Job Recruitment Website - Property management company - Tenants sign property contracts with property companies.

Tenants sign property contracts with property companies.

Legal analysis: in the case of renting a house, whether the property fee should be borne by the owner or the lessor;

If there is an agreement between the owner and the lessee on the property fee in the lease contract, it shall be in accordance with the contract.

If the contract stipulates that the owner shall pay the property fee, the owner is the only subject to bear the property fee. However, if the contract stipulates that the lessee shall pay the property fee, the owner shall still bear joint and several liability for the payment of the property fee. Because, although the actual user of the property has obtained the property service, he is not a party to the property service contract, and the owner is still the first responsible person to pay the property service fee. If the owner and the lessee agree that the lessee should pay the property fee, the agreement belongs to debt transfer in nature. If the property company approves the agreement, it should be regarded as a legal relationship of debt commitment between the owner and the lessee, but this debt commitment is not exempted. According to the legal principle of exempt debt commitment, if the property fee is in arrears, the property company should directly sue the actual user of the property and can no longer claim compensation from the owner. However, the debt commitment agreed in the property fee is a co-existing debt commitment, and the owner cannot be exempted from liability because of the debt commitment, but still has to bear joint and several liability for the property fee.

Legal basis: Article 42 of the Regulations on Property Management: If the owner and the actual user of the property agree that the actual user will pay the property service fee, such agreement shall prevail, but the owner shall bear joint and several liabilities.