Want to ask? Should the lessor or lessee bear the property management fee for parking space rental? ? Thank you all

If the lease contract stipulates that the parking space rents the property management fee, it shall be in accordance with the contract. If there is no agreement on the property fee, it shall be borne by the lessor.

Because the actual user of the property has obtained the property service, but he is not a party to the property service contract, the owner is still the first responsible person to pay the property service fee. If the owner and the lessee agree that the lessee should pay the property fee, the agreement belongs to debt transfer in nature. If the property company approves the agreement, it should be regarded as a legal relationship of debt commitment between the owner and the lessee, but this debt commitment is not exempted. According to the legal principle of exempt debt commitment, if the property fee is in arrears, the property company should directly sue the actual user of the property and can no longer claim compensation from the owner. However, the debt commitment agreed in the property fee is a co-existing debt commitment, and the owner cannot be exempted from liability because of the debt commitment, but still has to bear joint and several liability for the property fee.

Property management fee is the abbreviation of property management fee, which is the fee that property management company should pay to provide property management services to property users or owners according to the property management service contract.

legal ground

"Property Management Regulations" Article 41 If the owner and the actual user of the property agree that the actual user will pay the property service fee, such agreement shall prevail, but the owner shall bear joint and several liability.

If there is no agreement between the owner and the lessee on the property fee, the property fee shall be borne by the owner. The owner is the main body of the property service contract and has the obligation to pay the property fee.

If there is no agreement on the property fee between the owner and the lessee, the obligation to pay the property fee has not changed, and obviously it should still be borne by the owner. After paying the property fee, the owner has no right to ask the lessee to bear the cost.

The lessee shall pay the rent in accordance with the stipulations of the house lease contract. Unless otherwise specified, the rent includes the property fee.