Can the property company refuse to pay the property fee if it fails to perform its duties?

The property service is not good, and the owner cannot refuse to pay the property fee on this ground.

According to the first paragraph of Article 41 of the Property Management Regulations, the owner shall pay the property service fee according to 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 64 stipulates that if the owner fails to pay the property service fee within the time limit in violation of the property service contract, the owners' committee shall urge him 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.

According to relevant laws and regulations, if the property management company fails to perform its duties, the owner has the right to sue the court to terminate the contract. As the main body providing property management services, property companies should perform their management duties to ensure the normal operation and maintenance of property facilities. If the property management company fails to perform its duties, resulting in damage to the owners' rights and interests, the owners can safeguard their rights and interests through legal channels. In the process of prosecution, the owner needs to provide relevant evidence to prove the non-performance of the property management company, such as failure to provide services as agreed in the contract and poor management.

To sum up, the court will judge whether to support the owner's request to terminate the contract according to the actual situation, and make corresponding judgments according to law. Owners should consult professional lawyers in the process of safeguarding rights to ensure that their rights and interests are reasonably protected.

Legal basis:

property management regulations

Chapter VI Legal Liability

Article 64

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.