Is it a breach of contract for tenants not to pay property fees?

Whether the tenant fails to pay the property fee is a breach of contract, as follows:

1. If the lessee and lessor agree in the house lease contract that the lessee shall pay the property management fee and the property management company also agrees to charge the lessee the property management fee, then the lessee shall pay the property management fee, and it is a breach of contract for the lessee not to pay the property management fee;

2. If the lessee fails to pay the due property management fee, the owner shall bear joint liability. At this point, if the tenant does not pay the property fee, it is not a breach of contract. The lessee's obligation is limited to the stipulations of the house lease contract, so it has only the obligation to pay the rent to the lessor, but not the obligation to pay the property management fee. Paying the property management fee is based on the obligation of the property management contract. The house lease contract and the property management contract are two different rights and obligations and cannot be confused.

The responsibilities of the property management company are as follows:

1. Property maintenance management: A property management enterprise shall carry out maintenance and technical management on the properties it manages according to the national property management standards, including house safety and quality management, house maintenance technical management, house maintenance and construction management;

2. Property equipment management. Property equipment to be managed mainly includes water supply and drainage equipment, gas equipment, heating equipment, ventilation equipment and electrical equipment.

3. Property environmental management: Property management companies have the obligation to manage the environment of residential quarters, so that it can meet the standards set by the state, including pollution prevention, environmental cleaning and environmental greening.

4. Property management safety: Property companies should take various measures to ensure the personal and property safety of owners and users of houses, manage public security, manage fire safety and manage vehicles and personnel entering and leaving the community;

5. Liaise with the government and public institutions on public facilities.

To sum up, whether tenants should pay property fees mainly depends on how the lease contract is agreed. If the contract stipulates that the property fee shall be borne by the owner, then the tenant does not need to pay; If the contract stipulates that the property fee shall be paid by the tenant, then the tenant shall bear it. Generally speaking, this kind of situation is more common in renting houses of commercial office nature.

Legal basis:

Article 7 of the Property Management Regulations

Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations 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;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.