Does the property have the right to cut off water, electricity and property fees?

Property service refers to the maintenance, conservation and management of houses and supporting facilities and related sites, as well as the activities of maintaining environmental sanitation and order in related areas. In our daily life, some owners have been cut off from water and electricity by property management companies because they have not paid property management fees. Then, does the property have the right to cut off water, electricity and property fees? Below, I have compiled some related contents, hoping to help everyone.

Does the property have the right to cut off water, electricity and property fees?

1. Does the property management company have the right to cut off water and electricity and not pay utilities?

The other side of the water supply and power supply contract for residential owners is the water supply company and the power supply company. According to the principle of consistency between rights and obligations, users of hydropower have the obligation to pay utilities, while providers of hydropower have the obligation to supply hydropower according to the contract. According to the anti-discrimination principle of contract performance, if the water user fails to fulfill the obligation to pay the water and electricity charges, the water supply and power supplier certainly has the right to cut off the water and electricity.

If the power supply department entrusts a property management company to collect water and electricity charges, the property management company can cut off water and electricity for the owner when the owner defaults on the water and electricity charges.

2. Does the property management company have the right to cut off water and electricity without paying property fees?

The parties to the water supply contract are the owner and the water supply company; The parties to a property management contract are the owner and the property management company, which have different legal relations.

The right to stop water and power supply is an important defense right for water supply and power supply enterprises to perform contracts. The property management company is not a water supply and power supply company in the community, so it naturally does not enjoy the right of water supply and power supply. It is stipulated in the property management contract that the property management company can take water and electricity cut off as a punishment in the case of the owner's arrears, which belongs to other contract terms in the contract law. According to the law, such a clause should be agreed by the obligee, otherwise it is invalid, and the owner can investigate the tort liability of the property management company instead.

Article 1 165 of the Civil Code. If the actor infringes upon the civil rights and interests of others through fault, he shall bear the tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

The above knowledge is my opinion on "Does the property have the right to cut off water and electricity without paying utilities and property fees?" .