Who will refund the prepaid property fee?

1. Who will refund the property fee paid for early rent withdrawal?

Generally speaking, it is not refundable.

The property management fee depends on how the contract is signed when you rent a house. Is it handed over directly to the landlord or to the property alone? Including gas, water and electricity! In addition, has your lease contract been filed in the property? Does the property management company know that there are tenants like you? If your property management fee is paid to the property management company by yourself and has been put on record, then if you want to leave early and don't want to pay the property management fee, it is obviously a breach of contract. Property is not like the owner. If he wants to be serious, you really have to bear the corresponding legal responsibility! I suggest you pay, or negotiate with the landlord to get the deposit!

Article 40 of the Regulations on Property Management shall follow the principles of reasonableness, openness, and adaptation of fees and 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.

Forty-first owners should 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.

Forty-second price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

It should be noted that whether the property fee is refunded should be stipulated in the contract. If there is no agreement in the contract or the agreement is not clear, in principle, you cannot claim to return the goods. Unless, the landlord rents the house to others and collects the property fee for half a year, you can claim to return it on the grounds of unjust enrichment by the landlord.

Second, can the property fee be refunded after one year?

According to the relevant laws and regulations of our country, if the lessee withdraws the lease after paying the property fee for one year, whether the property fee can be refunded depends on the signed property management contract. If no agreement is reached, both parties can negotiate. If negotiation fails, they can sue for settlement.

Relevant regulations:

?the Civil Code

Article 566 Where a contract has not been performed after its termination, its performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may request restitution or take other remedial measures, and have the right to claim compensation for losses.

Where the contract is terminated due to breach of contract, the creditor may require the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.

What about the property fees owed before buying a house?

In practice, when you buy a house, you find that the previous owner had defaulted on the property fee, so now you can deal with it in the following ways:

First of all, to reach a house sale, a house purchase contract must be signed. Therefore, if there is an agreement in the house purchase contract on the default of property fees, it can be handled according to the agreement, and the payment is overdue and paid in advance.

Therefore, when buying a house, we need to pay attention to these problems. Although it can be solved in the future, it is very troublesome.

Secondly, if there is no such agreement in your house purchase contract, you can first negotiate with the original owner and ask him to pay the paid property fee, or you can deduct this part of the fee from the house purchase price and pay it on your behalf. If negotiation fails, the original owner can be required to pay off the debt and compensate for the losses caused by it through litigation.

Finally, if the property management company takes various measures to force you to pay the property fees owed by the original owners, then you can collect information, file a lawsuit with the court, ask for normal occupancy in the house, and ask the property management company to compensate for the losses caused.

If you go to court, you must do the following:

1. Prepare a complaint first and write it here around this unsettled property fee. If you can't write it yourself, I suggest you find a professional lawyer to help you write it.

2. Then go to the people's court where the property management company is located, and the court will give a notice of responding to the lawsuit after reviewing the materials, but then wait for the court session.

3. The materials you need to bring are the indictment, your own identity materials and evidence.

4. Pay the fee, that is, accept the fee.