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How long has the property fee been overdue?
How often do you pay the property fee?
1. In general, when the house is handed over, the owner and the property management company will sign a "Pre-Property Management Contract", which states that the owner needs to pay the property fee after taking over the house. Even if the house is still in the renovation stage and the owner has not moved into the new house, the property company will provide property services from this time, and the owner naturally needs to pay a certain property fee.
2. China's laws clearly stipulate that property management companies charge property management fees. Without the owner's consent, the property management company can't charge the property fee for more than six months at a time, and can't ask the owner to pay the deposit for more than one year. So now most communities pay property fees on a monthly basis, as do utilities.
The difference between liquidated damages and overdue fines
1. Comrades engaged in civil and economic trials will encounter such a situation. According to the provisions of the sales contract, processing contract, loan contract, lease contract and other nominal contracts, whether one party should demand payment of late fees. With the other party, or in the case that the other party is in arrears with various payments?
2. The late payment fee is an extra payment due to the expected payment of various fees to the state. It is a form of administrative responsibility, which can only be applied to the expected payment to the state, so it is only a form of responsibility for violating administrative acts. Liquidated damages mean that according to the agreement of the parties or the legal provisions, one party should pay money to the other party in case of breach of contract. It is an important form of civil liability, which can only be applied to breach of contract, so it is only a form of liability for breach of contract.
3. Late payment fee is the executive punishment of administrative management, and its specific applicable provisions are in various administrative regulations. For example, Article 20 of the People's Republic of China (PRC) Tax Collection and Management Law and Article 15 of the Provisional Regulations on Enterprise Income Tax in People's Republic of China (PRC) stipulate that taxpayers who fail to pay income tax in advance within the prescribed time limit shall be regarded as late payment fees, and in addition to ordering them to pay taxes within a specified time limit, they shall be charged with late payment fees according to regulations. The Notice on How to Collect Late Fee for Failing to Pay the Energy Fund stipulates that all units that should pay the energy fund must go through the payment formalities in time according to the payment deadline determined by the tax authorities; If it fails to pay within the time limit, the local tax authorities shall, in addition to paying the payable amount within a time limit, impose a late payment fee of 0.5% of the late payment fee on a daily basis from the date of delay.
4. Both General Principles of Civil Law and Contract Law stipulate liquidated damages. In the section on violation of civil liability in the General Principles of Civil Law, the parties may stipulate in the contract that one party shall pay a certain amount of liquidated damages to the other party when it violates the contract. In the chapter of liability for breach of contract, the Contract Law stipulates that the parties may agree that if one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.
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