Do you have the right to cut off water and electricity if you don t pay the property fee?

They cry and actually leave.

According to Article 2 of the Property Management Regulations, property management services refer to the maintenance, maintenance and management of houses and supporting facilities and equipment and related sites, and the maintenance of environmental sanitation and related order in relevant areas.

Generally speaking, property services include comprehensive management, maintenance and management of housing and common facilities and equipment, public order maintenance, cleaning services, greening management, decoration management services, parking management services, etc.

The parties to the water supply and power supply contract are the owner and the water supply and power supply company; The parties to a property management contract are the owner and the property management company, and the two are in 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 company, and the property company is not the subject of the water supply and power supply contract, so naturally it does not enjoy the right to supply water and electricity.

In the property management contract, it is stipulated that in the case of the owner's failure to pay the property fee, the property management company can use water and power outages as a punishment method, which is a clause related to other parties in the contract law, and according to the principle of relativity of contract, 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 damages liability. In this case, if the property management company cuts off water and electricity without authorization and causes losses to the water supply and power supply company, the water supply and power supply company can also claim compensation from the property management company.

Legal analysis: the provision and use of water, electricity and gas is a kind of legal relationship between the owner and the water, electricity and gas business, and the relationship between the owner and the property company is the legal relationship of property services, and the property company has no right to stop water, electricity and gas to the owner. If the owner takes the property management company to court, the property management company needs to restore water, electricity and gas**, and will also compensate for the loss of all relevant economic benefits arising from the shutdown of water, electricity and gas**.

Legal basis: Article 44 of the "Property Management Regulations" 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.

1. Does the property have the right to cut off water and electricity if it does not pay the property fee? Under normal circumstances, the property does not have the right to cut off water and electricity, according to the provisions of the "Property Management Regulations of the People's Republic of China", if the owner fails to pay the property service 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 service enterprise may file a lawsuit with the people's court.

2. 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 enterprises, in the property management contract, the property company can take the water and power outage as a means of punishment, and it is a contract clause in the contract law, and this clause should be subject to 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. 3. In the property management area, water supply, power supply, gas supply, heating supply, communications, cable TV and other units shall collect relevant fees from end users. Therefore, the two parties to the water and electricity contract are the supplier and the actual owner, and the property can only urge the owner to pay the fee through legal means when the owner does not pay the property fee, and has no right to cut off water and electricity.

Is it illegal to force the property to cut off water and electricity? It is illegal to force a property to cut off water and electricity. According to the laws of our country, if the owner violates the agreement and fails to pay the property fee within the time limit, the property service personnel can urge him to pay within the time limit of the oak association, and if he still fails to pay within a reasonable period, he can file a lawsuit or apply for arbitration, but he cannot stop the power supply, water supply, heating supply, gas supply and other ways to urge the payment of the property fee.

According to 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. Legal basis: Article 944 of the Civil Code of the People's Republic of China; 【Obligation of the owner to pay the property fee】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.

The owner and the property management company are equal civil subjects, and both parties should perform their obligations in accordance with the contract. 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. However, the property management company does not have the right to take measures to cut off water and electricity.

The owners in the same property management area shall establish a general meeting of owners under the guidance of the real estate administrative department of the district or county where the property is located or the street office and township people, and elect the owners' committee. However, if there is only one owner, or where the number of owners is small and all the owners unanimously agree, and it is decided not to establish an owners' general meeting, the owners shall jointly perform the duties of the owners' meeting and the owners' committee.

Owners have the following rights in property management activities:

1. Accept the services provided by the property service enterprise in accordance with the property service contract;

2. Propose to convene a meeting of the general meeting of the owners of the property and make suggestions on matters related to property management;

3. Propose to formulate and revise the management regulations and the rules of procedure of the owners' general meeting;

4. Participate in the meeting of the general meeting of owners and exercise the right to vote;

5. Elect the members of the owners' committee and enjoy the right to be elected;

6. Supervise the work of the owners' committee;

7. Supervise the performance of property service contracts by property service enterprises;

8. The right to know and supervise the use of the common parts of the property, common facilities and equipment and related sites;

9. Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);

10. Other rights stipulated by laws and regulations.

Laws and Regulations

Civil Code of the People's Republic of China

Article 942: Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, and manage the common parts of the property management service area, maintain the basic order in the property management service area, and take reasonable measures to protect the personal and property safety of the property owners.

For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

The property company does not have the right to cut off water and electricity, water and electricity are the necessities of the owner's life, and there is an agreement on the forced water and power cutoff in the contract. When encountering this kind of problem, the following methods can be adopted: 1. Call ** to the property company for repair and ask them to check and deal with it; 2. Call ** to the water company and the power company to complain and ask them to solve it; 3. Find the water and electricity switch and deal with it yourself.

Under what circumstances can you not pay the strata fee?

1. The house has been rented out.

If the property is rented out, the tenant needs to bear the strata fee, so it should be clearly written in the lease contract that if the tenant does not pay the strata fee on time, then the landlord needs to bear the strata fee himself.

2. No property service contract has been signed.

If the strata company and the landlord have not signed a strata contract, then the landlord has the right to refuse to pay the strata fee, but if the strata company has signed a contract with the owners' committee and has not signed a contract with the landlord personally, then the landlord still needs to pay the strata fee.

3. Raising property fees without authorization.

If the property management company expands the fee without authorization, raises the fee standard, etc., the owner can raise an objection and refuse to pay the property fee.

4. There is a problem with the property qualification.

When buying a house, most owners will look at the property qualifications, and the property management company charges the property fee must be reviewed by the local price bureau. Only after this review is passed, the property is eligible to collect the property fee, otherwise the owner has the right to refuse to pay the property fee, and the property can be complained to the Price Bureau.

5. There are quality problems in the house.

If there are serious quality problems in the house and it does not meet the delivery standards, then the owner can refuse to pay the property fee during this period, and the property fee will be borne by the developer, and the owner does not need to pay the property fee.

6. Additional services provided by the property.

If the strata company provides additional services that are not agreed in the contract, the landlord has the right to refuse to pay the strata fee, and even if the strata company sues the landlord, it will not be supported by the court.