Is the property late fee legal?

Property late fees are illegal. Property companies have no right to collect late fees, but may require the owners to pay liquidated damages in accordance with the contract. Late payment refers to the measures taken by tax authorities or creditors to increase the amount of late payment according to a certain proportion according to the number of days of delay for overdue parties who fail to pay taxes or repay loans according to the repayment period. The late payment fee is legal, compulsory and punitive. The so-called legal means that the late payment fee is a fund clearly stipulated by national laws and regulations, and individuals and other enterprises and groups have no right to set it up privately; Compulsory means that the collection of late fees is guaranteed by the state.

Can I apply for cancellation if the standard of property late payment fee is unreasonable?

If some owners are dissatisfied with the property management service, think that the shrinking of the property management service violates the stipulations of the property service contract, and refuse to pay the property management fee or the late payment fee, they need to do a good job of obtaining evidence. At the same time, in the process of trial, we should also bear the burden of proof for breach of property management services. On the other hand, it is unreasonable for the former owner to bear the property management fee owed by him, so he can't be charged a late fee.

According to the provisions of the civil law, the late payment fee should be unpaid liquidated damages. Generally speaking, the liquidated damages cannot exceed the principal. In the previous property service contract, the standard for overdue payment of property management fees was set too high, which was obviously unfair, and it was suspected of "overlord clause", which could be used as a revocable clause and the owner applied for revocation.

What is the proportion standard of property late payment fee?

According to the current property management policies and regulations, there are no specific provisions on whether property enterprises can collect late fees and the proportion standard of late fees. The property management fee is generally stipulated in the property management contract, which has a certain nature of punishment and deterrence to prevent large-scale owners from not paying the property management fee. The specific standard of late payment fee shall be determined by both the owner and the property management through consultation. At present, in actual operation, it is generally between 2% and 5% per day.

As long as it is not malicious not to pay the management fee, it is best for both parties to negotiate whether to recover the late payment fee. Many owners can't pay the property management fee in time because they don't live in the community for a long time, travel and other reasons. In this special case, many property management companies will not ask for late fees, which is not suitable for recovery.