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Does the property have the right to cut off water and electricity for the owner?
The property has the right to cut off water and electricity. At present, for the convenience of charge management, some property companies usually stipulate that property management fees and utilities are bundled. For tenants who refuse to pay property management fees, property companies usually take the means of cutting off water and electricity.
1. The property management company signs a property service contract with the owner, and the owner signs a water supply and power supply contract with the power supply bureau and water supply company. These are two parallel and independent legal relations.
2. Property management companies only maintain water supply and power supply equipment, not suppliers of water and electricity. The providers of water and electricity are water supply companies and power supply bureaus. According to the relevant provisions of China's civil code, the water supply and power supply between the owner and the water supply company and power supply bureau is a contractual relationship. The water supply company or power supply company has the right to stop water supply and power supply only if the owner has a contract agreement and state regulations.
legal ground
People's Republic of China (PRC) Civil Code
Article 282 The income obtained by the construction unit, the realty service enterprise or other managers from the * * * part of the owner, after deducting reasonable expenses, shall be owned by the owner.
Article 284 The owner may manage the building and its ancillary facilities by himself, or entrust the management to the property service enterprise or other managers. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
Article 285 A realty service enterprise or other manager shall accept the entrustment of the owner, manage the buildings and their ancillary facilities within the building division in accordance with the stipulations of the realty service contract in Part III of this Law, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.
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