Can I refuse to pay the property management fee if I don't stay?

You can't refuse to pay the property fee if you have handed over the house but haven't moved in yet. If you don't go through the handover procedures, you don't have to pay the property fee.

According to the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes:

Article 6 If an owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee.

Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

Extended data:

According to the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes:

Article 2 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

Article 4 The people's court shall support the owners who violate the realty service contract or laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction.

Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

"Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Article 16 of the Measures for the Administration of Property Service Charges shall be paid in full by the development and construction unit if the property has been completed but not yet sold, or if it has not been delivered to the property buyer on time due to the reasons of the development and construction unit.

Baidu Encyclopedia-Provisions of the Supreme People's Court on the Specific Application of Law in the Trial of Property Service Disputes