Job Recruitment Website - Property management company - Can I call the police when the property comes to collect the property fee?

Can I call the police when the property comes to collect the property fee?

You can call the police. If the owner fails to pay the property fee on time or refuses to pay it, the property manager can collect it, but you can't use excessive or even illegal collection methods. If the property is within a reasonable range of expropriation, it is not illegal. Owners are obliged to pay property fees. If the owner defaults on the property fee for a long time, the property can go to court for prosecution.

Legal analysis

According to the relevant laws and regulations, the property and the owner sign a service contract, stipulating the rights and obligations of both parties, the contract term, the liability for breach of contract, etc. Property provides services, providing daily maintenance, repair, renovation and other management services for houses, buildings and equipment in residential areas. Property charges should follow the principles of reasonableness, openness and adaptability between charges and service levels, and indicate the service items and charging standards. Owners can accept the services provided by the realty service enterprise according to the stipulations of the realty service contract, and the corresponding owners are obliged to pay the realty service fee on time. If the realty service enterprise fails to fulfill the stipulations of the realty service contract and causes damage to the owner, it shall bear corresponding legal responsibilities according to law. If the owner fails to pay the property fee, the property may not provide corresponding property services. If the owner still fails to pay after repeated collection, the property company may make a decision to sue the owner and ask him to pay the property fee and bear the late payment fee and liquidated damages for the property fee.

legal ground

People's Republic of China (PRC) Civil Code

Article 944 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.

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.