Job Recruitment Website - Property management - Can I reduce the property fee if I don't stay?
Can I reduce the property fee if I don't stay?
Property fees can be reduced or exempted under the following circumstances:
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 previously agreed delivery date, 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.
legal ground
Regulations of People's Republic of China (PRC) Municipality on Property Management
Twenty-third the construction unit shall express the temporary management agreement to the property buyer before the sale of the property, and explain it. When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management agreement.
People's Republic of China (PRC) Civil Code
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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