Can I refund the property fee if the house is not rented?

Whether to refund the property fee if the house is not rented should be agreed in the contract.

If there is no agreement in the contract or the agreement is not clear, in principle, the return cannot be claimed. Unless the landlord rents the house to others and collects the property fee for half a year, the parties may claim to return it on the grounds that the landlord has unjustly benefited. Unjust enrichment has no legal basis, so although it is a fait accompli, it cannot be protected by law, and improper benefits should be returned to those who have suffered losses. This relationship of rights and obligations is the debt of unjust enrichment. Among them, the person who obtained the unjust enrichment is the beneficiary, the debtor of the unjust enrichment debt, and has the obligation to return the unjust enrichment; The person whose property has been damaged is the person who has suffered losses and is the creditor of the debt of unjust enrichment, and has the right to request the beneficiary to return the improper benefits. Unjust enrichment is a legal fact and the basis of debt. The debt caused by unjust enrichment is entirely based on the provisions of the law, not on the expression of the will of the parties, so it is not a civil legal act. The elements of unjust enrichment are:

1. One party obtains benefits, and the beneficiary has no legal basis to obtain improper benefits, which is one of the elements for the establishment of unjust enrichment. If one party damages the property of the other party and does not get any benefits from it, even if it should be liable for compensation according to law, it does not constitute unjust enrichment;

2. The other party suffers losses, and the other party does suffer losses, which is another important element for the establishment of unjust enrichment. If one party gains benefits and the other party does not suffer any losses, it does not constitute unjust enrichment;

3, there is a causal relationship between gains and losses, and there is a causal relationship between gains and losses, which means that one party's gains lead to the loss of the other party;

4, there is no legal basis, causing losses to the other party and allowing yourself to gain benefits. The reason why it constitutes unjust enrichment is because there is no legal basis for the acquisition of such benefits.

legal ground

People's Republic of China (PRC) Civil Code

Article 122 Because others have no legal basis, the person who has been unjustly benefited has the right to demand the return of the illegitimate interests. Article 985 Where the beneficiary obtained improper benefits without legal basis, the person who suffered losses may request the beneficiary to return the benefits obtained, except in any of the following circumstances:

(1) Remuneration for performing moral obligations;

(2) Liquidation before the maturity of debts;

(three) knowing that there is no obligation to pay.