Is it illegal for the property to lock the door because of a property fee dispute?

It must be illegal, and disputes can be resolved through legal means, but it is infringing on the property to take this way, you can complain to the property management department of the local housing authority, and in serious cases, you can also call the police.

Hello, in the case of the owner's refusal to pay or arrears of property fees, the property management service company files a lawsuit after the collection fails, and the owner often defends in the lawsuit on the grounds that the property management service company's service is defective and does not enjoy the service. Judging from the trial results, if the property management service enterprise has already provided services in accordance with the contract, the court will generally support the litigation claim of the property management service enterprise. If the property management service enterprise has defects in its services that affect the rights enjoyed by the owner, it generally only supports a certain percentage of the property fee request.

For disputes over property fees arising from vacant houses after occupying the house, the resolution varies from place to place. Some places, such as Lanzhou, stipulate that after a certain period of vacancy, such as three months, property service companies can only charge 70% of the property fee.

The judicial interpretation stipulates that if the property owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period of time after a written reminder, and the property management service enterprise requests the owner to pay the property management fee, the people's court shall support it. However, the people's court will not support the property management service enterprise where it has already provided services in accordance with the contract and relevant provisions, and the owner only uses the defense that he has not enjoyed or does not need to accept the relevant property management services. Therefore, the court will not be able to support the strata fee for the period when the house is vacant due to the owner's reasons, and the non-payment of strata fee on the grounds that the person living on the lower floor does not need to use the elevator.

However, it should be noted that the judicial interpretation does not stipulate whether the property management fee should be reduced when the property management services are not in place or defective affect the property management services that the owner should enjoy in the contract, and it needs to be further improved in judicial practice. Hope.

It is illegal to lock the door of a property.

Article 67 of the "Property Management Regulations" 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 within the time limit; If the payment is still not made within the time limit, the property management service enterprise may file a lawsuit with the people's court.

Locking the door of the property center of the community is not as serious as breaking the law, and at most it will be fine to criticize and educate. If a person is locked in the house, it is serious in nature, and it is an illegal restriction of personal freedom, and he faces public security punishment and must compensate the victim for mental injuries and other losses.

Legal analysisThe target of the crime of unlawful detention is any natural person who enjoys personal rights in accordance with law. As a personality right, the right to bodily liberty is an important part of personal rights, which constitute one of the civil rights systems, and the enjoyment of civil rights is based on the capacity for civil rights. All natural persons with the capacity for civil rights enjoy civil rights, including the right to bodily liberty, in accordance with the law.

The capacity for civil rights is the qualification granted by law to civil subjects to engage in civil activities, enjoy civil rights and bear civil obligations, starting from birth and ending at death, and all natural persons have equal capacity for civil rights. Therefore, the targets of the crime of unlawful detention include all natural persons, i.e., persons born on the basis of the laws of nature, that is, innocent citizens, erroneous persons, persons who have committed ordinary illegal acts, and criminal suspects. There is a view that the other person in the crime of unlawful detention refers only to a person who has the capacity to control his or her activities according to his own will, including those who have the potential capacity to do so, such as young children, drunken persons and sleeping persons.

However, it should not include people who do not have the ability to control their activities according to their own will, such as infants, severely mentally ill people.

Legal basisCriminal Law of the People's Republic of China Article 238 Whoever illegally detains others or illegally deprives others of their personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment.

Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law. Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs. Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

The property center is the common property of the owners, and it is reasonable and legal to close and lock it with the authorization of the owners' committee, but it is illegal to lock it without permission, and it is recommended that you protect your rights and interests in a legal way.

Is it illegal or illegal to lock the door of the property center of the community? You are guilty of breaking the law, and you lock the door of someone's property, can you do it?

Legal basis: Article 944 of the Civil Code of the People's Republic of China The owner 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 stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.

Summary. Hello! We will be happy to answer your questions: the tenant does not pay the strata fee, and the landlord does not have the right to lock the door of the property.

This is a violation of the tenant's rights. If the tenant defaults on the property fee, the property management company and the owner can protect their rights and interests by calling for payment or legal action, but they cannot collect the property fee by not allowing them to go home or cutting off water and electricity.

