Is it a breach of contract for tenants not to pay property fees?

Tenants who don't pay property fees are not in breach of contract, and property fees have nothing to do with them. Unless the failure to pay the property fee affects his residence, he may pay the liquidated damages according to the regulations, and the payment standard shall be decided by both parties through consultation.

Legal analysis

It is not a breach of contract, unless you produce evidence to prove that the tenant does not pay the property fee, which affects the residence. This property fee itself has nothing to do with you, and you don't need to pay it yourself. If your current residence is affected by the tenant's failure to pay the property fee, such as constantly asking you for the property, affecting your normal residence and use of the house, such as resting and working, or other circumstances such as water and electricity cut off, then the tenant is in breach of contract, and he can fully investigate the tenant's responsibilities according to the contract, including returning the house and asking him to compensate for the losses. Breach of contract refers to non-performance, improper performance and delayed performance of contractual obligations. There are three main reasons for non-performance: the parties' weak legal awareness, limited cultural knowledge, insufficient attention to the main terms, and the loose implementation of the contract objectively condone the occurrence of breach of contract. Breach of contract is detrimental to the seriousness of the contract and is not conducive to ensuring the safety of the transaction. The condition for paying liquidated damages is generally that one or both parties breach the contract. Although the breaching party has the fact of breach of contract, but it has no intentional or negligent fault of breach of contract, it shall not be liable for breach of contract. Although fault liability is reasonable to some extent, it also has disadvantages, which makes it more difficult for the observant party to give evidence and the court to determine the facts. It is very casual to apply. Because of the disputes arising from breach of contract, it is difficult to have an accurate quantitative standard for the degree of breach of contract. In fact, the default party's division of fault size brings great arbitrariness to the judge's subjective determination, and it does not rule out that human relations are at fault. In addition, as long as the fact that the parties fail to perform the contract is ascertained and the external causes of force majeure are ruled out, the parties can be deemed to have breached the contract without repeated proof.

legal ground

"Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of 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. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.