How can I be fined if I lose my property bill?

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract. At the same time, however, China has adopted the principle of intervention in the penalty clause, with the aim of making the penalty mainly compensatory and punitive.

Paragraph 2 of Article 1 14 of the Contract Law stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or an arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. How to judge the agreed liquidated damages "excessively higher than the losses caused" and how to "appropriately reduce them" is not further clarified in the law.

In the current judicial practice, it is generally believed that the people's court should take the losses caused by breach of contract as the basis, take into account the performance of the contract, the fault of the parties, social and economic conditions and other factors, and weigh them according to the principles of fairness and good faith. In view of the above analysis, the standard of liquidated damages for overdue payment of property fees is stipulated in the contract, and the contract shall prevail. However, when there are "sky-high" liquidated damages or low liquidated damages, the parties may request adjustment through legal means.