Don't you pay the property fee for the house? What is the legal basis?

No one lives in the house, which cannot be the reason why the owner refuses to pay the property fee. As long as the developer has handed over the house, the owner needs to pay the property fee, but if the stay is not long, he can pay less.

1. The house is unoccupied. Can I refuse to pay the property management fee? According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, if the property service enterprise has provided services in accordance with the contract and relevant provisions, and the owner only claims that it does not enjoy or need to accept relevant property services, the people's court will not support it. In other words, the house is vacant and the property fee has to be paid. Owners can't refuse to pay for not enjoying property services.

Moreover, Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that the preliminary property service contract signed by the construction unit and the property service enterprise according to law, as well as the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law, are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

2. How much property fee should the owner pay? If the owner does not move in, we can see if we can pay less property fees according to local policies. However, most of them refuse to pay without reason. Only a few areas support the owners to discount the property fees after applying for vacancy, and the discount range is between 50% and 90%.

So whether you live in it or not, the property is taking care of your house to a certain extent, and the house still enjoys the service of the property, and the property fee is still to be paid. Therefore, it has nothing to do with paying property fees, but it may be related to how much you pay.

3. Under what circumstances can the owner not pay the property fee? It is the owner's obligation to pay the property fee, but it may not be paid in the following circumstances.

Because the housing quality problem has not been delivered, the property fee is paid by the developer.

For renting a house, the lease contract indicates that the property fee shall be paid by the tenant.

If the property management company fails to perform the service responsibilities of the contract, all owners can refuse to pay, but there must be strong evidence.

Property companies without authorization to expand the scope of fees, raise fees, repeated charges, the owners can refuse to pay.

Without the consent of the owner, the owner may refuse to pay the increased fees of the property management company.

The above answers were compiled by juwai.com.