How to sue for owing property fees?

A series of laws promulgated by the state are aimed at restraining people's behavior at the legal level and enabling some vulnerable groups to safeguard their rights and interests with legal weapons. How to sue for sharing the property fees owed below?

Legal analysis on how to sue for defaulting on property fees 1: To sue for property fees, it is generally necessary to submit a complaint and submit a copy according to the number of defendants. The complaint generally needs to include the plaintiff's name, gender, age, nationality, occupation, work unit, residence and contact information.

The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person; Information such as the defendant's name, gender, work unit and domicile, and information such as the name and domicile of a legal person or other organization; The request for payment of property fees and the facts and reasons on which it is based; Evidence and sources of evidence, names and residences of witnesses.

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

Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 121 A complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

How to sue for defaulting on property fees? 2. The property sued me for defaulting on property fees. How should I deal with it?

If you are sued for owing property fees, you must first pay the property fees immediately. It will be more troublesome if you want to respond to the lawsuit, because the owners of minor problems may have to go to court with the property all the time, which may cost more and is not necessary. You can complain to the competent department if you have any questions. Property fee is the most basic obligation that the owner needs to perform in the property service contract. Failure to pay property fees is a serious breach of contract, and it is necessary to bear the liability for breach of contract, and compensate for the losses caused.

Is there a late fee for defaulting on property fees?

There is a late fee for defaulting on property fees. If there is a penalty clause in the contract, it shall be implemented according to the contract, and it is generally agreed that it is three thousandths. If there is no agreement in the contract, the property management unit may require payment according to the bank loan interest for the same period.

Article 40 of the Regulations on Property Management stipulates that property service charges should follow the principles of reasonableness, openness, and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Article 41 stipulates that the owner shall pay the realty service fee in accordance with the stipulations of the realty service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

How long will the property fee be sued for default?

The law does not clearly stipulate whether the property fee is paid monthly or annually, but it is generally believed that it is paid monthly. For example, the property fee in March should be paid before the end of March. If not, the property company has fulfilled the dunning procedure, that is, notifying the owner to pay the property fee. If the owner still does not pay the property fee, he can sue. However, in order to maintain a good relationship with the owners, the general property will not sue after a few months and will be informed in time. If the owner says he wants to pay, the property company will not sue.

In real life, there are a lot of property disputes, either the owner has not paid the property fee after taking over the house, or the property company only sued after leaving, that is, changed the property company.

Article 35 of the Property Management Regulations stipulates that property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

How to sue for owing property fees 3. How to sue the property?

(1) Prepare to sue.

1, investigation and evidence collection. First of all, one or several people should do a good job of taking photos and videos. In the process of taking photos and videos, the name or personnel of the property management company must be photographed or entered. Sometimes, in order to prove the property company's continuous breach of contract, it is necessary to take photos and videos for several days.

2. Ask the lawyer about the legal relationship. You can consult the law firm about the relevant legal relationship and get an accurate understanding.

3. Set aside a certain amount of time. Evidence collection and litigation take a lot of time and are very complicated. We should be prepared psychologically and in time.

(2) Write a civil complaint, draft a lawsuit request and list relevant evidence.

Second, the property management contract signing period

(1) The term of the property service contract is two to five years. The specific term of the prophase realty service contract shall be agreed by the construction unit and the realty service enterprise, and the longest term shall be calculated from the date when the owners' congress signs the realty service contract with the realty service enterprise it selects.

(II) If the term of the realty service contract expires and the owners' meeting is not established according to law or the realty service enterprise is not selected, the original contract can be continued until the new realty service contract begins to provide realty service.

(three) when the construction unit sells the property, it shall be stated in the preliminary property service contract, and inform the owner of the name, office space, contact information and qualification grade of the property service enterprise.

Third, the owner does not pay the property fee?

(a) through telephone inquiries, door-to-door visits and other forms, to understand the reasons for the owners' arrears of property fees. If the problems reflected by the owners are real and can be solved within the capacity of the property service enterprises, they should actively solve the problems for the owners until they are satisfied.

(2) After solving the problem, if the owner is still unwilling to pay the property fee, he can send a reminder notice of the property fee while further communication, give him sufficient time to consider whether to pay the property fee, and publicize the list of people who refuse to pay the property fee in a prominent position in the property management area.

(3) Establish a system of copying the arrears of staff in government agencies and institutions, and copy the list of cadres and workers who do not support property management and fail to pay property service fees in time to all units, and urge them to cooperate with property management and pay property fees as soon as possible.

(4) After the above communication, if the property service fee is not paid within the time limit, the property service enterprise can bring a lawsuit to the people's court in the form of judicial proceedings, and the court will intervene to accept the case of overdue payment of property service fee.