Do owners need to pay property fees if they don't move in?

Many owners of vacant houses think that there is no need to pay property fees because they have never lived in a house. In fact, no one lives in the house, which cannot be the reason for the owner to refuse to pay the property fee. As long as the developer has delivered the house, the owner needs to pay the property fee. However, the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Property Services, which has not stayed for a long time, points out that property fees are the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, rectification and other services related to residents' lives in residential areas. Other expenses agreed by the owner are also included in the property fee.

Second, no one lives in the house, so we can't refuse the property fee.

According to the Provisions of the Supreme People's Court on the Trial of Property Service Disputes, the property service enterprise has provided services in accordance with the contract and relevant regulations, and the people's court will not support the owner's defense on the grounds that he does not enjoy or does not need to accept relevant property services. In other words, the house is vacant and the property fee has to be paid. Owners can't refuse to pay for not enjoying property services.

Moreover, Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that the preliminary property service contract signed by the construction unit and the property service enterprise according to law, as well as the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law, are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Third, in a few areas, owners can pay less property fees.

If the owner does not move in, we can see if we can pay less property fees according to local policies. However, most of them refuse to pay without reason. Only a few areas support the owners to discount the property fees after applying for vacancy, and the discount range is between 50% and 90%.

So whether you live in it or not, the property is taking care of your house to a certain extent, and the house still enjoys the service of the property, and the property fee is still to be paid. Therefore, it has nothing to do with paying property fees, but it may be related to how much you pay.

4. In these cases, the owner may not pay the property fee.

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

4. If the property management company arbitrarily expands the charging scope, raises the charging standard and charges repeatedly, the owner may refuse to pay.

5. There are defects in the maintenance of public facilities and public health.

6. There is something wrong with the construction quality, and the property management company has not fulfilled its maintenance obligations. If the house leaks, it cannot be solved after being reported to the property management company for maintenance.

7, management responsibility is not in place. If illegal construction, load-bearing wall removal and other illegal acts are not stopped in time and effectively.

8. Failure to fulfill the security obligations. If property is stolen, vehicles are stolen or scratched; Infringed by the third person in the community, etc.

9. The property company does not publish the accounts, which infringes on the owner's right to know.

10, abuse of power by property company personnel. Breaking into the owner's house illegally is to cut off the electricity, water and gas for the owner illegally.

1 1. The property management company overstepped its authority, for example, taking advantage of the public venues and facilities in the community to seek improper benefits without authorization.