If the property manager cuts water, power, heat, or gas to force you to pay property fees, complain to the local real-estate authority; if you owe the fees, the manager may only demand payment, sue, or apply for arbitration

The property manager must not cut water, power, heat, or gas to force you to pay property fees; if it happens, complain to the local real-estate authority. If the manager provided the contracted services, you cannot refuse to pay on the ground that you “did not use them”; if you still do not pay, it can sue. Unauthorized extra or duplicate charges you may refuse, and what you already paid you can get back.

Cost

No monetary cost. A phone call or a written complaint takes a few tens of minutes. If the manager does not change and you want damages, you have to sue.

Benefit

Article 944 of the Civil Code has three layers. The first is: “A property service provider must not collect property fees by cutting off electricity, water, heat, or gas.” The second: if the manager provided services as agreed, an owner must not refuse to pay on the ground of “not having accepted or not needing to accept” the services. The third: if an owner is overdue, the manager may demand payment within a reasonable period; if still unpaid when that period ends, the manager may sue or apply for arbitration. The Property Management Regulations also state that when an owner is overdue on property fees, the owners’ committee shall urge payment within a time limit; if still unpaid, the property service enterprise may sue. Complaints go to the real-estate administration of the people’s government at or above the county level; the regulations require them to handle owners’ complaints promptly. A Supreme People’s Court judicial interpretation states that if the manager unilaterally expands the fee scope, raises the fee standard, or charges twice, you may raise that as a defense against payment. Unauthorized fees already paid may be demanded back.

Notes

What the law forbids is using a water or power cut as a way to collect property fees. If what you owe is the water, electricity, or gas bill itself, the situation differs. After a power supplier demands payment and you still do not pay within a reasonable period, it may suspend supply under the national procedure, and it must notify you in advance. Water, gas, and heat follow the same idea. The regulations also require water, power, gas, and heat suppliers to bill the end user. If a water or power cut by the manager caused you losses and you want damages, you have to sue. Ordinary first-instance procedure starts at 6 months; summary procedure is 3 months; lawyer fees are generally yours. If a landlord cuts water or power to force you out of a rental, see item 2 (cutting water or power, changing locks). Benefit set to medium by judgment: property fees are a few hundred to a few thousand yuan a year, and there is no uniform statistic for losses from heat or water cuts.

Sources · 3

1. 全国人大 (2020). 民法典（第九百四十四条；第六百五十四、六百五十六条）. spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
2. 国务院 (2018 第三次修订). 物业管理条例（第五、四十四、四十八、六十四条）. flk.npc.gov.cn/detail?id=ff8080816f3cbb3c016f…
3. 最高人民法院 (2020). 关于修改《最高人民法院关于在民事审判工作中适用〈中华人民共和国工会法〉若干问题的解释》等二十七件民事类司法解释的决定（法释〔2020〕17 号，第十四项修改物业服务纠纷解释原第五条，条文顺序调整后为第二条：「物业服务人违反物业服务合同约定或者法律、法规、部门规章规定，擅自扩大收费范围、提高收费标准或者重复收费，业主以违规收费为由提出抗辩的，人民法院应予支持。业主请求物业服务人退还其已经收取的违规费用的，人民法院应予支持。」）. court.gov.cn/fabu/xiangqing/282621.html