How long does it take for the property management fee to be sued? What will happen if the property management fee is not paid and the lawsuit is filed?

Recently, some friends often mention the topic of property fees in some chats. So today we will take a look at how long it will take for the property fees to be sued if they are not paid? What will happen if you are sued for not paying the property fees? What are the consequences of not paying the property fees and being sued? I hope it will be helpful to your life.

Contents of this article

1. How long will it take for the property management fee to be sued if it is not paid?

2. What are the consequences of being sued for not paying property management fees?

3. What will happen if you are sued for not paying the property management fee?

How long will it take for the property management fee to be paid before being sued?

The law does not stipulate the time limit for being sued for non-payment of property management fees. If the property management company has fulfilled the reminder procedures and the owner still refuses to pay, the property management company can sue.

After the court’s ruling, the owner needs to pay the property management fee according to the ruling. If the owner still refuses to pay, the property management company can apply to the court for compulsory execution.

【Legal basis】

Article 41 of the Property Management Regulations stipulates that owners shall pay property service fees in accordance with the provisions of the property service contract.

If the owner and the property user agree that the property user shall pay the property service fees, the owner shall bear joint and several payment liability in accordance with the agreement.

For properties that have been completed but not yet sold or handed over to the property buyer, the property service fees shall be paid by the construction unit.

What are the consequences of not paying property fees and being sued?

1. Violation of the property management contract. First of all, the owner pays the property management fee in accordance with the provisions of the property management contract, and the property management fee standard is also stipulated in the property management contract. If the owner does not pay the property management fee, it means that the property management contract has been violated, and the liability for breach of contract will be on the owner's side. Once a dispute arises later, the owner will be at a disadvantage.

2. Involved in legal troubles. If the owner does not pay the property management fee for a long time, it will trigger other owners to follow suit. If most owners in a community do not pay the property management fee for a long time, the normal operation of the community will be affected. If many people do not pay the property management fee for a long time, the property management will sue the owner who has not paid the fee. The result of the lawsuit is to make up the property management fee, because the owner who does not pay the property management fee is the party at fault, and will definitely lose the case if sued.

3. Blacklisting. Once the owner fails to pay the property management fee and enters the judicial process, the court will require the owner to enforce the obligation to pay the property management fee. If the owner still refuses to pay the property management fee after the court's judgment, the court will include this behavior in the credit reporting system. Many cities now have this provision, which can be used to punish "old debtors" who maliciously refuse to pay property management fees. At the same time, it is conducive to the formation of the entire social credit system.

What will happen if I am sued for not paying the property management fee?

The property management company will sue the owner who has not paid the fee, and the result of the lawsuit is that the owner must make up the property management fee. According to the provisions of the Property Management Regulations, the owner should pay the property management fee according to the provisions of the property management contract. If the owner violates the property management contract and fails to pay or refuses to pay the property management fee without a legitimate reason, the owner's committee has the right to urge him to pay within a time limit; if he still fails to pay after the time limit, the property management company can sue him in the People's Court.

If the owner refuses to pay the property management fee without a legitimate reason after being reminded in writing or still fails to pay the property management fee within a reasonable period of time, and the property management company requests the owner to pay the property management fee, the people's court should support it. If the property management company has provided services in accordance with the contract and relevant regulations, and the owner only uses the reason that he has not enjoyed or does not need to accept the relevant property management services as a defense, the people's court will not support it. Therefore, if the owner refuses to pay the property management fee without a legitimate reason, he will bear the liability for breach of contract to the property management company and bear all adverse consequences of losing the case.