to pay the property fee. If the owner is in arrears with the property fee, the property service provider may demand payment or bring a lawsuit, but it cannot demand payment by stopping power supply, water supply, heat supply and gas supply.

Property services are oriented to all owners and all aspects of the whole region, with publicity and integrity, involving the public interests of all owners and the whole community, and are inseparable and dependent in utility. If the owner refuses to pay the property fee because he thinks that the property service provided by the property service company has local defects, this will lead to the owner's personal income far less than the damage caused to the property company and most owners, so he cannot refuse to pay the property fee on the grounds that the property service has local defects.

If there are major defects in the property service, such as violation of laws and regulations, obvious lack of security, etc., the property fee can be appropriately reduced, and the owner can ask the property to compensate for the losses caused by the defects in the property service. For example, after the access control is damaged, the property is not maintained in time, there is no security room, there is no security patrol, or the owner's property is stolen because there is no video surveillance. It can be considered that the property management is obviously not in place in terms of the owner's safety, which is a major defect and the property fee can be reduced or exempted.

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.

legal ground

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.