Legal basis of charging standard for vacant property houses

Legal Analysis: According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings and the Provisions on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Property Services, the property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's courts will not support the owners who only claim that they do not enjoy or need to accept relevant property services. In other words, the house is vacant and the property fee has to be paid. Owners can't refuse to pay for not enjoying property services. According to the Measures for the Implementation of Residential Property Service Charge Management, if the house is vacant for more than half a year after delivery, the property service fee shall be paid at 70% of the property service charge standard after confirmation by the owner or property user and the property service enterprise, unless otherwise agreed in the contract. Therefore, in the absence of special agreement with the property, if the house is vacant for more than half a year after delivery, you can only pay 70% of the property service fee.

Legal basis: Article 285 of the Civil Law of People's Republic of China (PRC), a realty service enterprise or other manager shall, on the entrustment of the owner and in accordance with the provisions of the third part of this Law on realty service contracts, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

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The above answer is only for the current information combined with my understanding of the law, please refer carefully!

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