Can the landlord refuse to pay the property fee if the new house is flooded?

No. Unless you refuse to hand over the house and you refuse to hand over the house, the property fee incurred at this time will be borne by the developer.

If it is a new house after the delivery of the house seepage, you should find the developer to repair and compensate for the loss of decoration, and it has nothing to do with the property company, you can find the property company to report the situation to the developer on your behalf.

The house was bought by the developer, not from the property company, so the quality of the house has nothing to do with the property company.

Therefore, there is no reason for you to refuse to pay the property fee, and if you refuse to pay the fee on this basis, if the property management company sues you, you will lose the case 100%.

Even if the property company and the developer are the same head office, legally speaking, this is not the responsibility of the property company.

The property management company only provides services in the common area, and the internal problems of the owner's house are the responsibility of the owner.

If the house is beyond the warranty period, the external walls and roof leaks can be repaired through the property or by yourself**.

This is not an excuse for refusing to pay the strata fee. If there is a water leakage problem in a new house, you can find a developer to deal with it, generally the house has a shelf life of several years, if there is a quality problem, you can let the developer solve it. If you can't find a developer, you can ask the property management company to assist in handling it, but you may have to advance funds for maintenance and so on.

No, if there is a problem, you can find a way to solve it, but the property fee is a management fee, which is not a reason for refusal.

Water seepage in new homes. You can find the property to solve it. If the property is not settled, the landlord can refuse to pay it. Strata fees.

If the seller does not repair it, he can repair it himself, but the seller needs to spend this money, and if he does not compensate, he can sue to solve it.

Summary. The "Commercial Housing Sales Contract" signed at that time has relevant provisions on the delivery standards, and if it does not meet the delivery standards, you can protect your legitimate rights and interests through legal channels. And in the "Residential Quality Assurance Certificate" given to you by the developer, the state stipulates the minimum warranty content and duration for some contents, which is generally five years.

If the warranty period has passed, if the house has passed the warranty period, the developer will not make a warranty for this, but the property should bear the obligation to assist the owner to solve the water leakage problem, and the property company can assist the owner to contact a professional waterproof leakage repair company to serve the owner, but the cost of the problem, the owner independently negotiated with the company.

It has been leaking since the handover! I paid the property fee for two years! If you don't give it to repair, you haven't paid it for three years and you haven't given it for repair.

There were about five thousand losses.

Hello dear. We're happy to answer your <>

It is unreasonable to refuse to pay the strata fee due to the water leakage of the house, so it is not feasible for the owner to refuse to pay the strata fee only on the basis of poor maintenance of the parts used in the common book. According to the relevant laws, the property service company does not assume legal responsibility for the quality of the owner's interior decoration. If the house leaks, you will need to pay a strata fee.

If the leak in your house is an exclusive part of your home, then the property is generally not responsible for repairs, and the developer should be held responsible. If the house is not covered by the water leakage caused by the cover and for the reason within the warranty period, the company shall bear full responsibility.

If you do not meet the standards for deferring the delivery of housing, you can protect your legitimate rights and interests through legal channels. And in the "Residential Quality Assurance Certificate" given to you by the developer, the state stipulates the minimum warranty content and duration for some contents, which is generally five years. If the warranty period has passed, if the house has passed the warranty period, the developer will not make a warranty for this, but the property should bear the obligation to assist the owner to solve the water leakage problem, and the property company can assist the owner to contact a professional waterproof leakage repair company to serve the owner, but the cost of the problem, the owner independently negotiated with the company.

Mine is the top floor! The roof is waterproof and leaking.

If the property is not disposed of, you can complain to the neighborhood committee or file a lawsuit with the court.

Regardless of whether the property with water seepage on the external wall can refuse to pay the property fee, it can be dealt with through negotiation with the property management department.

Legal basis: Article 41 of the Property Management Regulations The owner shall pay the property service fee in accordance with 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.

Legal analysis: The property with a leaky house can not be exempted from paying the property fee. If the house leakage can be repaired by the property report housing maintenance funds, if it is still in the warranty period, then there is a construction unit to repair, waterproof maintenance period of 5 years, not to pay the property fee is not the solution.

