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Illegal, the property cannot be cut off from water and electricity to the owner under any circumstances. Property management companies do not have the right to cut off water and electricity. The landlord violated the property service contract signed with the property management company by failing to pay the property service fee on time.
As a property management company, in accordance with the contract, urge the owner to pay the breach of contract, or solve it through legal means. The law does not give property companies the right to cut off water and electricity.
Legal analysisThe owner signs a water supply and power supply agreement with the water supply company and the power supply company respectively, and pays the relevant fees to obtain it. It is not the same as the property service fee paid by the owner. It is clearly wrong and illegal for the strata company to do so.
If the loss is caused by the water and power outage, the owner can claim his rights to the court and request the property management company to compensate for the loss caused by the water and power outage. The owner and the property management company are equal civil subjects, and both parties shall perform their obligations in accordance with the contract, and any party shall bear the corresponding liability for breach of contract if it is violated. If the owner fails to pay the property fee in time, he shall bear legal responsibility, and the property management company has the right to require the owner to pay the property fee and bear a certain amount of liquidated damages.
The owner and the property management company are equal civil subjects, and both parties shall perform their obligations in accordance with the contract, and any party shall bear the corresponding liability for breach of contract if it is violated. If the owner fails to pay the property fee in time, he shall bear legal responsibility, and the property management company has the right to require the owner to pay the property fee and bear a certain amount of liquidated damages. If the owner has paid the corresponding fees to the water supply and power supply company, the property management company has no right to interrupt the water supply and power supply to the owner without authorization.
Legal basisProperty Management Regulations" Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and timely report to the relevant administrative departments. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.
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Hello, 1. The property management company cannot take measures to cut off water and electricity because the owner is in arrears of property fees. This is a violation of the rights and interests of the residents. If the water and power outage causes losses to the property owner, the owner can claim tort liability against the property management company in accordance with the Tort Liability Law.
2. According to Article 45 of the "Property Management Regulations": "In the property management area, water supply, power supply, gas supply, heating supply, communications, cable television and other units shall collect relevant fees from end users. Where property management service enterprises accept entrustment to collect the fees in the preceding paragraph, they must not charge the owners additional fees such as handling fees.
That is, the main body of the contract for the water and electricity used by the owner is the water supply company and the power supply company, involving different parties to the contract, and if the owner has paid the corresponding fees to the water supply and power supply company, the property management company has no right to interrupt the water supply and power supply to the owner without authorization.
3. The owner and the property company are equal civil subjects, and both parties should perform their obligations in accordance with the contract, and any party shall bear the corresponding liability for breach of contract if it is violated. After the owner has paid the water, electricity, property and other related expenses, the property management company shall perform its due responsibilities and obligations in accordance with the service contract.
4. It is the obligation of the residents of the community to pay the property fee, and if the owner fails to pay the property fee within the time limit, the owners' committee shall urge it to pay within the time limit; If the payment is still not made within the time limit, the property management company may file a lawsuit with the people's court.
Hope, thank you!
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If the parties in the signed lease contract clearly agree that the lessee fails to pay the rent as agreed, the lessor has the right to urge the lessee to pay the rent by cutting off water and electricity or stopping other facilities, which does not violate the mandatory provisions of China's laws and is a valid contract, and the landlord can cut off the water and electricity when the tenant does not pay the rent; However, if the water and electricity bills of the house are handed over by the tenant to the power supply and water supply company, as long as the tenant fulfills his obligation to pay the water and electricity bills in a timely manner in accordance with the law, the property shall not suspend the power supply.
Legal basis: According to Article 652 of the Civil Code of the People's Republic of China, when the power supply needs to interrupt the power supply due to planned maintenance, temporary maintenance, power rationing according to law, or illegal electricity use by the power consumer, it shall notify the electricity user in advance in accordance with the relevant provisions of the state; If the electricity user is interrupted without prior notice and the loss is caused, the electricity user shall be liable for compensation.
According to Article 654 of the Civil Code of the People's Republic of China, the electricity user shall pay the electricity fee in a timely manner in accordance with the relevant provisions of the state and the agreement of the parties. If the electricity user fails to pay the electricity fee within the time limit, it shall pay liquidated damages in accordance with the agreement。
If the electricity user still fails to pay the electricity charges and liquidated damages within a reasonable period of time after being reminded, the power supplier may suspend the power supply in accordance with the procedures prescribed by the state. Where the power supply is suspended in accordance with the provisions of the preceding paragraph, it shall notify the power consumers in advance.
