Do I have to pay the property fee for the newly bought house before it is closed?

(Reporter: Zhang Jian) Five years ago, Mr. Wang of Tianjin bought a commercial house, but because of the quality problem of the house, the developer needed to carry out rectification, and Mr. Wang never closed the house. Not long ago, the developer sent a notice to Mr. Wang, demanding that the building be repossessed on time, including a reminder letter to urge the payment of property fees and other related expenses. In this regard, Mr. Wang expressed incomprehension. What he wants to know is that he has been unable to accept the house because of the quality of the house. If he doesn't accept the house, can he not pay the property fee?

Answer:

In response to the above problems encountered by Mr. Wang, the Beijing News reporter interviewed Xia Guangyu, director of Beijing Law Firm.

According to lawyer Xia Guangyu, generally speaking, if the commercial housing project has been delivered, regardless of whether the owner has moved in or not, even if the house is vacant, the corresponding property fee should be paid. The Civil Law stipulates that 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.

But Mr. Wang's problem needs to be analyzed according to the actual situation. According to the property management regulations, the owner shall pay the property service fee according to the agreement in the property service contract. If the owner and the property user (such as the lessee) agree that the latter shall pay the property service fee, the owner shall bear joint liability according to the agreement; Property that has been completed but not yet sold or delivered to the owner, the property service fee shall be paid by the construction unit.

Lawyer Xia Guangyu further introduced that if the house is not closed because of the quality problem delivered by the developer, Mr. Wang does not need to pay the property fee, and the property fee in this process should be borne by the developer; If Mr. Wang fails to close the house in time due to his own reasons, he needs to pay the property fee as agreed.