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How to solve the property lawsuit against the owner
After being sued by the property, the owner can take the following measures to solve it:
1. Respond positively or communicate with the owner: the owner shall pay the property fee as agreed in the property service contract. If sued by the property management company, the property management fee shall be settled at the property in time, and the liquidated damages (late fees) shall be paid according to the contract. If the owner thinks that the property fee is controversial, he can communicate with the property.
2. Seek legal aid: If the owner lacks legal knowledge, he can seek legal aid, consult the local legal aid center and apply for free legal aid.
3. Evidence preparation: the owner needs to prepare relevant evidence, including property service contract, payment record, dunning notice, etc. To prove that he has fulfilled his contractual obligations.
4. Attend the court hearing: The owner needs to attend the court hearing on time, and reply and give evidence on the litigation request of the property management company.
5. Judgment execution: If the owner loses in the trial, the judgment of the court needs to be executed. If the judgment contains requirements for paying property fees and late fees, the owner shall perform them on time.
Does the owner need to pay a late fee for suing?
Property suing owners needs to pay late fees. Failure to pay the property fee violates the property service contract signed by both parties, so the late payment fee is actually a liquidated damages. If there is a late payment clause in the contract, it shall be implemented according to the contract. If there is no agreement in the contract, the property management unit shall not collect it without authorization.
To sum up: being sued by the property is not a trivial matter. If the owner does not take measures in time, it may cause unnecessary losses to himself. Therefore, the owners should take it seriously, deal with it actively, communicate with the property owners, and reach a settlement or solve the problem.
Legal basis:
property management regulations
Article 49
Public buildings and facilities planned and constructed within the property management area shall not be changed. If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.
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