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Is it legal to collect tenant deposit for residential property?
Legal analysis: investigate the other party's responsibility according to the contract. Non-owner users have no direct relationship with developers and property service companies, are not the clients of property management contracts, nor are they the owners of property scope, and usually do not attend owners' meetings and owners' committees. The owner is the party to the property service contract and has the obligation to pay the property fee. The agreement between the owner and the non-owner user belongs to the transfer of creditor's rights.
Legal basis: Article 42 of the Regulations on Property Management, the owner shall pay the property service fee according to the agreement in the property service contract. If the owner and the property user agree that the property user shall pay the property service fee, the owner shall bear joint and several liability from the agreement. However, there was no relevant agreement between the two defendants in the above cases, so the court made a first-instance judgment that the owner should bear the responsibility of paying property fees. Of course, the owner can recover from the actual user after fulfilling the obligation to pay the property fee.
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