Under what circumstances can the refusal to pay the property fee win the case?

Generally, if the developer has not delivered the house; The property company fails to perform the service responsibility of the property contract; The quality of service provided by the property management company can not meet the standards stipulated in the property contract; The property company has no approval document from the price management department; If the property company increases the charging items, expands the charging scope and raises the charging standard without authorization, it can win the case by refusing to pay the property fee. Property service fee is the guarantee to maintain various services of property projects. If the property fee is not paid, the court will mediate.

Refusing to pay the property fee can win the case:

1. Because the house quality problem is not delivered, the property fee is paid by the developer.

2. Lease the house, and the lease contract indicates that the property fee shall be paid by the tenant.

3. If the property management company fails to perform the service responsibilities of the contract, all owners can refuse to pay, but there must be strong evidence.

4. The property management company has not signed a contract with the owner.

5. The service quality provided by the property management company can't reach the standard agreed in the contract.

6. The property management company does not have the original approval document of the price management department.

7. The property management company expands the charging scope and raises the charging standard without authorization.

8. The property management company increases the charging items without the consent of the owner.

What are the consequences of refusing to pay property fees?

The consequence of refusing to pay the property fee is to bear the liability for breach of contract to the property management enterprise and all the adverse consequences caused by losing the case. According to the law, the owner should pay the property service fee according to the property service contract. If the owner fails to pay the property service fee within the time limit, the property company will make a reminder. If the property fee is not paid within a reasonable period of time, the property company will generally bring a lawsuit to the people's court to demand payment of the property fee and liquidated damages.

In short, if you want to refuse to pay the property fee, you must have a formal reason. If you don't pay the property fee, the property company has the right to complain to the owner. In order to win the case, we must collect relevant evidence to prove that the property company has not fulfilled its responsibilities.

Legal basis:

property management regulations

Article 35

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty 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.

Article 41

The owner shall pay the property service fee in accordance with the provisions of the property 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.

Article 65

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.