Job Recruitment Website - Property management company - How to sue tenants for not paying property fees

How to sue tenants for not paying property fees

Legal analysis: Just submit the tenant's personal information to the court. The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the property user (lessee) agree that the property user (lessee) will pay the property service fee, the property company may collect the property fee from the lessee according to the agreement, but the owner shall bear joint liability. In other words, if the tenant is unwilling to pay the property fee, the property management company has the right to ask the owner for it. Because the agreement (lease contract) between the landlord and the tenant is an agreement between both parties and has no effect on the third party (property company), it is the statutory obligation of the landlord to pay the property service fee on time. Therefore, if the lessee fails to pay the fee on time as agreed by both parties, the owner shall bear joint liability according to law. If the tenant escapes privately and owes the property fee, the property management company will not bear any responsibility, and the property fee owed will still be paid by the owner. If the owner does not pay the property fee, the property company has the right to bring a lawsuit against the owner.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.