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How to calculate overdue liquidated damages for property fees?
1. If liquidated damages are stipulated in the property service contract between the owner and the property management unit, it shall be implemented according to the agreement;
2. If there is no agreement in the contract or the agreement is unclear, it can be paid according to the bank loan interest for the same period;
3, when the amount of liquidated damages is too high or too low, the parties have the right to request adjustment through legal channels;
4. Usually, the standard of liquidated damages is three thousandths, but it is higher than the standard stipulated by law, and the owner can ask for an appropriate reduction.
Calculation standard of overdue liquidated damages for property fees:
1. Base: based on the property fees payable;
2. Starting time: from the due date of the property fee to the actual payment date;
3. Calculation formula: liquidated damages = property fees multiplied by overdue days multiplied by daily liquidated damages interest rate;
4. Daily liquidated damages interest rate: usually stipulated by property management regulations or contracts. If there is no clear agreement, refer to relevant local laws and regulations;
5. Upper limit: Some regions or contracts may set an upper limit on the total amount of liquidated damages.
To sum up, the calculation method of overdue liquidated damages for property fees shall be implemented in accordance with the property service contract. If there is no clear agreement in the contract, it can be paid according to the bank loan interest for the same period. When the amount of liquidated damages is too high or too low, it can be adjusted through legal channels. Usually, the standard of liquidated damages is three thousandths, but if it is higher than the standard stipulated by law, the owner can ask for an appropriate reduction.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 585
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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