Job Recruitment Website - Property management - Is there a provision for late payment of property fees?
Is there a provision for late payment of property fees?
Because according to the regulations, the late payment fee is first of all legal and clearly stipulated by national laws and regulations, and no individual or other organization has the right to set it up privately. Secondly, it is mandatory, and the collection of late payment fees is guaranteed by the state's compulsory force. Late payment fees can only occur when the legal status of both parties is not equal and the state exercises public power.
Does the property have the right to collect late fees:
1, the property has no right to collect late fees, and the law does not give the property the right to collect late fees;
Although the owner has the obligation to pay the property fee, if the owner fails to pay the property fee on time, the property management company can only demand the owner to pay it in full within a reasonable time. If the owner fails to pay within the time limit, the property management company may sue the owner or apply for arbitration, but it cannot collect the late payment fee privately.
2. If this item is involved in the contract between both parties, you can charge:
(1) If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties;
(2) If the parties agree to delay the performance of liquidated damages, the breaching party shall also perform the debt after paying the liquidated damages.
To sum up, there are provisions for property late fees. Because according to the regulations, the late payment fee is first of all legal and clearly stipulated by national laws and regulations, and no individual or other organization has the right to set it up privately. Secondly, it is mandatory, and the collection of late payment fees is guaranteed by the state's compulsory force. Late payment fees can only occur when the legal status of both parties is not equal and the state exercises public power.
Legal basis:
Article 585 of the Civil Code of People's Republic of China (PRC)
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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