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Will the water and electricity be cut off if the property fee is not paid?
Hydropower is a necessity for the owners of residential quarters. Even if there is a compulsory water and electricity cut-off agreement in the contract, the property management company can't ask the owner to pay various fees by means of compulsory water and electricity cut-off. If the owners fail to pay the fees, the property management company shall negotiate with the owners' committee to solve the problem, or bring a lawsuit to the people's court to demand the owners who are in arrears to pay the fees and liquidated damages. Please look at the following case:
Case narration
1On a certain day in March, 1998, Zhang signed a house sales contract with a real estate company to buy the house he developed. 1March, 1999, Zhang signed the Property Management Agreement with the real estate company when he moved in, stipulating that "the property management company has the right to take compulsory measures such as stopping water, cutting off electricity or bringing a lawsuit to the court against the owners and users who fail to pay various fees without reason. Since 200 1 and 1, a property management company has repeatedly urged Zhang to pay the property management fee, but Zhang has never paid it. From February, 2000/kloc-0 to February, 2002, the property management company cut off the water and electricity supply of Zhang's house for 39 days in order to make Zhang pay the overdue property management fee.
Since then, Zhang sued the court on the grounds that the property company violated his property rights, demanding compensation for the loss of rental rent caused by the inability to stay in his house during the water and power outage.
Judgement result
The court held that the above statement of the owner Zhang was true, and that water and electricity cuts were a means for water supply departments and power supply departments to resist users' failure to pay utilities. It is inappropriate for a property management company to ask for the payment of property management fees on the grounds of water and power cuts, so it should bear the losses caused by it. Finally, the court ordered a property management company to compensate the plaintiff for the loss according to the same rent standard.
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