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What is the latest legal provision for late payment of property fees?

Legal analysis

Short-term arrears generally do not charge late fees. Whether or not to charge late fees for property fees depends on the stipulations of the property service contract. If the contract contains the clause of surcharge for late payment, the property company can collect the late payment fee according to the proportion agreed in the contract. The specific levy amount varies according to the requirements of each property company. The late fee here is actually liquidated damages, because the unpaid property fee violates the property service contract signed by both parties. Therefore, if there is a clause about overdue payment in the contract, it should be implemented according to the contract. If there is no agreement in the contract, the property management unit shall not collect it without authorization. Therefore, if the property fee is in arrears, it is likely to need to pay late fees (liquidated damages). The specific amount depends on the specific agreement in the property management contract, which is generally three thousandths. Generally speaking, the property will charge the overdue property fee according to the daily fine of 5%. If the owner fails to pay the property management fee to the property management unit on time, the property management unit has the right to charge the owner a late fee for the property management fee. No matter whether the owner is unwilling to default or because he is dissatisfied with the service of the property management unit, he deliberately fails to pay the fee. After the prescribed time limit is exceeded, the owner needs to pay a certain late fee.

legal ground

Article 944 of the Civil Code of People's Republic of China (PRC), 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.