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Legal basis: "Property Management Regulations" Article 44 In the property management area, water supply, power supply, gas supply, heat supply, communications, cable television and other units shall collect relevant fees from end users. Where property management service enterprises accept entrustment to collect the fees in the preceding paragraph, they must not charge additional fees such as handling fees to households.
That is, the main body of the contract for the water and electricity used by the household is the water supply company and the power supply company, involving different parties to the contract, and if the household has paid the corresponding fees to the water supply and power supply company, the property management company has no right to interrupt the water supply and power supply to the owner without authorization.
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Summary. Kiss hello <>
The landlord does not have the right to stop the tenant's water and electricity from the property, this is <>< illegal acts
Does the landlord have the right to stop the tenant from using water and electricity?
Kiss hello <>
The landlord does not have the right to stop the tenant's water and electricity from the property, this is <>< illegal acts
Kiss hello <>
According to the relevant regulations, when the property management company does not pay the property service fee, it shall take legal means or ways to solve the problem, and cannot take measures to cut off water and electricity. <>
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Legal basis: Article 944 of the Civil Code of the People's Republic of China shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services. If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration.
Property service providers shall not use methods such as stopping the supply of electricity, water, heat, or gas to urge the payment of property fees. <>
I've been borrowing money for 18 years, and I have an IOU, which was written at the time to be paid off within two years, and I haven't paid it back until now, what should I do?
Can the resettlement community have property rights, small property rights, and those that are not recognized by the housing authority can be purchased?
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If you don't have a property right, you can't buy it<>
The resettlement community has property rights, small property rights, and can it be purchased if it is not recognized by the housing authority, and the two parties sign an agreement.
This is no, oh kiss <>
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If the property is cut off from water and electricity, you can directly complain to the administrative department of the property company; You can also go to the real estate administrative department to file a lawsuit, if the bureau is not good, you can directly sue the court to solve it, and the property company has no right to cut off water and electricity.
1. How to complain about water and power outages in the property?
First: the direct administrative department of the property management company is the local real estate administrative department, such as the local housing authority; If you want to invest in Tong, then sue the property company, go to the local real estate administrative department;
Second: If the complaint doesn't work, go through legal channels, and court litigation can also be resolved, and the lawsuit can usually be won.
In accordance with the Electricity Law of the People's Republic of China
Article 29 stipulates that power supply enterprises shall continuously supply power to users without interruption when the power generation and power supply systems are normal. When it is necessary to interrupt the power supply due to the maintenance of power supply facilities, power rationing in accordance with the law, or the illegal use of electricity by the user, the power supply enterprise shall notify the user in advance in accordance with the relevant provisions of the state.
Article 65 stipulates that if a consumer violates the regulations, endangers the safety of power supply and electricity use, or disrupts the order of power supply and use, and the circumstances are serious or refuses to make corrections after being ordered to make corrections by the electric power management department, the power supply may be suspended。
2. What are the responsibilities of a property manager?
Job Responsibilities in Property Management:
1. Under the leadership of the director of the property management department, the specific exercise of management, supervision and coordination of service functions.
2. Responsible for managing the company's cleaning, greening, public security, maintenance, reception, return visit and other services.
3. Comprehensively grasp the use process of regional property public facilities and equipment.
4. Coordinate the director to send and distribute documents on property management.
5. Participate in the regular meeting of the department presided over by the director, summarize the work of the month, and formulate a plan for the next month.
6. Responsible for discovering unqualified service items in operation, tracking and verifying, and handling complaints from residents.
7. Collect valuable property information and make suggestions for promoting the development of the company's property management.
3. What are the consequences of non-payment of property fees?
If the property fee is not paid, it may be sued to the court, and if the lawsuit is brought to the court, the court will usually advise the property and the owner to coordinate and settle the problem, and if the property fee is not paid, the court can enforce it.
Based on the above, water and power outages must be approved to implement, for the property is not the right to do so privately, and this kind of behavior, the owner can directly complain to the property company, but the premise must also have legal proof materials, if after the complaint Li Tong can not solve the problem, then you can only go through the legal procedures to solve.
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Legal analysis: It is illegal for a property to cut off water and electricity to the owner privately, but it is also illegal not to pay the property fee. You can complain to the property management company.
Legal basis: Civil Code of the People's Republic of China Article 286 Owners shall abide by laws, regulations and management regulations, and relevant acts shall comply with the requirements of resource conservation and protection of the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law to implement the emergency response measures and other management measures implemented by ** Nianfan in accordance with the law.
The general meeting of owners or the general meeting of owners shall have the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations and management regulations for acts that harm the legitimate rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, refusing to pay property fees, etc.
Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.
beat his ** every day until he annoyed him.
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