Job Recruitment Website - Property management company - How to calculate the late payment fee for the property?
How to calculate the late payment fee for the property?
1, amount of overdue fine = overdue fine * proportion of overdue fine * days of overdue fine. 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;
2. No matter whether the owner intentionally fails to pay the fee or because he is not satisfied with the service of the property management unit, the owner must pay a certain late fee after the prescribed time limit is exceeded.
It is legal not to pay the property fee under the following circumstances:
1. The developer may refuse to pay the property fee if he delays the delivery. If the developer fails to produce the supporting documents or the supporting documents are incomplete, the purchaser has the right to refuse to hand over the house, and the developer shall bear the responsibility for delaying the delivery. Since the house has been delivered, the relevant property management fees should be paid regardless of whether the owner actually lives, because many property services have been provided by property management companies regardless of whether the owner actually lives;
2. If the original owner owes money, the new owner can refuse to pay the property fee. According to the "Regulations on Property Management", if the owner and the property user agree that the property user will pay the property service fee, the owner shall bear joint liability from the agreement. Therefore, the owners and users of the property are jointly and severally liable for the property fees. If the original owner fails to pay, the property user needs to pay the property fee;
3. If the house inspection is unqualified, you can refuse to pay the property fee. When delivering the house, the developer shall provide the buyer with the house acceptance certificate; If the purchased commercial house is residential, the developer also needs to provide a residential quality guarantee and a residential instruction manual. If the documents are incomplete, the owner can reject the house without generating property fees.
Legal basis:
Article 282 of the Civil Code of People's Republic of China (PRC)
The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost.
Article 283
Matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be followed; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.
Article 284
Owners can manage buildings and their ancillary facilities by themselves, or entrust property service enterprises or other managers to manage them.
The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
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