If you don t pay the property fee, will there be a water and electricity outage?

First of all, the law says that the property does not have the right to cut off water and electricity to you.

Water and electricity are the necessities of the life of the owners of the community, even if there is an agreement in the contract on the forced water and power cut-off, the property management company cannot use the forced water and power cut-off as a means to require the owner to pay all kinds of fees. If the owner fails to pay the fees, the property management company shall negotiate with the owners' committee to settle the matter, or sue the people's court to demand that the owner in arrears pay the fees and liquidated damages. Take a look at the following examples:

Narrative of the case. On a certain day in March 1998, Mr. Zhang signed a "Housing Sales Contract" with a real estate company and purchased a set of houses developed by him. In March 1999, when Mr. Zhang checked in, he signed a Property Management Agreement with the real estate company, which stipulated that "the property management company has the right to take compulsory measures against the owners and users who fail to pay various fees without reason, such as cutting off water and electricity, or filing a lawsuit with the court."

Since January 2001, after a property management company settled in the community, it repeatedly urged Zhang to pay the property management fee, but Zhang never paid. From December 2001 to January 2002, in order to enable Zhang to pay off the arrears of property management fees, the property management company cut off the water and electricity of Zhang's house several times, for a total of 39 days.

Thereafter, Zhang sued the court on the grounds that the property management company had infringed on his property rights, demanding compensation for the loss of rent for renting a house during the water and power outages because his house was unoccupiable.

Verdict. The court held that the above statement of the owner Zhang was true, and held that the water and power cuts were the means for the water supply department and the power supply department to resist the user's failure to pay the water and electricity bills, and it was inappropriate for the property management company to use the means of water and power outage to collect the property management fees, so it should bear the losses caused thereby. Finally, the court ordered a property management company to pay the plaintiff's losses at the same rent rate for the same lot.

In the property management contract, it is agreed that in the case of arrears of the owner, the property management company can use water and power outages as a means of punishment, which is a contract clause involving him in the contract law, and according to law, such a clause should obtain the consent of the right holder, otherwise, it is an invalid clause, and the owner can pursue the property management company's tort liability for damages.

The parties to the water supply and power supply contract are the owner and the water supply and power supply company; The parties to the property management contract are the owner and the property management company, and the two are different legal relationships. The right to cut off water and electricity is an important right of defense for the performance of the contract of the water supply and power supply enterprise, and the property management company is not the water supply and power supply person in the community, so it naturally does not enjoy the right to water supply and power supply.

No, there will be no water outages, but there will be people urging you to pay the electricity is from the power supply bureau, and the water supply property doesn't matter, if you don't pay the electricity bill, there will be a power outage.

We paid the property fee, and it was dark at night in the community. There are street lights, he doesn't turn them on for you, female colleagues are robbed repeatedly at night, they are all on the news, and no one cares about them, and the city within the city in Yantai I don't think it can catch up with the countryside.

If it really stopped, it would be pitch black everywhere in Tongshi New Town[em17].

I'm worried about it too... I haven't paid it yet, but the day before yesterday, the property called ** and urged me to hurry up and pay the money, [em06].

Brother, the family life is hard, yes, if you don't pay it, it will be even harder.

Legal analysis: If you don't pay the property fee, you can't cut off the power and water. If the owner fails to pay the property fee in time, the property management company has the right to require the owner to pay the property fee and require a certain amount of liquidated damages.

The provider of water supply is the water company and the power supply bureau, only the water company and the power supply bureau have the right to terminate the ** water and electricity through legal procedures, and the property company has no right to cut off water and electricity to the owner in the absence of an agreement in the contract.

Legal basis: Property Management Regulations

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 property user agree that the property user shall pay the service fee for the property spine disturbance, the owner shall be jointly and severally liable for the payment. For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.

Article 44: Within the property management area, units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television 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.

Article 65 In violation of the property management service contract, the owner fails to pay the property management service fee within the time limit, the owners' committee shall urge it to pay within the time limit; If the property management service enterprise still fails to pay within the time limit, the property management service enterprise may file a lawsuit with the people's court.

1. If the owner does not pay the property fee, whether the property will be cut off from water and electricity depends on the actual situation.

2. However, if the owner does not pay the property fee, the property management service company has no right to urge the payment of the property fee by stopping the power supply, water supply, heating supply, gas supply, etc. If the water and electricity are cut off without authorization, the property will be involved in violating the law.

3. Legal basis: Article 944 of the Civil Code of the People's Republic of China [Obligation of the Owner to Pay Property Fees].

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.

1. How much can you be sued for arrears of property fees?

In fact, whether a landlord will be sued by the property for defaulting on strata fees does not depend on the amount of arrears. The property owner owes the property fee to the property management company, which is a civil dispute. Therefore, even if the owner owes the property fee of $1, the property can file a lawsuit at any time within the general statute of limitations of two years for such civil cases, demanding that the owner pay the property fee and compensate for the loss.

If the property is to sue, it will generally take the following steps:

1. File a lawsuit.

That is, the parties who have an interest in the case file a claim with the court that they believe has jurisdiction. In accordance with the laws of various countries, after the court decides to accept the proceedings, it will serve a copy of the complaint on each defendant and give the defendant a deadline to file a reply.

2. Prepare for defense.

In practice, once the defendant has made a substantive reply to the court on the matter to be prosecuted, it has accepted the jurisdiction of the court, and it may not raise a defense on the ground that the court lacks jurisdiction in the future.

3. Evidence preservation.

That is, if there is a risk that all evidence related to the case will be lost, obliterated or difficult to use in the future, one party may apply to the court before or after filing a lawsuit to request the court to take necessary measures to preserve it.

4. Provide evidence for quiet judgment.

If a litigant wants to prove the facts he asserts in the litigation or wants to do so, he must first present evidence to prove it, and the evidence includes human evidence, physical evidence, documentary evidence, appraisals, inquest records, etc.

5. Preservation measures.

In order to prevent the defendant from concealing the lease or, selling or transferring the property, so that the plaintiff will get nothing when he wins the lawsuit in the future, so that the court's judgment cannot be enforced, then it is necessary to apply for preservation procedures in a timely manner.

6. Case trial.

The specific hearing and defences are determined in accordance with the court of jurisdiction chosen.

7. Adjudication and appeal.

After the court makes the first-instance judgment, if there is any dissatisfaction, then you can appeal in time.