If the tenant does not pay the strata fee, does the landlord have the right to let the property lock the door?

Hello! We will be happy to answer your questions: the tenant does not pay the strata fee, and the landlord does not have the right to lock the door of the property.

This is a violation of the tenant's rights. If the tenant defaults on the property fee, the property management company and the landlord can protect their rights and interests by calling for payment or legal action, but they cannot demand the payment of property fees by not allowing them to go home or cutting off water and electricity. I hope my Bu Zhenxiao can help you!

Legal analysis: If you violate the law, you can choose to report to the police to protect your legitimate rights and interests.

Legal basis: Article 23 of the Law of the People's Republic of China on Public Security Administration Punishments Article 23 Anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be given a fine of up to 500 RMB: (1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, operations, medical treatment, teaching, or scientific research to be unable to proceed normally, and serious losses have not yet been caused; (2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places; (3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation; (4) Illegally intercepting or forcibly boarding or pickpocketing motor vehicles, ships, aircraft, or other means of transport, affecting the normal operation of the means of transport; (5) Disrupting the order of elections conducted in accordance with law.

Where a crowd is assembled to carry out the conduct in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Summary. The owner's failure to pay the property fee is indeed a violation of the provisions of the property contract, but the property cannot interfere with the owner's normal right of residence, and if the property continues for a long time or causes actual losses to the owner, the owner can claim compensation from the property in the form of a lawsuit.

Is it illegal for the property to lock the door because of a property fee dispute?

Hello. The property is illegal.

The owner's failure to pay the property fee is indeed a violation of the provisions of the property contract, but the property cannot interfere with the owner's normal right of residence.

It can be regarded as an illegal act, but blocking the door is generally one of the methods of last resort, in fact, the blocked party does not necessarily have a problem, when the contradiction between the two sides rises to irreconcilable, blocking the door may be the only way to speed up the progress of the solution, through blocking the door, you can urge the other party to solve the problem as soon as possible; This kind of local method can often be seen in modern society, and it is said that it is illegal, but as long as it does not cause major losses, if the two sides can solve it through negotiation, it is generally not pursued. The best way is that when a dispute occurs, the two parties still have to negotiate through communication, negotiation, and if the negotiation fails, they will sue the court and the court will resolve it.

1. What is a property dispute?

Property disputes are generally abbreviated from the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases. This interpretation was passed by the 1466th meeting of the Adjudication Committee of the Supreme People's Court for Hail on April 20, 2009, and is hereby promulgated, to take effect on October 1, 2009.

2. Settlement of property disputes.

1) The owner and the property management company negotiate to settle the matter.

The Property Management Regulations have clearly stipulated the rights and obligations between owners, owners' committees and property management companies, and owners and property management companies can voluntarily negotiate on an equal footing in accordance with relevant laws, regulations, management regulations and property management contracts, so as to resolve management disputes.

2) Mediation by a third party.

This means that the owner and the property management company can submit the dispute to a third party, and the third party will preside over the negotiation between the two parties, so as to facilitate the two parties to reach a mediation agreement on a voluntary and equal basis. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation, for example, mediation can be conducted by the people's mediation committee where the property company is located.

3) Submit to an arbitration institution for arbitration.

This refers to the fact that after a dispute arises between the owner and the property management company, in accordance with the provisions of Article 4 of the Arbitration Law of the People's Republic of China, the dispute shall be submitted to the arbitration institution with management rights, i.e., the arbitration commission where the property management company is located, to resolve the dispute in accordance with the arbitration clause in the property management company or the arbitration agreement voluntarily concluded after the dispute arises.

4) Complaints. In the event of a dispute between the owner and the property management company, the owner may complain to the local people's ** real estate administrative department at or above the county level where he is located in accordance with Article 49 of the Property Management Regulations.

5) Filing a lawsuit.

If the owner is still unable to resolve the dispute through the above four methods, he can sue the dispute to the court or directly file a lawsuit with the local people's court, and request the court to exercise its judicial power to resolve the dispute in accordance with the law.

6) Change of property management company.

If none of the above methods are satisfactory to the owner, the owner can change the strata company.