Job Recruitment Website - Property management - Can I reduce the property fee if I don't stay? Is there a rule?
Can I reduce the property fee if I don't stay? Is there a rule?
2. Property fees can be reduced or exempted through negotiation. The general property fee of 1 year can be reduced by 1 month, up to 70%. Because there is no check-in, no elevator, no public lighting, no electricity bill, and no one will produce domestic garbage when living at home. These are all saved for the property management company, so the property management fee can be reduced.
1. Under what circumstances can the property fee be reduced or exempted?
1. If the house is not delivered, the property fee shall be paid by the developer.
Property fees are generally paid in advance for half a year or one year from the day of turnkey. If the quality problem is found to seriously affect the occupancy when the house is handed over, the developer will pay the property fee before the house is repaired and notified again. Remember that your words are groundless, and you must keep the evidence. If the delivery of the house is delayed due to the owner's reasons, the starting time of the property fee shall be calculated from the delivery date agreed before, and the property fee during the extension period shall be paid together with the owner's receipt of the house.
2. The house is for rent, and the contract indicates that the property fee shall be paid by the tenant.
If the house has been rented, the property fee shall be borne by the owner unless otherwise agreed by both parties. If there is a clear agreement in the lease contract that the property fee shall be paid by the lessee during the lease period, and the contract is confirmed in writing by the property management company, the property fee shall be paid by the lessee and the owner shall bear joint liability.
3. Vacant houses can apply for property fee reduction.
After the acceptance of the owners, vacant houses that have not been renovated and do not have occupancy conditions or have not been used for a long time after occupancy may apply to the property for reduction or exemption of property fees. The specific relief range is determined by the owner and the property through consultation, which is generally 70% or 50% of the charging standard agreed in the contract. However, in order to avoid the emergence of fake vacant houses, the property will charge a one-time property fee for half a year and control water and electricity.
4. The property raises the charging standard and expands the charging range without authorization.
In violation of the contract or the relevant provisions, the people's court shall support the expansion of the scope of fees, the increase of fees or the repeated charges without authorization. If the owner requests the property to refund the illegal fees it has collected, the people's court shall support it. Therefore, if the property management company charges in violation of regulations, the owner can raise a defense and refuse to pay.
Second, what is the impact of not paying property fees?
1, in violation of the property service contract, failing to pay or refusing to pay the property service fee within the time limit without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit. If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court. After a written reminder, the owner refuses to pay the property service fee without justifiable reasons or within a reasonable period of time.
2. If the property service enterprise still fails to pay the property fee and requires the owner to pay the property fee, the people's court shall support it. The realty service enterprise has provided services in accordance with the contract and relevant regulations, but the owners do not enjoy or accept them;
3. The people's court will not support the defense of property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.
3. Is the property fee for vacant houses reduced or exempted?
Property fees still have to be paid, but they can only be paid in part, not in full.
legal ground
property management regulations
Fortieth property service charges should follow the principles of rationality, openness and the adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.
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.
People's Republic of China (PRC) Civil Code
Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.
Property service providers include property service enterprises and other managers.
Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.
The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.
The realty service contract shall be in written form.
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.
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