Job Recruitment Website - Property management - Does the property company have the right to directly sue the lessee for paying the property fee?

Does the property company have the right to directly sue the lessee for paying the property fee?

First of all, it depends on how the lessee and lessor agree on the payment of property fees. If there is no clear agreement, who will use the expenses can directly sue the lessee and ask the owner to bear joint liability. The lessee can be directly called the lessee. For example, if the property owner rents out certain specific areas he owns, such as booths, storefronts, commercial places or residences, then an agreement is signed with the property owner, and the other party renting out the places or residences is the lessee.

Legal analysis

According to relevant laws and regulations, the lessee shall use the leased property in the agreed way. It is the lessee's obligation to use the lease item as agreed. The purpose of the lessee's possession of the leased property through the lease relationship is to use the leased property and gain benefits from the use of the leased property. The right to use the leased property is a basic right of the lessee in the lease contract. However, because the lessee has only obtained the right to use and the right to benefit from the leased property, it will eventually be returned to the lessor, so that the lessee can ensure that the leased property conforms to its own quality and utility from beginning to end. At the same time, everything has normal consumption after use, depreciating constantly and eventually losing its value. The lessee's actual possession of the lease item shows that the lessee has the power to control and dominate the lease item. The combination of space, time and law is the criterion for judging factual control: the combination of space indicates that the leased property is under the control of the lessee, and the combination of time requires certain continuity of this control, while the combination of law emphasizes the control effectiveness of the lessee.

legal ground

People's Republic of China (PRC) Civil Code

Article 709 The lessee shall use the lease item in accordance with the agreed method. If the method of using the lease item is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be used according to the nature of the lease item.

Article 712 The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.