I took the property.

You can negotiate with the property, pay the property fee, and let the property company withdraw the lawsuit. Property companies are generally willing to do so. The proportion of late payment fees is generally not considered too high by the court, and will be adjusted on its own initiative. The late payment fee is stated in the residential property management service contract signed by the property and the owners' meeting, and it is reasonable and legal to collect it. This kind of litigation property basically wins, unless you have sufficient evidence to prove that the property has not fulfilled the contract.

Legal analysis

First, whether to withdraw the lawsuit depends on the result of negotiation between the two sides. You can actively negotiate and coordinate with the property service enterprises, pay the property fees and late fees as soon as possible, and strive for the other party to withdraw the lawsuit. Under normal circumstances, there is basically no possibility of winning the case because the property fee has not been paid. Second, the late payment fee due to non-payment of property fees is a normal charge, of course, it is not arbitrary charges. However, whether the standard exceeds the standard depends on local specific regulations. The property fee may not be paid in the following cases: 1; if the house is not delivered due to quality problems, the property fee shall be paid by the developer; 2. If the property company fails to perform the service responsibilities of the property contract, all the owners can refuse to pay, but there must be evidence to prove it; 3. The service quality provided by the property management company can't reach the standard stipulated in the property contract; 4. The property company does not have the original approval document of the price management department; Wait a minute. In the past, most property companies or owners' committees in commercial and residential areas required owners to pay the same standard property fees as permanent residents as long as they had a house with a key in the community.

Personal recommendation

If there is any dispute, it is best to settle it through consultation. Litigation is time-consuming, laborious and costly. Try to solve it through negotiation.

legal ground

People's Republic of China (PRC) Civil Code

Article 944 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.

Article 950 After the termination of the realty service contract, the original realty service provider shall continue to handle the realty service matters before the new realty service provider selected by the owner or the owners' congress or the owner who decides to manage it by himself takes over, and may require the owner to pay the realty fee for this period.