How to charge the property fee if you don't check in? What are the consequences of not paying the property fee?

Nowadays, residential areas are generally managed by property management companies to provide relevant services for owners, so owners need to pay relevant property fees. In real life, many people buy a house and stop moving in. Many people think that they don't enjoy property services, so they don't want to pay property fees. In fact, this situation also requires property fees, so how to collect property fees if you don't move in? The following small series introduces it for everyone, hoping to help everyone.

First, how to collect the property fee for not staying?

1. According to China's Property Management Regulations, the property service fee is paid by the construction unit for the completed property that has not been sold or handed over to the property buyer. In other words, if the developer delivers the house as scheduled according to the purchase contract and completes the normal handover, then the owner should not bear the property fee before delivery.

2. If the delivery of the house is delayed due to the developer, the property fee during this period shall be borne by the developer, and the buyer does not need to pay any property fee before delivery.

3. If the developer delivers the house as scheduled, but fails to accept the house due to the owner's reasons, then when the developer notifies the owner, the owner shall bear the corresponding property expenses thereafter. But under certain circumstances, the owner can get some relief. For example, in some places, after buying a house, they have never moved in or have not used it for more than six months in a row. After being confirmed by the property management company, they can pay the property fee according to the standard of 70% from the seventh month.

Second, can the house be bought and sold without paying the property fee?

1. If the owner doesn't pay the property fee, he can't sell the house for the time being. Before selling the house, he needs to make up the property fees he owes before he can buy or sell.

2. According to the property management regulations

Seventh owners in the property management activities, fulfill the following obligations:

(1) Abide by the owners' convention and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(5) Pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Sixty-seventh in violation of the property service contract, the owners failed to pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

3. What are the consequences of not paying the property fee?

May be sued to the court. Under normal circumstances, the court will still advise the property and the owner to coordinate and solve it. You can't hide, because even if you don't go to court, the court can make a judgment by default. If you try in absentia, you will be sentenced to pay property fees. If it refuses to execute, the court may enforce it.

It is suggested that everyone actively respond to the lawsuit and truthfully report the situation to the judge in order to win the court's understanding; Prepare to pay the property fee. I suggest consulting a local professional lawyer to see what the chances are of winning the case. If the odds are not great, you can also apply for withdrawing the lawsuit and pay the property fee. As for the losses caused by poor property management, you can also sue the court and ask the court to make a judgment according to law and recover the losses.

If the court decision has come out, refusing to implement it will bear the civil legal responsibility of paying late fees; If the circumstances are serious, judicial custody may be imposed, or criminal responsibility for refusing to perform the effective judgment may be investigated. The court can also adopt methods such as compulsory freezing of funds and auction of property. It can be seen that once the property management is not in place, it is necessary to actively coordinate with the owners' Committee and try not to refuse to pay the property fee. Because of the delay in property fees, there will be late fees.