What should I do if I am in arrears? What should I do if the landlord defaults on the strata fee?

The settlement of arrears of strata fees is as follows:

1. Through the first inquiry, door-to-door visits, etc., to understand the reasons for the owner's arrears of property fees, if the problem reflected by the owner is real, and can be solved within the scope of the property service company, it should actively solve the problem for the owner until the owner is satisfied;

2. After solving the problem, if the owner is still unwilling to pay the property fee, while further communication, a notice of reminder of the property fee can be issued, giving him full time to consider whether to pay the property fee, and the list of persons who refuse to pay the property fee in a prominent position in the property management area shall be publicized;

3. Establish a system for copying arrears to the staff of organs and institutions, and copy the list of cadres and employees who do not support property management and fail to pay property service fees in a timely manner to all units, and urge them to cooperate with property management work and pay property fees as soon as possible;

4. After the above communication, if the property service fee is not paid within the time limit, the property service enterprise shall file a lawsuit with the people's court in the form of judicial litigation, and the court shall intervene to accept the case of failure to pay the property fee within the time limit.

Legal basisArticle 41 of the Property Management Regulations.

The owner shall pay the property service fee according to the agreement of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, 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.

The owner of the property shall pay the property service fee in accordance with the agreement of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.

Article 65.

In violation of the property service contract, if the owner fails to pay the property service fee within the time limit, the owner's Laoshan 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.

Legal analysis: 1. The owner takes the initiative to pay the property fee, and then the property company applies to the people's court to withdraw the lawsuit. 2. Mediate under the auspices of the court, for property fees, late fees or liquidated damages, and litigation fees, the owner can take photos and record them in the community, and compare the property service contract, the property company does not serve in accordance with the contract, or the negative service of the property has caused any loss to the owner's home, and even the property has encroached on the owner's common income, etc., the main purpose is to make the property company give in, and strive for the property fee discount, cancel the late fee, and bear the litigation fee.

3. In the case of mediation and negotiation can not be agreed, the court will arrange **, the main burden of proof of the owner to collect the property service is not in place to retain evidence, ** can require the property company to provide evidence of fulfilling the contractual obligations, according to the actual situation, after waiting for the court judgment. If the landlord is not sufficient, try to go through the mediation channel.

Legal basis: Article 286 of the Civil Code of the People's Republic of China: 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 in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has 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 lawful 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, and refusing to pay property fees. 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.

The property management service enterprise shall provide a certain standard of service in accordance with the provisions of the property management service contract, and the owner shall pay the property management service fee on time. The owner's failure to pay the property service fee not only violates the property service contract, but also infringes on the interests of other owners who pay the fees on time, and infringes on the common interests of the owners. Therefore, if the owner fails to pay the property service fee within the time limit, he shall bear the corresponding legal responsibility.

Here's how a landlord can win a lawsuit for arrears of property fees:

One of the parties (plaintiff) submits a complaint, sues to the court, and the court will serve a copy of the complaint to the defendant after the case is filed, and then the defendant submits a reply to follow, investigate, debate, and mediate, and the court makes a mediation statement or a judgment of first instance, and if both parties do not appeal, the judgment takes effect; or the first nuclear party quietly appeals and enters the second-instance trial procedure, and so on.

As long as the evidence is sufficient, the landlord can generally win the lawsuit for arrears of property fees.

Duties and Obligations of the Strata Company:

1. In terms of safety, we must do a good job in safety management. If a safety accident occurs, the management of the property company can immediately take emergency measures, and also need to report to the superior unit to do a good job of rescue. The property company will employ security personnel to take 24-hour security precautions for the safety of the community.

2. In terms of public facilities management, it is necessary to manage some roads in the community, including the site, as well as parking spaces, Haoshiqing underground garage, etc., about the elevator in the community, these public facilities should be maintained and managed to ensure the safety of use.

3. In terms of the environment of the community, the property company hires cleaning personnel to maintain and clean the public facilities of the community, so as to provide a clean, hygienic and tidy environment for the owners.

4. The property company also needs to perform the contract of the property, whether it is the security or cleaning of the community, including the owners of the community to provide convenient services, and at the same time, the friends must accept the supervision of the owners' committee and the owners. <>