Can the property management company bring a lawsuit to the court if the house leaks water?

If the main structure of the house, the parts of the house, the facilities and equipment of the house are damaged and need to be overhauled or renovated for water leakage, you can apply to the property for housing maintenance fund for maintenance. Of course, if the property contract signed by the owner and the property company stipulates that the property company has certain maintenance obligations for the house, the property company will also carry out maintenance. If the property does not cooperate with the maintenance, the owner can also take the property company to court.

Legal analysis

Housing leaks, regardless of the property company, may not be able to sue the court. During the warranty period, the developer is responsible for the leakage of the external wall or roof. After the warranty period, you can find a property, but you need to use the property maintenance fund, and you can't put all the blame on the property. There is water leakage upstairs and downstairs. This should be found upstairs. Property management can help you coordinate. If the house leaks, you can't refuse to pay the property management fee. If you don't pay the property management fee, the property company can sue. The relationship between the property management company and the owner is a contractual relationship. The owner employs a property management company to repair, maintain and manage the house, supporting facilities, equipment and related sites, and maintain the environmental sanitation and order in the relevant areas. The rights and obligations of both parties are stipulated in the contract. If there is any dispute, it can be solved through legal channels. If the contract stipulates that the property company has the obligation to repair the leaking house, it is a breach of contract for the property company not to repair after receiving the notice. If the owner causes property losses (such as furniture erosion by water, wall damage, etc.). ) because the house leaks, he can ask the property company to bear the liability for breach of contract or compensate for the losses according to the contract. If there is no agreement that the property company is responsible for this, it cannot sue.

legal ground

Article 34 of the Regulations on Property Management in People's Republic of China (PRC) stipulates that the owners' committee shall conclude a written property service contract with the property service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.