Can the property contract not be renewed when it expires without paying the property fee?

In the case that the residential property is sometimes irresponsible, fails to fulfill its obligations seriously or fails to coordinate the renewal of the residential property owner in time when it expires, it often happens that the property contract is not renewed when it expires and the owner refuses to pay the property fee. Then the property contract expires and is not renewed. Can the owner refuse to pay the property fee? Bian Xiao answers for you. If the property contract is not renewed when it expires, can the owner refuse to pay the property fee? It depends on how the midnight service contract stipulates that the owner can't refuse to pay the property fee without reason. Relevant laws and regulations stipulate: 1, the parties to the contract law shall follow the principle of fairness to determine the rights and obligations of all parties. After the expiration of the property service contract, if the property management company continues to manage the property without renewing the contract with the owners' committee, it shall be handled on the principle of fairness. The so-called fairness principle means that in the process of concluding and performing a contract, the interests of the parties to the contract should be adjusted with the concept of fairness, so that the interests of both parties to the contract can be balanced, so as to achieve a fair and reasonable goal. Although the residential property service contract has not been renewed, the property company still manages and provides services to the owners. If the owner does not pay the property service fee on the grounds that the contract has not been renewed, it means that the property company has provided the service but has not received the corresponding remuneration, and the final result is the imbalance of rights and obligations of both parties to the contract, which violates the principle of fairness stipulated in the contract law. 2. Property Management Regulations According to the relevant provisions of the property management regulations, after the owners' committee is established according to law, the property management contract signed by the owners' committee and the property management company is binding on all owners. If the owners' committee has not signed a written property service contract with the property company, but the owners have actually accepted the property service, the owners should pay the corresponding fees to the property company according to the actual service price as a reward for providing services. Therefore, the owner can't refuse to pay the property fee without signing a property contract or the property company doesn't provide qualification certificate. In case of refusing to pay the property fee, the owner may not pay or underpay the property service fee only under the following circumstances: (1) The property management enterprise provides services by itself, and the owner or user may not pay the fee without the consent of the owners' committee or owners' meeting. (2) The owner may refuse to pay for the part exceeding the government guidance price. (3) If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee should be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee. (4) If there is a overlord clause in the property, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself. (5) If the property fails to perform the contract, for example, the sewer is not cleaned regularly according to the contract requirements, and if you have other questions, after the expiration of the property service contract, if the property company continues to manage the property without renewing the contract with the owners' committee, the owners shall not refuse to pay the property fee. Welcome to conduct detailed legal consultation on this website.

Legal objectivity:

"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law. "Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of 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.