Job Recruitment Website - Property management - What should the new owner do about the property fee owed by the former owner?
What should the new owner do about the property fee owed by the former owner?
1. The property fee owed by the former owner shall be settled by the former owner. The property fee owed by the former owner belongs to the debt between the former owner and the property, and the property right of the house has been transferred, but it does not mean that the debts related to the house will also be transferred. Therefore, after establishing a new property service contract relationship with the property company, the new owner does not need to bear the property fee owed by the original owner, but only needs to bear the property fee generated after obtaining the property right.
2. Legal basis: Article 41 of the Property Management Regulations.
The owner shall 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.
Two, the owner can refuse to pay the property fee.
Only under the following circumstances, the owner can not pay or underpay the property service 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. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee shall be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee;
4. If the property has overlord clause, the owner can refuse to pay. For example, whether the previous property has negotiated with the owner to conclude a contract, or whether a contract has been signed separately;
5. The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.
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