Rental housing, the contract does not indicate whether to pay property fees, then I should pay?

The obligations of the lessee are limited to the stipulations of the house lease contract. If there is no clear stipulation on the property fee in the lease contract, the lessee has only the obligation to pay the rent to the lessor, but not the obligation to pay the property management fee to the property company. Therefore, the property management fee should be borne by the lessor, without agreement.

Legal analysis

Property management refers to all services related to real estate development, leasing, sales and after-sales service, including house maintenance, cleaning and greening of residential quarters, management, commercial services in the quarters, public security and all other social activities. Comprehensive property management service refers to all kinds of special convenience management services in houses, buildings and residential quarters, which match the life, work and production of residents and are carried out to facilitate their lives. First of all, in the absence of special agreement between the two parties, the owner has the obligation to bear the property management fee; On the other hand, the lessee's obligation is limited to the stipulations of the house lease contract. If there is no clear stipulation on the property fee in the lease contract, the lessee has the obligation to pay the rent to the lessor, but not the property management fee to the property company. Therefore, the property management fee should be borne by the lessor, without agreement. The owner of the house is the owner. The owner is the obligor to pay the property service fee. At the same time, in the early stage of property management, development enterprises, buyers, house users, lessees and other people who have the obligation to pay according to the contract are all obligors to pay property service fees. Rights enjoyed by the owner:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment;

(ten) other rights stipulated by laws and regulations.

legal ground

Article 64 of the Property Management Regulations violates the property service contract, and the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.