Be sued for unpaid property fees.

Property companies' demands for property fees are not based on whether they receive a letter of demand to decide whether they can sue for rights protection. As long as the property contract clearly stipulates the right to collect property fees and the obligation to pay property fees, as long as there is no particularly contradictory fact, it is better for the property company not to perform its contractual obligations. Both the landlord and the tenant should pay their fees on time. The company will continue to demand payment within two years. If the contract does not stipulate the time limit for performance, the property company may claim default.

Legal analysis

According to the relevant provisions of the contract law, if one party fails to pay the corresponding service fee, interest, etc. If the economic payment obligation is not fulfilled as agreed in the contract, the other party may sue for payment. For the property management company, the right to claim money does not necessarily have to be collected by the owners who owe property fees. Generally speaking, as long as the property management company has made a reminder of the arrears within three years, or the arrears status is continuous and increasing, the property management company can make a reminder at any time, whether by SMS, WeChat or telephone. These reminders are not subject to whether the payer has received them or not, but to the reminder obligations performed by the obligee. Therefore, you can directly sue for rights protection, without any dunning letter, and the related late payment fee may also be claimed according to the contract. As for how to perform it in the end, whether there will be mediation and whether mediation can reduce the property fee accordingly can be communicated. The suggestion is to talk to the property company and pay the fees that should be paid in time.

legal ground

People's Republic of China (PRC) Civil Code

Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.

Civil Procedure Law of People's Republic of China (PRC) (amended on 20 17).

Article 4 If a contract with no prescribed time limit for performance can be determined in accordance with Articles 510 and 511 of the General Principles of the Civil Law, the limitation period of action shall be counted from the date when the time limit for performance expires; If the time limit for performance cannot be determined, the limitation period of action shall be counted from the date when the grace period for creditors to require debtors to perform their obligations expires, but if the debtors explicitly indicate that they will not perform their obligations when creditors claim their rights for the first time, the limitation period of action shall be counted from the date when the debtors explicitly indicate that they will not perform their obligations.

People's Republic of China (PRC) Civil Code

Article 195 If the limitation of action is interrupted under any of the following circumstances, it shall be recalculated from the time of interruption and termination of relevant procedures:

(1) The creditor makes a performance request to the debtor;

(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.

Article 188 The limitation of action for requesting the people's court to protect civil rights shall be three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.