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Recently, live in Jin Feng the report of citizen Mr Zhao of village of Ou Zixin center, because of the service of malcontent property company, come 7 years, he never pay passes money property cost one minute. Before before long, property company sticks letter of one paper lawyer in his door mouth, if cost of property of or else pay is about to sue,inform him. Mr Zhao feels wrong to be in property company, make a hot line to our newspaper, the hope can clear up the responsibility among this.
Origin is the building is in quality problem to was not solved more
On May 30 morning, reporter and Ningxia always plain in the home that Chen Wei of attorney office solicitor comes to to Mr Zhao solely.
"Want to rain only, the kitchen is slack, the meal does not have method to do, oneself spend Qian Xiu to pass several times, still leaking. " Mr Zhao says, besides kitchen leakage rain, he the wall outside the dining-room of a 5 buildings, because blowout of well of 6 buildings conduit wides bubble causes wall skin,still written guarantee alkaline, winter central heating is not hot also, property company sends a person to maintain, broke the wall of conduit well a hole, also do not have repair up to now. Getting settlement all the time because of a lot of problem, he just rejects pay property cost.
Lawyer Chen Wei thinks solely, the problem such as a skin of the wall inside the leakage rain of kitchen housetop, dining-room, have corresponding responsibility principal part, cannot treat as the same, cannot reject pay property cost for former origin with this more.
Mr Zhao expresses, expend a respect to property, he what should hand in can be handed in certainly, it is he feels property company is in the process that handles these issues only, neither one makes clear positive attitude, make him very rusty, and property company falls in the premise that did not undertake communication with him, stick lawyer letter in door mouth, the reputation that he damaged on certain level counterpoises. In addition, after Chen Wei been seeinging a lawyer case solely, discover to the problem exists to the computation of fine for delaying payment in letter. "There is property to expend in lawyer letter is 4214 yuan, fine for delaying payment is 2991 yuan, and according to our country relevant law sets, amount of penalty due to breach of contract must not exceed 30% of the amount of contract total award. " Chen Wei explains solely.
Lawyer spot coordinates both sides to reconcile eventually
Subsequently, reporter group comes to village property Yinchuan limited company of green unripe service. Raise an a lot of doubt that come in the light of Mr Zhao, a controller of surname poplar expresses, company service is deficient in somewhat really, the problem that created Mr Zhao procrastinates to was not solved now all the time. See manner of property company controller is cordial, chen Wei of dimension authority solicitor approachs a theme continuously solely, spoke the purpose with bilateral and harmonious help.
After a bargaining, final this controller on the spot acceptance, property company will begin to handle these 3 questions that Mr Zhao raises as soon as possible, as to the fine for delaying payment that be expended because of the property that owe pay and produces, property company is OK derate, 4214 yuan property expends collection can. Handle program to what property company gives out, mr Zhao also expresses self-identity, he will sign relevant agreement with property company as soon as possible, settle owes the property cost of capture.
The lawyer has a word to say
Face property to serve dispute to fasten 3 big errors
Carry a such issue, chen Wei also sums up 3 errors that gave a lot of owner to go easily when facing property to serve dispute solely.
1. owner thinks property company did not sign property to serve a contract with his individual normally, property serves a contract to do not have sanction to him, but according to our country top people court explains the first about trying the judicatory of property dispute, the property contract that committee of the early days contract that construction unit and property company sign, owner and property company sign, have sanction to owner.
2. owner thinks everything puts in property management 's charge, but actually property regulation had detailed, specific provision to the service limits of property company, namely the communal road, provides net, establishment to wait dimension nurse inside the village is protected, and the problem of commodity house quality to owner, the responsibility principal part that should stipulate according to relevant law cause is corresponding will assume maintenance and compensatory obligation.
3. owner often can be not handled with property company pay property cost refuses for the problem, such meetings form vicious circle, of final fall victim still is broad owner.