If the property doesn't act, you can fire the property through the owners' committee or go straight to court to sue.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

Article 8 All owners in the property management area shall form a general meeting of owners. The general meeting of owners shall represent and safeguard the legitimate rights and interests of all owners in the property management area in the property management activities.

According to the regulations, the owner needs to pay the property fee in accordance with the regulations after receiving the house, and if there is a water leak in the house, it is impossible not to pay the property fee, and you can feedback to the property for processing.

If the property is not treated, you cannot refuse to pay the property fee. The property management contract and the house sale contract are two different legal relationships, and the defense of the quality of the house cannot resist the claim for the payment of property fees. According to the provisions, "if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses" and the principle of relativity of contract, and the property leakage of the house should be protected by means of negotiation or litigation with the developer, but if the property management company provides the corresponding services in accordance with the contract, Xiao should pay the property fee as agreed.

Owners need to be clear about the scope of property services. That is, the scope of property services is clarified through the property service excavation contract signed by both parties, and the reasonable reason for the owner's refusal to pay the property fee should be that the property company has breached the contract in the process of providing property services, and the premise of the property management company's breach of contract is that it has not fulfilled the property service obligations agreed in the contract, and the scope of performance of the property service obligations is the scope of property services, so the owner should determine the scope of property services according to the agreement between the owner and the property management company on property services. If the owner's defence is not within the scope of the property management service, it cannot resist the reasonable request of the property management company for the payment of the property fee. For example, if there is a problem in the common part of the owner's house, the property management company has the obligation to repair it, but for the problem that occurs inside the owner's house, it is not within the scope of the property management company's provision of property management services.

What are the consequences of refusing to pay strata fees?

1. Violation of the property contract.

According to the provisions of the property contract, the property management company provides property services for the owners of the community, repairs, maintains and manages the houses and supporting facilities and equipment and related sites, and maintains the environmental hygiene and order in the relevant areas. Landlords are required to pay a property management fee.

If the property management company does not violate the provisions of the contract, the owner of the community must pay the property fee in accordance with the contract. Once the owner refuses to pay the strata fee without reason, it is a violation of the provisions of the strata contract.

2. Get involved in judicial trouble.

If the landlord still fails to pay the strata fee for a long time under the supervision of the property, the property may sue the landlord who has not paid the fee, and the result of the lawsuit is to make up the strata fee.

3. May be blacklisted.

If the owner refuses to pay the property fee for a long time and still refuses to enforce it after the court judgment, then the court will include the owner's behavior in the credit system.

1. The property service contract between you and the property belongs to the property service contract, and the payment of the property fee belongs to your obligations as agreed in the property service contract, and the obligation must be fulfilled, so no matter whether the property company has fulfilled its management responsibilities, the property fee must be paid, and if you refuse to pay the property fee, if the property company sues you, you may lose the lawsuit. Therefore, it is not advisable to refuse to pay property fees to protect rights.

2. But can't you protect your rights and interests? Does the property just collect money and do nothing? Definitely not.

Your house has been damaged due to water seepage, and your property rights have been violated, and you certainly have the right to claim compensation from the infringer. In this case, since the cause of the damage to your house was water seepage, and the cause of water seepage was the illegal renovation of the public sewer pipe on the 4th floor, the owner of the 4th floor was at fault and must be the infringer and should bear the liability for compensation. Although the property cannot contact the owner of the 4th floor, and the property itself has no enforceability, it cannot be repaired, but the court has enforceable force, but the property has not further taken the way of litigation to deal with it, and the property still has not fulfilled its responsibility for the management of the common part, and the property still has an unshirkable responsibility for the damage to your house.

3. Therefore, the key to this case is that to determine the cause of action, it should be sued as a tort lawsuit, and not involve the property service contract relationship, because the tort lawsuit and the property service contract dispute are not the same legal relationship. There are two main points in your lawsuit, first, to require the 4th floor to stop the infringement, and second, to require the 4th floor and the property to bear joint and several liability for your losses, and there is a great chance of winning the lawsuit in legal theory.

According to Article 51 of the "Property Management Regulations", units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall bear the responsibility for the maintenance and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with the law. Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the need for repairs or maintenance, they shall promptly restore them to their original state. Article 64, in violation of the property service contract, 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 overdue file is still not paid, the property management service enterprise may file a lawsuit with the people's court.