Who pays the property fee to the landlord and tenant?

In the case of renting a house, if the owner and lessee agree to bear the property fee in the lease contract, it shall be in accordance with the contract. If the contract stipulates that the owner shall pay the property fee, the owner is the only subject to bear the property fee. However, if the contract stipulates that the lessee shall pay the property fee, the owner shall still bear joint and several liability for the payment of the property fee. Because, although the actual user of the property has obtained the property service, he is not a party to the property service contract, and the owner is still the first responsible person to pay the property service fee. If the owner and the lessee agree that the lessee should pay the property fee, the agreement belongs to debt transfer in nature. If the property company approves the agreement, it should be regarded as a legal relationship of debt commitment between the owner and the lessee, but this debt commitment is not exempted. According to the legal principle of exempt debt commitment, if the property fee is in arrears, the property company should directly sue the actual user of the property and can no longer claim compensation from the owner. However, the debt commitment agreed in the property fee is a co-existing debt commitment, and the owner cannot be exempted from liability because of the debt commitment, but still has to bear joint and several liability for the property fee. According to Article 42 of the Property Management Regulations, if the owner and the actual user of the property agree that the actual user will pay the property service fee, such agreement shall prevail, but the owner shall bear joint and several liability. If there is no agreement between the owner and the lessee on the property fee, the property fee shall be borne by the owner. The owner is the main body of the property service contract and has the obligation to pay the property fee. If there is no agreement on the property fee between the owner and the lessee, the obligation to pay the property fee has not changed, and obviously it should still be borne by the owner. After paying the property fee, the owner has no right to ask the lessee to bear the cost. The lessee shall pay the rent in accordance with the stipulations of the house lease contract. Unless otherwise specified, the rent includes the property fee. If the owner thinks that the lessee should bear the property fee, he can negotiate with the lessee, or bring a lawsuit to the people's court to change the house lease contract on the grounds of major misunderstanding or obviously unfair.

Who may bear the property fee?

1, owner of the community. Under normal circumstances, when the community moves in, the prophase realty service enterprise begins to provide realty service for the community owners, and the owners sign prophase realty service contracts when buying houses, becoming the entrusting party of the realty service contracts. As a party to the property service contract, the owner has the right to obtain the services of the property service enterprise, and also has the obligation to pay the consideration and property fee according to the contract.

2. The developer may also need to bear the property fee. If at the time of occupancy, the developer still has unsold vacant houses, the property fees of these vacant houses should be borne by the developer. If the developer has sold the house but failed to deliver it to the owner, the property fee before the house delivery should also be borne by the developer.

3. The actual user of the property may also need to bear the property fee. In real life, the property or house owned by the owner is not necessarily occupied and used by the owner himself, but is occupied and used by others by renting or borrowing. Especially in big cities, the proportion of housing rental is even greater than that of owners' own use. When the owner is inconsistent with the actual user of the property, the owner may agree with the actual user to pay the property service fee, and the actual user of the property becomes the subject of paying the property service fee.

Legal basis: Article 943 of the Civil Law of People's Republic of China (PRC) stipulates that the property service provider shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owner's operation and income, etc. Report to the owners in a reasonable way, and report to the owners' meeting and owners' committee.

Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.