Is it legal to call for property fees?

1. Should the lawyer's letter of property fee pay liquidated damages?

If the owner defaults on the property fee and the property service company issues a lawyer's letter and the property contract stipulates the liquidated damages, the property service company may require the owner to pay the liquidated damages.

People's Republic of China (PRC) Civil Code

Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by 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.

Second, what is the function and value of the lawyer's letter?

For the above matters, the parties themselves can also directly submit and issue relevant negotiation documents to the other party without sending a lawyer's letter. It was sent by a lawyer in the form of a lawyer's letter. First, consider sending a letter as a lawyer in a more solemn form. Second, lawyers will investigate and analyze relevant facts before sending letters, and give relevant suggestions to the parties, which will help the parties to put forward more appropriate requirements, effectively organize facts and evidence, and strive to maximize their legitimate interests. A lawyer's letter is usually not a long story. A lawyer's letter ranges from one page to two or three pages. How much will it cost? The price of a lawyer's letter ranges from several thousand yuan to tens of thousands of yuan, which needs to be determined through consultation after communicating with specific lawyers according to specific events.

Third, how to write a lawyer's letter?

(1) Name of the document The name of the document shall include three aspects, namely, the name of the law firm that made the lawyer's letter, the main contents involved in the lawyer's letter and the words "lawyer's letter". Such a file name not only highlights the production unit, but also points out the main content, which is relatively clearer, more formal and professional. (2) Important legal documents produced by law firms with document numbers and provided to third parties shall be marked with document numbers, which is not only the embodiment of the specialization of law firms' legal services, but also the inevitable requirement for the use and management of files and seals. (3) The name of the recipient must be accurate, word for word. If the recipient is an institution, abbreviations should not be used; If the recipient is an individual, a more respectful title should be added after the full name, such as Mr. or Ms. This is the basic requirement of judicial documents and the basic respect for the addressee. (4) The description of the entrusted relationship and entrusted matters shall specify the client, the entrusted law firm, the entrusted lawyer and the entrusted matters. Generally, the basic form is: XXX law firm accepts the entrustment of XXX according to law, and the order in which XXX lawyer is appointed to represent XXX lawyer, XXX lawyer represents XXX lawyer, should be arranged reasonably according to the contents of materials and evidence, and it should be easy before difficult. In principle, the facts that need to be cited in the analysis of legal liability should be clearly stated to ensure the consistency of the full text. Different types of lawyers' letters have different arrangements and emphases on this part, so it is difficult to determine it uniformly. Only the general requirements are specified here. (six) the content of this part of the legal liability analysis is consistent with the production requirements of other legal documents, and must be based on facts and take the law as the criterion. The analysis must be targeted, the cited facts must be objective and fair, the application of law must be accurate, and the logical proof must be rigorous and scientific. The conclusion of legal liability analysis should be attributed to the corresponding legal liability that the recipient should bear. Considering the characteristics of lawyer's letter, this part should be as concise and accurate as possible. (7) The lawyer's opinion producer puts forward opinions or requirements reflecting the will of the client according to the above basic facts and legal liability analysis; At the same time, the producer should further explain the unfavorable situation and consequences that the receiver will face if it does not comply with the opinions or requirements, so as to attract the attention of the receiver. (VIII) Explanation of the issuance method of lawyer's letter Here, the issuance method of lawyer's letter should be explained to improve the effect of evidence preservation and prove the legality of the issuance method of lawyer's letter. For example, this lawyer's letter was delivered by fax (indicating the fax number and recipient of the recipient) and express mail. (9) The contact information of the producer of the lawyer's letter should indicate the producer's address, postal code, office phone, mobile phone and e-mail address, so that the recipient can contact the producer. (ten) indicate the production unit at the end of the production unit, which is the general requirement of judicial documents.

Legal objectivity:

Article 195 of the Civil Procedure Law: In any of the following circumstances, the limitation of action shall be interrupted, and the limitation of action shall be recalculated from the time of interruption to the end of relevant procedures: (1) the obligee requests the obligor to perform; (2) The debtor agrees to perform its obligations; (3) The obligee brings a lawsuit or applies for arbitration; (four) other circumstances with the same effect as bringing a lawsuit or applying for arbitration.