New provisions of civil code on not paying property fees

(1) The service quality provided by the property management company can't meet the standards stipulated in the contract;

(2) The property management company arbitrarily expands the charging scope, raises the charging standard and charges repeatedly;

(3) The property management company increases the charging items without the consent of the owner.

People's Republic of China (PRC) Civil Code came into effect on 202 1, 1, 1. At that time, the provisions that are in conflict with the Civil Code of People's Republic of China (PRC) will become invalid and will be replaced by new judicial interpretations.

Under what circumstances can the law not pay property fees?

1. Because the house quality problem is not delivered, the property fee is paid by the developer.

2. Lease the house, and the lease contract indicates that the property fee shall be paid by the tenant.

3. If the property management company fails to perform the service responsibilities of the contract, all owners can refuse to pay, but there must be strong evidence.

4. The property management company has not signed a contract with the owner.

5. The service quality provided by the property management company can't reach the standard agreed in the contract.

6. The property management company does not have the original approval document of the price management department.

7. The property management company expands the charging scope and raises the charging standard without authorization.

8. It is not good for the property company to increase the residential property service charges without the consent of the owners.

Does the lessee need to pay the property fee?

The lessee's obligation is limited to the stipulations of the house lease contract, so it has only the obligation to pay the rent to the lessor, but not the obligation to pay the property management fee.

Paying the property management fee is based on the obligation of the property management contract. The house lease contract and the property management contract are two different rights and obligations and cannot be confused.

In the housing lease contract, if the lessee and lessor agree that the lessee shall pay the property management fee, and the property management company also agrees to charge the lessee the property management fee, the lessee shall pay the property management fee. If the lessee fails to pay the due property management fee, the owner shall bear joint liability.

In fact, the current law also stipulates that owners can refuse to pay property fees under certain circumstances. The main reason is that the service of the property management company can not reach the relevant management level, and it is not qualified to ask the owners to pay the property fee. In addition, property companies can't use water and electricity cuts to urge the parties to pay property fees in the future.

legal ground

People's Republic of China (PRC) Civil Code

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.