Agent of plaintiff in dispute over property service contract

In life, we often encounter events caused by property disputes. We need a proxy word when we are conducting property dispute litigation. Then, how to write the plaintiff's proxy words in real estate disputes? In order to help you understand how to write a good power of attorney for property disputes, Bian Xiao compiled a sample power of attorney for property disputes for you today, as follows.

An agent of the plaintiff in a property dispute.

Dear presiding judge and judge,

Xxxx Law Firm accepted the entrustment of xxxx Property Services Co., Ltd. according to law, and appointed our firm as the agent of first instance in the case of property contract dispute between the company and the defendant xx. We hereby express our agency opinions on this case as follows:

1. The defendant shall pay the property service fee according to law.

(1) The plaintiff has the right to charge the defendant the property service fee.

The plaintiff is a legal property service enterprise that has obtained a business license according to law. Since the defendant moved into the residential area, the plaintiff has been providing property services to him.

The property relationship between the plaintiff and the defendant has been confirmed by the effective judgment of the xx District People's Court and supported by the evidence provided by the plaintiff. According to the provisions of Article 19 of Shijiazhuang Property Management Regulations, and in accordance with the provisions of the Residents Manual of Yangang New Village in this community, the plaintiff has the right to charge the defendant the property service fee.

(2) The defendant is obliged to pay the property service fee to the plaintiff.

According to Item 5, Paragraph 1, Article 7 of the Property Management Regulations, "Owners have the obligation to pay property service fees on time in property management activities", Article 16 of the Implementation Measures for the Management of Property Service Fees in Hebei Province, "Owners shall pay property service fees or property service funds in full and on time in accordance with the provisions of the property service contract" and "Yangang New Village Household Manual", the defendant shall pay the property management fees to the plaintiff. Moreover, since the defendant moved in, the plaintiff has provided him with property services, which have been accepted by the defendant, and the plaintiff charged according to the national standards, so the defendant should pay the property service fee according to law.

2. The defendant shall pay the electricity, gas and heating fees according to law.

In the process of providing property services for the defendant, the plaintiff provided the expenses of collecting and paying electricity, gas and heating. According to the provisions of the Resident Manual of Yangang New Village in this community, the plaintiff has the right to claim the water, electricity and heating fees from the defendant. In addition, according to the contract signed by the plaintiff with the heating company, water supply company and power supply company, it is proved that the heating company, water supply company and power supply company entrusted the plaintiff to collect heating fees from the owners of xxx village, including the defendant, and the charging standards met the national regulations.

In addition, according to the first paragraph of Article 3 of the document "Opinions on Further Clarifying Several Issues of Heating and Heating" jointly issued by xxx Energy Management Office and xxx Central Heating Office, "the heat exchange station is the responsible unit for the collection of heat fees, that is, whoever owns the assets and management rights of the heat exchange station will be responsible for the collection of heat fees. Heating enterprises supply steam or high-temperature hot water to heat exchange stations managed by property units or residential property companies. Each heat exchange station collects heat fees from users in the supply area according to the area, and then settles the heat fees with the heating enterprises according to the table. " The provision that the plaintiff collects heating fees is justified in law.

3. The defendant shall pay liquidated damages.

When the defendant checked in, he promised to abide by the relevant provisions of the Resident Manual of Yangang New Village. Item 2 of Article 3 "Residents shall pay the management fee to the property management company before 25th of the current month. If it is overdue, a late fee of 25% of the total management fee payable will be charged. The late fee for water and electricity arrears shall be implemented according to the relevant regulations of the municipal power supply company and water supply company, and residents are welcome to pay in advance. " Others shall be implemented in accordance with the provisions on liquidated damages in water supply, power supply and heating contracts. The defendant shall pay the plaintiff the liquidated damages arising from the default of property fees, utilities and heating fees.

According to Article 60 of the Contract Law, "the parties shall fully perform their obligations as agreed", it shows that it is legal for the defendant to bear the liquidated damages as agreed, and the collegial panel shall make a ruling according to law.

Four, the defendant owed property services and other expenses did not exceed the statute of limitations.

Since the defendant owed money in, the plaintiff charged the defendant property service fees by posting notices and sending registered letters. The plaintiff's claim to the defendant in the above way can cause the interruption of the limitation of action. In addition, according to Article 9, Paragraph 1 (3) of the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings, "the parties do not need to prove the following facts: (3) another fact that can be inferred according to the law or the rules of known facts and daily life experience;" It is impossible for the plaintiff to claim the property service fee, water, electricity and heating fee for the current month, and the defendant's payment behavior during the arrears period should also cause the interruption of the statute of limitations. Moreover, the defendant's default on property services and other expenses is a continuous act. Therefore, the property service fee owed by the defendant to the plaintiff did not exceed the limitation of action.

To sum up, the fact that the defendant defaulted on the plaintiff's property service fee is clear and the evidence is sufficient. The defendant should be ordered to pay the property service fee and bear the corresponding liability for breach of contract according to law, so as to safeguard the dignity of the law and the legitimate rights and interests of the plaintiff.

The above opinions are for the reference of the collegial panel, and hope to adopt them!

Xxxx lawyer office

Lawyer: Zhang xx

X year x month x day

The above is a sample of Plaintiff's Agency Words in Property Disputes compiled by Bian Xiao. I hope that after reading the knowledge compiled by Bian Xiao, you can know how to write the plaintiff's proxy words in property disputes, and you can also know the specific content of the plaintiff's proxy words in property disputes. Of course, if you have other legal knowledge you need to know, you can also consult online.

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves the real estate problem stipulated in the civil law #

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