[Direct answer]It's possible to sue. The stairwell is a common area and public passageway for all owners. Piling up clutter infringes on the right of common ownership, obstructs passage, and poses fire safety hazards. The path of safeguarding rights is progressive – first, the property management company issues a written notice; then, the homeowners' committee or neighborhood committee mediates; if these efforts fail, the case can be reported to the fire department and urban management department (a fine can be imposed for blocking fire exits); if all these efforts still fail, a lawsuit can be filed to remove the obstruction and clear away the items. The property management company's "indifference" is not the end – the target of the lawsuit is the owner who piled up the clutter, not the property management company itself.

I. Problem Background and Typical Scenarios

The neighbors piled up old furniture, cardboard boxes, and bicycles in the stairwell, but the property management company only came to deal with it twice and then gave up. The fire hazard was obvious to the naked eye, and the escape routes were blocked to the point of being barely passable. Clutter in stairwells is a persistent problem in old residential communities. In fact, there are already comprehensive legal measures in place, but the key is to follow the right approach.

II. Key points of contention

First, the legal basis for the illegality of stacking items in stairwells. Second, the departmental channels for complaints and reports. Third, the targets of the lawsuit and the claims made. Fourth, the collection and preservation of evidence.

III. Professional analysis by Henglue Law Firm

First Level: Legal Basis for Illegality The stairwell is a common area within the building’s joint ownership—Articles 271 and 274 of the Civil Code of the People’s Republic of China stipulate that owners have the right to jointly manage and use common areas. Piling up clutter in the common area violates Article 286 of the Civil Code, which requires owners to comply with laws, regulations, and management rules and not to infringe upon others’ legitimate rights. Fire safety regulations are even stricter—Article 28 of the Fire Control Law of the People’s Republic of China prohibits occupying, blocking, or sealing evacuation routes and safety exits. Violators may face warnings or fines of up to 500 yuan (higher for organizations) under Article 60, and forced removal with costs borne by the violator if they refuse to rectify the situation. Second Level: Legal Strategies 1. First-level property management—Submit a written complaint (via WeChat and hard copy) to the property management company, demanding they fulfill their management obligations and retain the response. 2. Second-level self-governance—Coordinate with the homeowners’ association, neighborhood committee, or community police to file a collective complaint, which carries more weight than individual complaints. 3. Third-level enforcement—Report the obstruction of evacuation routes to fire control authorities (with clear penalties under the Fire Control Law) or to urban management or district authorities (for clean-up campaigns during hygiene improvement initiatives). Legal enforcement is the most direct and cost-effective solution. Third Level: Litigation Strategies 1. Targets—The clutter-creating owner (who bears the duty to remove obstacles) and the negligent property management company. If the property management fails to fulfill its obligations, damages (e.g., obstruction of passage, safety risks) can be claimed concurrently or separately under the service contract. 2. Claims—Remove obstacles, restore the stairwell, and recover the original state. 3. Key requirements—Plaintiff eligibility (e.g., co-owners or neighbors affected by shared rights), clear evidence of the clutter’s location and perpetrator. 4. Simplified procedures for small claims with manageable timelines. 5. Enforcement after judgment—Apply for forced execution (court-organized removal). Fourth Level: Evidence Collection - Timed photos/videos (with time stamps and location markers) - Property communication records - Fire safety reports and complaints - Evidence of damages (obstructed passage, damaged property, safety incidents) - Neighbor signatures (multiple plaintiffs or corroborating witnesses) - Professional certifications from fire safety authorities Fifth Level: Practical Tips - Prioritize administrative enforcement over litigation for stairwell clutter—fire safety reports often resolve issues immediately. - Use soft measures (mediation) and hard-line approaches (legal action) to avoid escalating conflicts. - This type of litigation typically has high success rates in property disputes, with the challenge lying in convincing clients to pursue legal action.

IV. Practical suggestions and legal basis

The first step is to issue a written notice: Report the situation to both the property management company and the owner of the stacked goods in writing to keep a record; The second step is to file an administrative report: Report the obstruction of fire exits to the fire rescue authority for punishment; The third step is to initiate a lawsuit as a backup: File a lawsuit for removal of obstructions to clear the stacked goods; The fourth step is to preserve evidence: Archive a set of materials including regular video footage, communication records, and report receipts. Main legal basis: Articles 271, 274, 286, and 288 of the Civil Code of the People's Republic of China; Articles 28 and 60 of the Fire Control Law of the People's Republic of China; Specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

There are three key points regarding the storage of items in stairwells: 1. Stairwells are public passageways, and storing items there constitutes an infringement of rights. 2. Reporting fire safety violations to the authorities is often faster than litigation, as administrative enforcement can be implemented directly. 3. The lawsuit targets the property owners who store items, and evidence should be collected systematically and promptly. For property disputes, you can seek resolution through legal channels.Real estate transactions and construction projectsThe service obtains an overall solution, which involves the integration of neighboring relationshipsDivorce litigation and family disputesFor the plate, regarding its infringement compensation, you can refer to the relevant provisions.Personal injury and medical disputesThe column, which involves community governance, is available for consultationSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can we sue the property management company for its negligence?

Yes. The property management company has the obligation to provide management services. If it fails to take action after being reminded, the owner can claim breach of contract according to the property service contract; the subject of the obligation to clear the garbage is still the property owner.

Q2: Is it useful to report the situation to the fire department?

This is very useful. There are clear penalties for blocking evacuation channels. If someone refuses to correct the behavior after being ordered to do so, the authorities can forcibly remove the obstruction, and the costs will be borne by the person responsible for the obstruction.

Q3: What evidence do I need to prepare for the lawsuit?

The photos and videos of piled-up items with time stamps, communication records with the property management, fire reporting receipts, and materials signed by neighbors must clearly show the location and the information of the person involved.

Q4: What should I do if the other party refuses to move out after the court's ruling?

When applying for court enforcement, the court may organize the removal of the piled-up items, and the expenses shall be borne by the person subject to enforcement. If the person refuses to comply with the court's order, the court may take coercive measures such as fines.

Q5: Is it illegal to place a shoe cabinet at the entrance of one's own home?

It is equally illegal to occupy common areas and obstruct traffic and fire safety. For minor violations, the focus will be on rectification and guidance. Those who cause obstructions or potential safety hazards will face removal and punishment.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines 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, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available 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. If a dispute arises, please consult a practicing lawyer in a timely manner.