Is it the owner's obligation to pay the property fee?

It is the owner's obligation to pay the property fee. The property fee should be borne by the owner, and the owner can also stipulate in the lease contract that it should be borne by the user of the house, but the internal agreement cannot be against the property company. If the lessee refuses to pay, the property management company has the right to ask the lessor to pay and bear joint liability, and the owner of the house is the owner. In property management activities, owners enjoy the following rights: to supervise property service enterprises to perform property service contracts; Accept the services provided by the realty service enterprise according to the stipulations of the realty service contract.

If there is an agreement between the owner and the lessee on the property fee in the lease contract, it shall be in accordance with the contract. If there is no agreement between the owner and the lessee on the property fee, the property fee shall be borne by the owner. If the contract stipulates that the lessee shall pay the property fee, the owner shall still bear joint and several liability for the payment of the property fee. Because, although the actual user of the property has obtained the property service, he is not a party to the property service contract, and the owner is still the first responsible person to pay the property service fee. If the owner and the lessee agree that the lessee should pay the property fee, the agreement belongs to debt transfer in nature. If the property company approves the agreement, it should be regarded as a legal relationship of debt commitment between the owner and the lessee, but this debt commitment is not exempted. According to the legal principle of exempt debt commitment, if the property fee is in arrears, the property company should directly sue the actual user of the property and can no longer claim compensation from the owner.

Under what circumstances can I not pay the property fee?

1. Property management enterprises provide services by themselves, except as stipulated in the property management service contract. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees;

2, the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price;

3. If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee, and the property management enterprise may raise the property service fee without authorization, and some owners who raise it without authorization may not pay it. The property service contract stipulates that the service shall be paid first, and if the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee;

4. If the property has a overlord clause, the owner can refuse to pay, such as whether the previous property has negotiated with the owner to conclude a contract, or whether it has signed it by itself;

5. If the property fails to perform the contract, for example, the sewer is not cleaned regularly according to the contract requirements, the property fee may not be paid.

Legal basis:

property management regulations

Sixty-fifth in violation of the property service contract, the owners failed to pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.