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What if the elevator card stops and the property fee is not paid?
There is a contractual relationship between residential property and residents. It is the obligation of residents to pay property fees after enjoying property services. If residents default on property fees, the property company can bring a lawsuit to the court on the grounds of contract disputes. On the grounds of not paying the property fee, the property company used the elevator card to restrict the residents from taking the elevator, which violated the legitimate rights and interests of the residents, and the residents could sue in the people's court.
What are the consequences of refusing to pay property fees?
If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses. Therefore, if the owner defaults on the property fee, the property company has the right to add liquidated damages. If the owner who is required to pay the liquidated damages disagrees with the amount of liquidated damages, he may request the people's court or arbitration institution to reduce it appropriately. In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court. That is, after the owner fails to pay the property fee and the property company fails to perform the dunning procedure, it can bring a lawsuit to the court according to law. If the parties refuse to perform after the judgment takes effect, the property may apply to the court for compulsory execution. If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property status and the property status one year before the date of receiving the execution notice; If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible. Those who refuse to perform the legal judgment, if the circumstances are serious, may be sentenced to judicial custody.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 944 of General Principles of Civil Law of People's Republic of China (PRC), 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. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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