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Is there a property fee for renting a house?

Legal analysis

There is no need to pay property fees for renting a house. If the lessor and the lessee agree in the contract that the lessee shall pay the property management fee to the property management company and abide by the relevant management regulations of the property management company, and the contract is confirmed by the property management company in writing, the lessor will transfer its creditor's rights and debts with the property management company to the lessee, and the lessee will perform this part of rights and obligations to the property management company. If the lessee fails to pay the property fee, he shall be liable for breach of contract to the property company.

If the lessor and the lessee agree that the lessee shall pay the property management company the property fee, and the property management company has confirmed it in writing, then the property management company can no longer ask the lessor to pay, otherwise the property management company still has the right to ask the lessor to pay.

legal ground

Article 510 of the Civil Code of People's Republic of China (PRC) * * After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.

"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.