Job Recruitment Website - Property management - The latest law stipulates that late fees are property fees.
The latest law stipulates that late fees are property fees.
1. The owner shall pay the property service fee in the agreed time and manner. If the owner fails to pay the property service fee according to the agreed time and method, the property service enterprise may charge the owner a late fee. The calculation method of late payment fee is the daily payable amount multiplied by the number of days in arrears, with the maximum not exceeding 3% of the payable amount.
2. The realty service enterprise shall clearly stipulate the calculation method and standard of the overdue fine in the contract. The standard of late payment fee shall not be higher than 3% of the payable amount.
3. If the owner fails to pay the property service fee according to the agreed time and method, the property service enterprise may charge the owner a late fee. The calculation method of late payment fee is the daily payable amount multiplied by the number of days in arrears, with the maximum not exceeding 3% of the payable amount. If there is a written agreement between the owner and the realty service enterprise on the calculation method and standard of overdue fine, such agreement shall prevail.
The process of property late fees is generally as follows:
1. overdue notice: the property management company will remind the owner to pay the property fee in time by telephone, SMS, email, letter, etc. If the owner still fails to pay within the specified time, the property management company will issue a formal overdue notice.
2. Overdue confirmation: After receiving the overdue notice, the owner needs to confirm whether the corresponding property fee has been paid within the specified time. If the owner confirms that the payment has been made, there is no need for subsequent processing; If the owner fails to pay, it needs to enter the next process.
3. Calculation of late payment fee: If the owner fails to pay the property fee within the specified time, the property management company will calculate the corresponding late payment fee according to the contract or legal provisions. The amount of late payment is generally a proportion of the arrears or a fixed amount.
4. Notice of late payment: The property management company will notify the owner of the calculated late payment in writing and require the owner to pay the corresponding late payment within the specified time.
5. Payment of late payment fee: After receiving the late payment fee notice, the owner needs to pay the corresponding late payment fee within the specified time. If the owner fails to pay the fee on time, the property management company has the right to take further legal measures, such as suing or applying for arbitration.
Legal basis:
Article 944 of the Civil Code of People's Republic of China (PRC)
The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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