物业费纠纷中服务不到位抗辩的司法认定

The Judicial Cognizance of Counterargument about Defective Service in Property Management

当前物业费纠纷的司法实践中,鲜有被告业主获判减付物业费继而胜诉的判例。然而,在这种"一边倒"的现象背后,物业企业确实存在着不同程度的服务不到位问题。通过研究现行的物业相关法律依据,结合发达地区的司法实践先例,可以发现被告业主完全可以通过行使同时履行抗辩权达到减付物业费的目的,而法院应当本着对业主负责同时督促物业企业改善服务的宗旨,针对物业企业部分义务未履行或履行存在瑕疵,导致相应服务目的无法实现的情形,作出相适应的减付物业费的判决。

Nowadays, on the judicial practice of property fee disputes, it is rarely that the property owner wins the lawsuit as a result of reducing the property management fee. However, against the background of one-sided phenomenon, there are some problems existing in the service of property management companies in various degrees. By studying the active laws related to property management and the judicial precedent in developed regions, we can find that the defendant is able to win a lawsuit through exercising the counterargument right for simultaneous performance. Being responsible for the proprietors, as well as supervising and urging property management companies to improve their service, the court should make judgment to reduce the property fee accordingly, in the case that the overall goal fails for the reason of service flaw.