How much is the property fee that has not been paid for three years?

What is the standard for collecting late fees for property fees?

Default of property fees is likely to require payment of late fees (liquidated damages), the specific amount depends on the specific agreement in the property management contract, which is generally agreed to be three thousandths. Therefore, it is recommended that all owners pay the property fees in time. If they are in arrears, please pay them as soon as possible. Legal basis: Article 6 of the Measures for the Administration of Property Service Charges clearly lists the contents of property service charges, including: name of property management enterprise, charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management form, charging basis, price reporting telephone number 12358, etc.

In the case of defaulting on property fees, we are generally more worried about whether we will be sued, whether we need to pay liquidated damages or late fees, depending on the specific circumstances. Whether there is a late fee for unpaid property fees mainly depends on the property service contract between the owner and the property management unit. Strictly speaking, the late fees here are actually liquidated damages, because the unpaid property fees violate the property service contract signed by both parties. Therefore, if there is a clause about overdue payment in the contract, it should be implemented according to the contract. If there is no agreement in the contract, the property management unit shall not collect it without authorization.

Liquidated damages refer to a certain amount of money paid by a party to a contract for its breach of contract when it fails to perform or improperly performs the contract. Liquidated damages are generally divided into punitive liquidated damages and compensatory liquidated damages, both of which belong to the category of security interests. In terms of the amount limit, if the parties agree on liquidated damages, they shall pay the liquidated damages according to the agreement. However, if the above losses need to be appropriately reduced or the following losses need to be appropriately increased, the liquidated damages included in the scope of guarantee shall be subject to the amount finally determined by the people's court or arbitration institution. The subject matter of liquidated damages is usually money, but the parties may also agree that the subject matter of liquidated damages is other property than money.

The main function of liquidated damages has always been the focus of academic controversy. In this regard, the academic community has three different views:

One view is that the main function of liquidated damages is to guarantee the performance of the contract. It is considered as "the main form of contract guarantee between socialist organizations at present, and the economic contract between socialist organizations is incomplete without the provision of liquidated damages". Therefore, it is a guarantee method (guarantee theory).

The second view is that liquidated damages are the liability for breach of contract that the debtor should bear if he fails to perform his debts. Because the nature of liquidated damages is different from that of traditional civil law, "liquidated damages are not the way to guarantee debts, and legislation and jurisprudence should not require liquidated damages to guarantee debts" (liability theory).

The third view holds that liquidated damages are not only a way of guarantee, but also a way of liability for breach of contract (compromise theory).

There are more and more people who hold the third view now. These three viewpoints are actually just the dispute between the second viewpoint and the third viewpoint, because now no one thinks that liquidated damages are a pure guarantee method, which is inconsistent with the application of liquidated damages in various countries. Therefore, we only focus on the second view and the third view on the main role of liquidated damages, which has always been the focus of academic debate. In this regard, the academic community has three different views:

One view is that the main function of liquidated damages is to guarantee the performance of the contract. It is considered as "the main form of contract guarantee between socialist organizations at present, and the economic contract between socialist organizations is incomplete without the provision of liquidated damages". Therefore, it is a guarantee method (guarantee theory).

The second view is that liquidated damages are the liability for breach of contract that the debtor should bear if he fails to perform his debts. Because the nature of liquidated damages is different from that of traditional civil law, "liquidated damages are not the way to guarantee debts, and legislation and jurisprudence should not require liquidated damages to guarantee debts" (liability theory).

The third view holds that liquidated damages are not only a way of guarantee, but also a way of liability for breach of contract (compromise theory).

There are more and more people who hold the third view now. These three viewpoints are actually just the dispute between the second viewpoint and the third viewpoint, because now no one thinks that liquidated damages are a pure guarantee method, which is inconsistent with the application of liquidated damages in various countries. Therefore, only the second viewpoint and the third viewpoint are analyzed and compared here. Key points of analysis and comparison.

legal ground

Article 6 of the Measures for the Administration of Property Service Charges

Property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices respectively. The specific pricing form shall be determined by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the real estate administrative departments.