Job Recruitment Website - Property management company - My store, I paid the property management fee and a lot of it was stolen, but the property management didn't compensate for the loss. What should I do?
My store, I paid the property management fee and a lot of it was stolen, but the property management didn't compensate for the loss. What should I do?
If negotiation fails, it can be settled through litigation. Details are as follows:
1. Both parties have an actual contractual relationship and the property is in breach of contract, so they can exercise the right of defense;
2. You can counterclaim that the property fails to perform the contract and demand compensation for losses;
3. Usually, the court will decide to pay the property fee, and the losses suffered during the normal payment of the property fee will be borne by the property company;
4. When the defense is good, even if the property management fee is not paid, the losses suffered due to property management problems will be borne by the property company.
If a lawsuit is filed again, the collection of evidence should follow several principles:
1, the store was stolen, stolen;
2. Prove the loss of the stolen property;
3. Evidence of theft caused by lax property management.
Solve it through legal and reasonable channels and safeguard the interests of the parties.
legal ground
People's Republic of China (PRC) Civil Code
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. Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.
The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.
The realty service contract shall be in written form. Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the realty service area, maintain the basic order of the realty service area, and take reasonable measures to protect the personal and property safety of the owners.
Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.
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