Do I have to pay the full property fee for a house where no one lives?

If you don't live in a house, you have to pay the full property fee, because the property service is to provide public services for the whole community, and the workload will not be reduced because individual houses are vacant. Therefore, if the owner does not move in, the house still accepts property-related services, and the owner needs to pay the property fee. Unless the residential property or the city where it is located has a reduction or exemption regulation, the full property fee is generally paid.

1. Under what circumstances can you not pay the property fee?

It is the owner's obligation to pay the property fee, but it may not be paid in the following circumstances.

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.

Second, the new regulations on the payment of residential property fees.

1, there is no need to pay private property fees. Some property companies charge "decoration management fee", "garbage transfer fee" and "public facilities maintenance fee" for profit under various excuses. Items collected by these properties themselves are not allowed. If the property is forcibly expropriated, the owner can report to the relevant departments in addition to not paying the money.

2. There is no need to pay the expenses arising from the owner's breach of contract. The service standard and charging standard of the property must be implemented in full accordance with the signed contract. If the property lowers the service standard or raises the charging standard, the owner has the right to report to the relevant department without paying the fee; At the same time, if the supporting facilities of the residential area are inconsistent with the developer's commitment, the property shall reduce the service fee for the owner according to the actual situation, and the fee shall be compensated by the developer.

3. There is no need to pay property fees during overdue delivery. Many auction houses will clearly write the delivery date in the purchase contract, and sometimes due to the developer's reasons, the delivery will be overdue. However, the property fees of some properties are collected from the delivery time agreed in the contract, which does not meet the requirements. In the case of overdue delivery by the developer, the property has no right to collect the property fee from the owner during the unpaid period.

legal ground

property management regulations

Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Sixty-fourth in violation of the property service contract, the owners did not 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.

Article 944 of the Civil Code of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.