The property posted the reminder notice to the door of the owner's original unit to "show the public" lawyer: although the behavior is inappropriate, it does not infringe on the privacy of the owner

Jimu news reporter Qiu Mu

Intern Chen Jiayu

Recently, Mr. Liu, a citizen, reported to Jimu News that he bought a house in the 2nd phase of China Resources Emerald City in Qiaokou District, because he did not pay the property fee, he was actually pasted by the community property to the door of his wife's original unit. This move seriously affected his wife's normal life and work. In this regard, the property said that it is indeed the property that posted a collection slip, which is indeed inappropriate, but it also hopes that the owner of the arrears will pay the property fee as soon as possible.

The owner owes a year the collection slip is posted to the door of the original unit

After receiving the situation reflected by Mr. Liu, the reporter came to the 2nd Phase of China Resources Emerald City in Xindun Community, Changfeng Street, Qiaokou District. In 2017, Mr. Liu's wife bought a 140-square-meter house in China Resources Emerald City Phase 2 before marriage. The house was delivered in December 2019. At that time, Mr. and Mrs. Liu delivered the service industry for half a year from March to September last year, totaling more than 3,000 yuan.

According to Mr. Liu, the new house has been empty and has not been occupied since it was delivered. After the property fees expire in September 2020, they will not pay the property fees again. Originally, it was planned to renovate the house in early 2022, "and then the renovation deposit will be paid together with the property fee." Mr. Liu said. However, what Mr. Liu did not expect was that on the morning of December 21, the residential property actually posted a reminder notice to the gate of his wife's original unit.

The reporter telephoned Mr. Liu's wife, Ms. Bai. Ms. Bai said that her former colleague told her about the payment notice. It was Monday morning, and because the location of the reminder notice was so conspicuous, many of Ms. Bai's former colleagues and friends contacted her to inquire about the arrears of property fees. "The personal information leaked on the payment notice made me very faceless in front of acquaintances," Ms. Bai said angrily, "until now, many former colleagues have called to ask me if I owe the property fee." ”

Mr. Liu showed the reporter a reminder notice for the payment of "Runjia Property Service (Wuhan) Co., Ltd. Emerald City Property Center". The notice indicates Ms. Bai Zhang's name, residential area, time of arrears, and amount of money owed.

Property: The behavior is really inappropriate, and an investigation will be launched immediately

Accompanied by reporters, Mr. Liu came to the Wuhan Emerald City Property Center and met the property project manager. After learning about this situation, the project manager said that there was indeed something wrong with this behavior, but it was also a cause. Ms. Bai was in arrears in property fees for more than a year, during which the property collected the property fees for Ms. Bai through WeChat and telephone, and did not get a clear answer to the repeated reminders during the period.

The person in charge of the property said that it was not possible to determine who was responsible for posting the reminder notice at that time. However, they will immediately begin a follow-up investigation and inform the owner of the results.

Lawyer: Although the property behavior is indecent, it does not infringe on the privacy and personality rights of the owner

Does the property's behavior infringe on the privacy of the owner? Li Zeshun, a lawyer at Hubei Zunerguang Law Firm, said that the property's behavior did not infringe on the privacy of the owners. Since the owner and the property owner have already concluded the "Preliminary Property Service Contract", the owner shall pay the corresponding property fee to the property service provider in accordance with the contract. If the owner fails to pay, the property service provider has the right to remind the owner, which includes issuing a reminder letter to the owner. Judging from the pictures provided by Mr. Liu, the reminder notice did not reveal other information about the owner except for the owner's name, so it did not infringe on the privacy of the owner.

So, does the property's behavior infringe on the owner's personality rights? Lawyer Li Zeshun believes that the behavior of the property does not constitute an infringement of personality rights. Lawyer Li Zeshun explained that the infringement of personality rights needs to meet the following three elements: (1) infringing on the citizens' equality of personality, personal independence, personality freedom, and personal dignity; (2) the perpetrator has subjective intention; (3) the victim has actually suffered mental damage and caused serious consequences. Although the property's act of posting the reminder letter at the door of the unit is inappropriate, its subjective purpose is to safeguard the legitimate rights and interests of the property itself, and it is not enough to meet the above three elements at the same time, so it does not infringe on the owner's personality rights.

In addition, lawyer Li Zeshun also reminded that the owner also needs to pay property management fees during the period when he does not live in the house. According to Article 944 of the Civil Code of the People's Republic of China, "the owner shall pay the property fee to the property service provider in accordance with the agreement." If the property service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property fee on the grounds that it has not accepted or does not need to accept the relevant property service" stipulates that the property fee for the vacant house shall also be paid in accordance with the standards agreed in the property service contract.

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