Why do you have to pay a one-year property fee to collect a house?

There is no relevant law to pay the property fee for the first time. Generally, it is a property fee payment contract signed by the property company and the owner. In order to facilitate management and avoid charging property fees to owners every month, property companies generally charge property fees to owners for one year. However, if the contract does not stipulate the time to pay the property fee, the owner can also choose to pay the property fee in the form of monthly payment. The calculation time of property fee is generally calculated according to the time when the owner closes the house, not according to the time when the owner moves in. Therefore, the owners need to pay the property management fee on time, regardless of whether they move in or not.

The property management fee shall be calculated from the date when the owner receives the notice of repossession, but not from the delivery date agreed in the purchase contract. If the developer fails to notify the owner in writing after the delivery date and the owner delays the delivery, the owner does not need to pay the property management fee. Even if the salesperson verbally informs the owner to recover the property, it does not conform to the process prescribed by law, and it cannot be regarded as that the developer has notified the owner to recover the property.

About whether the property fee can be paid late

If there is no clear provision in the law, it shall be implemented in accordance with the agreement in the property service contract.

If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. The property service fee shall be paid by the property developer before the property is actually delivered to the buyer for possession, and shall be paid jointly by the owner and the buyer after the actual delivery. Under normal circumstances, the property management service fee is paid monthly. Therefore, in real life, the property management service fee is generally paid in the second month after the buyer actually receives the house. In addition, when the owner receives the house from the developer, he has the right to actually occupy and use the house and enjoy the property management service of the property service company. As for the owners who actually do not live for some reason, it does not affect the property company to collect property service fees.

legal ground

property management regulations

Article 42

The price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

Article 43

The realty service enterprise may, according to the entrustment of the owners, provide services other than those stipulated in the realty service contract, and the service remuneration shall be agreed by both parties.

Article 44

Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Article 65

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.