Is the property in arrears with property fees entitled to collect liquidated damages?

Legal analysis: the owner may pay the property fee overdue. However, overdue payment of property fees is likely to result in liquidated damages, sometimes called late fees. There is no clear agreement on the calculation method of unpaid property fees, which mainly depends on the property service contract between the owner and the property management unit. There is no penalty clause in some contracts, but the unpaid property fee violates the property service contract signed by both parties, which is obviously a breach of contract. Therefore, if there is a penalty clause in the contract, it shall be implemented according to the contract. If there is no agreement in the contract, the property management unit may demand to pay the bank loan interest for the same period, but shall not charge fees at will. From a practical point of view, how much liquidated damages should be paid for defaulting on property fees depends on the specific agreement in the property management contract, but it is generally agreed to be three thousandths. If it is higher than the standard of liquidated damages prescribed by law, it may be required to reduce it appropriately.

Legal basis: Article 40 of the Regulations on Property Management in People's Republic of China (PRC) should follow the principles of reasonableness, openness, and adaptation of charges to service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract. "People's Republic of China (PRC) property management regulations" Article 41 The owner shall pay the property service fee according to 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. "Regulations on Property Management in People's Republic of China (PRC)" Article 42 The competent price department of the people's government at or above the county level shall, jointly with the competent real estate administrative department at the same level, strengthen the supervision of property service charges. "People's Republic of China (PRC) Property Management Regulations" Article 43 A property service enterprise may provide services beyond those stipulated in the property service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties. "People's Republic of China (PRC) Property Management Regulations" Article 44 In the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.