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Will not paying the property fee and receiving the lawyer's letter affect the credit investigation?
Generally, the default of property fees will not affect the credit investigation, because the credit investigation will be affected because the person subjected to execution fails to perform the obligations specified in the legal documents, and the people's court may take or notify the relevant units to provide assistance and record it in the credit investigation system. So next, I will bring you the knowledge about being sued for defaulting on property fees, which will affect personal credit information. Please read and understand the article I brought you.
1. Does the default of property fees affect the credit investigation?
The default of property fees will not directly affect the credit investigation, but refusing to perform the effective judgment of the court may affect the credit investigation. According to China's property law and property management regulations, it is the obligation of every owner to pay property fees. Refusing to pay property fees not only damages the legitimate rights and interests of property companies, but also infringes on the rights and interests of other owners who pay property fees. Property companies have the right to sue the court for compensation. At present, many cities in China have begun to pay attention to the problem of unpaid property fees. If the owner defaults on the property fees and shared utilities, the industry committee and the property service enterprise can call for payment at home or publicize it in a prominent position in the property management area to urge him to pay within a time limit. So far, the default of property fees will not directly affect the credit investigation. However, for those who fail to pay the property fee within the time limit, the property service enterprise may bring a lawsuit according to law. Through litigation, once the owner who defaulted on the property fee lost the case, the court supported the property company's claim through judgment. If the judgment has not been executed after it takes effect, the property management company may apply to the court for execution. If you still refuse to implement it at this time, it is likely to have an impact on the personal credit information of the owners who are in arrears with property fees.
Second, the owner refused to pay the property fee. Does the property company have the right to cut off water and electricity?
According to Article 45 of the Property Management Regulations, water supply, power supply, gas supply, heating, communication, cable TV and other units within the property management area shall charge relevant fees to the end users. If the owner signs a contract with the water supply and power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and power. The property company is not a party to the water supply and power supply contract and has no right to interrupt the water supply and power supply to the owner without authorization. Property companies have no right to cut off water and electricity. Because the owner did not pay the property service fee on time, it violated the property service contract signed with the property company. As a property company, we should urge the owners who have breached the contract to pay compensation according to the contract or solve it through legal channels. The law does not give property companies the right to cut off water and electricity. In addition, the owner's water supply and power supply are obtained after signing water supply and power supply agreements with water supply companies and power supply companies respectively and paying relevant fees. It is not the same as the property service fee that the owner has to pay.
Third, how to add liquidated damages for default on property fees to the contract?
The liquidated damages in arrears of property fees can be added to the contract after consultation with the owners' committee.
People's Republic of China (PRC) Civil Code
Article 937 Definition of Property Service Contract A property service contract is a contract in which a property service provider provides property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order to the owners within the property service area, and the owners pay property fees.
Property service providers include property service enterprises and other managers.
Article 938 Contents and Forms of a realty service contract The contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term and service handover.
The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.
The realty service contract shall be in written form.
Validity of the realty service contract The prophase realty service contract concluded by the construction unit and the realty service provider according to law and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.
I will tell you in detail about the knowledge that being sued for defaulting on property fees will affect personal credit information. Arrears of property fees will not directly affect your credit information, but refusing to perform the effective judgment of the court may affect your credit information.
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