Job Recruitment Website - Property management company - The landlord cut off the water and electricity privately.

The landlord cut off the water and electricity privately.

Legal analysis: the contract has not been terminated and the contract has not expired. Whether it is legal for the lessor to cut off water and electricity should be distinguished according to different situations:

1. If the contract has not been terminated,

If the lessee breaches the contract, it shall be liable for breach of contract, but the lessor's failure to supply water and power is also a breach of contract, that is, both parties have breached the contract. In this case, the lessor shall bear the corresponding liability for breach of contract and compensate the lessee for the losses caused thereby.

Two, the lessor unilaterally notify the lessee to terminate the contract, water and electricity.

It should be considered that if the lessor requests to terminate the contract and the lessee has objections, whether the contract meets the conditions for termination and whether the judgment right should be terminated belongs to the court and should be resolved through litigation. If the conditions for termination are met, the contract shall be terminated from the date of the lessor's notice; Otherwise, the contract should still be performed.

The contract has been terminated early. If both parties terminate the contract through consultation and the lessee refuses to return the house, the lessor shall not bear the legal responsibility of water and electricity cut off.

After the expiration of the lease contract, the lessor clearly stated that he did not agree to renew the lease and refused the rent paid by the lessee for the renewal. The lessee has no reason to delay the check-out, and the lessor has the right to cut off water and electricity, and does not assume the responsibility of compensating the lessee for losses.

3. If the tenant does not pay the property fee,

Property companies can't cut off water and electricity just because owners are in arrears with property fees. This way violates the rights and interests of residents and is illegal. If water supply and power failure cause losses to the owners, the owners may claim tort liability from the property company according to law.

Legal basis: Article 44 of the Regulations on Property Management. Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners. In other words, the contract subjects of the owner's electricity and water use are water supply companies and power supply companies, involving different contract parties. If the owner has paid the corresponding fee to the water and electricity supply company, the property management company has no right to interrupt the water and electricity supply to the owner without authorization.