The house is vacant. Do I have to pay the property fee? Look at the new provisions of the civil code!

If the house is empty, you have to pay the property fee. If the house you bought is really unoccupied and not decorated, you can apply for property reduction, and you can pay less 10% to 30% of the property fee. There are also basic rules when applying for relief. The requirement is that you can only apply if you have not lived in the house for more than six months, and you must also produce written proof. In addition, the old house is not within the scope of property fee reduction and exemption, and only the new house is eligible to apply. According to the relevant regulations, if the owner has stayed in the vacant property for more than six months continuously, and has not stayed or used it for a long time, the owner shall file a written record with the property management company and pay the vacant property management fee at 70% of the stipulated or agreed service fee. The so-called vacant house refers to a house where no one lives, and vacant houses also have to pay property fees. An uninhabited house still has to pay a property fee. Because no matter whether you live in or not, if you fail to pay within the time limit, the owner will bear the penalty for overdue payment. According to the provisions in the relevant interpretation, the property service companies and enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support them only because the owners have not enjoyed or do not need to accept the relevant property services. As the owner, it is a basic contractual obligation to pay the property management fee. If the owner does not live in the house, he should properly negotiate with the property company in advance about the standard of property fees. If negotiation fails, he will still pay according to the contract.

Property management is the property enterprise chosen by the owner, so the owner and the property service enterprise have a contract, and the maintenance and management of houses and facilities have to pay property fees. Even if the owner doesn't move in, the property management still needs to be maintained, so the owner who doesn't move in can pay less, but he can't help it.

Matters needing attention in paying property fees are as follows:

1, we must pay the money on time without any delay, otherwise the property company has the right to sue and also needs to pay liquidated damages, which is not cost-effective for everyone;

2. After the payment is completed, be sure to ask for a receipt to avoid mistakes in the future. You can also check it yourself, see how much it costs, and understand the specific situation.

Legal basis:

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.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 6

The property service enterprise has provided services in accordance with the contract and relevant regulations, and the people's court does not support the owner's defense on the grounds that he does not enjoy or does not need to accept relevant property services.