[Direct answer]No. The owner who defaults on the property fees shall bear the liability for breach of contract, but the property service provider shall not take measures such as cutting off electricity, water, heating, and gas supplies to urge payment. According to Article 944, Paragraph 3 of the Civil Code of the People's Republic of China (effective January 1, 2021), the property service provider shall not take measures such as cutting off electricity, water, heating, and gas supplies to urge payment of property fees; if the owner suffers damage due to the illegal suspension of water and electricity supply, the owner may request compensation. The property service provider shall recover the arrears through legal means such as litigation or arbitration, and shall not force the owner to pay by cutting off water and electricity supplies. It is recommended to fix the evidence of the suspension of supplies and safeguard one's rights according to law. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

The conflict between unpaid property fees and collection notices is quite common in community management. Typical scenarios include: owners suspending payments due to dissatisfaction with the quality of property services, followed by the property management posting notices stating "water and electricity will be cut off for unpaid fees"; some property management companies directly cut off water and electricity supplies to units in order to recover payments quickly; and disputes between owners and property management over issues such as shared costs and fee reductions for vacant units that remain unresolved, with the property management resorting to cutting off supplies as a form of pressure. Many owners mistakenly believe that "they can be disconnected for unpaid fees", and thus endure the situation in silence. For cases involving the ownership of housing and communities, relevant legal provisions should be consulted for further clarification.Real estate sales and construction project servicesPlease let me know about it at the same time.

II. Key points of contention

The focus of the dispute centers on three points. Firstly, the legality of the collection methods: whether it is within the property management's authority to cut off water and electricity supplies, as the Civil Code explicitly prohibits the use of such measures to collect fees. Secondly, the boundaries of responsibility: even if the owner owes fees, the property management must still compensate for the property losses and work-related losses caused by the suspension of services, and the two debts cannot be offset against each other. Thirdly, the handling of the unpaid fees themselves: the property management can recover the fees according to law, but it must go through litigation or arbitration, rather than taking self-help measures. For matters involving the interpretation of service contracts, reference can be made to relevant provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Law Firm

Based on our practical experience in handling property service and contract disputes, the most common legal misconceptions regarding property managers' use of water and electricity shut-offs to collect fees are "debt-for-debt settlement" and "bullying the weak". Water and electricity supply contracts are typically independent of property service contracts. Property managers are not water and electricity supply companies and have no right to cut off supplies without authorization. Their use of supply interruptions to force payments directly violates Article 944, Paragraph 3 of the Civil Code and may constitute an infringement of owners' legitimate rights and interests. Henglu Lawyers usually advise: When encountering supply interruptions, first fix notifications, photos, videos, and repair records to prove the property manager's shut-off actions and the resulting losses; at the same time, clarify the disputes over the amount of arrears and service quality, and handle them separately - either paying off the arrears according to the law or defending against them, and seeking compensation for the losses caused by the supply interruptions separately. For cases involving enforcement and compensation, relevant legal procedures can be combined accordingly.Creditor-debtor relations and enforcement case servicesCoordinate and advance in an integrated manner.

IV. Practical suggestions and legal basis

It is recommended that both owners and property management companies abide by relevant regulations: if owners are dissatisfied with the services, they should resolve the issues through homeowners' meetings, complaints, or litigation, rather than simply refusing to pay. Property management companies should issue written reminders, file lawsuits or apply for arbitration in accordance with the law, and strictly prohibit cutting off services. The legal basis for this is Articles 937 to 944 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (regarding property service contracts and prohibitions on collection), Article 577 (liability for breach of contract), and the provisions of the Property Management Regulations regarding property management obligations and owners' payment obligations. For losses caused by service disconnections, compensation may be claimed based on tort liability or contractual liability. Where evidence needs to be preserved, relevant evidence can be collected in conjunction with the above provisions.Special services and other case services.

5. Henglu Law Firm's Reminder

Not paying property fees does not mean that the property management company can cut off water and electricity supplies. The two are different legal relationships and cannot be treated as the same. If owners encounter supply disruptions, they should calmly gather evidence, report the issue promptly, and claim compensation rather than tolerating it. Property management companies should follow legal procedures to collect payments to avoid transforming themselves from "creditors" to "infringers". For disputes over service quality, it is recommended to resolve them rationally through negotiation, complaints, or litigation. For disputes involving large amounts or collective issues, it is advisable to consult professional lawyers to develop response strategies.

VI. Frequently Asked Questions

Q1: I owe the property management company money for unpaid property fees. Can they really cut off my water and TV service?

No. Article 944, paragraph 3 of the Civil Code explicitly prohibits property service providers from suspending electricity, water, heating, or gas supplies to collect unpaid property fees. Even if you do have unpaid fees, the property management company does not have the right to cut off supplies. They can only recover the fees through legal litigation or arbitration. If the property management company illegally suspends water and electricity supplies, it is an illegal act. You can require them to restore the services and compensate for the losses. Don't mistakenly think that if you owe fees, you "deserve to have your services cut off".

Q2: If the property management company illegally shuts off the water and electricity, what evidence should I prepare to protect my rights?

The core evidence includes: the "cut-off notice" or group message sent by the property management company, photos and videos of the water and electricity being cut off on the same day, repair and restoration records, the status of the water and electricity meters and corroboration from neighbors, bills for property losses caused by the cut-off (such as spoiled food and damaged appliances) and certificates of lost working time, as well as unpaid bills and communication records. The more materials can prove that the property management company implemented the cut-off and caused losses, the more assured the claim will be.

Q3: How much does it cost to hire a lawyer to sue the property management company for cutting off water and electricity?

The attorney's fees are negotiated between the law firm and the client, and are usually charged on a per-case basis. The specific fees shall be subject to the terms of the retainer contract, with no nationwide standard pricing. For some property-related cases, contingency fees may be applied, but there are strict restrictions. The litigation fees are calculated according to the Disputes Cost Payment Method, which are cumulative based on the amount in dispute and are borne by the losing party. Since the losses of a single household are usually limited, it is recommended to first assess the compensation amount and costs, prioritize negotiation or mediation, and then proceed with litigation if necessary.

Q4: How long does it usually take to resolve disputes over water and power outages in properties?

If both parties can reach an agreement, the case can be resumed and concluded more quickly; if it goes to litigation, the first-instance ordinary procedure will be concluded within six months and the summary procedure within three months. For cases with clear facts, the summary procedure is commonly applied, with a relatively short cycle. Cases involving loss appraisal will be correspondingly extended. Overall, it often takes several months from filing the case to making a judgment. It is recommended to fix the evidence of the supplier's breach of contract and the loss before litigation to shorten the cycle, and to apply for property preservation when necessary.

Q5: The property management company has cut off my water and TV services. What should I do first?

It is recommended to proceed in four steps: First, immediately take photos and videos of the scene of the water and electricity supply being cut off, and save the property's notice of water and electricity supply being cut off and the communication records; Second, request the property in writing to resume the supply and keep the repair receipts, and at the same time, verify with the water and electricity supply companies whether it is their operation; Third, sort out the property losses caused by the water and electricity supply being cut off and collect the bills; Fourth, if no agreement can be reached, promptly sue or file a complaint, and claim to resume the supply and compensate for the losses. Keep all the evidence throughout the process, and if necessary, hire a lawyer to intervene.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.