Job Recruitment Website - Property management company - Do you have to pay property fees if you don't live in a new house in civil law?
Do you have to pay property fees if you don't live in a new house in civil law?
The obligation of the owner to pay the property management fee directly comes from the agreement of the property management contract. Property management companies perform their obligations in accordance with the contract, and the service provided is a public service. The management cost of a community will not be reduced because one or several people don't live here. Although individual owners do not actually live in the residential area, the daily management work of cleaning, security, greening, repair and maintenance of houses and public facilities and equipment in the residential area has been carried out by property management companies, and the workload and expenses have not been reduced. Property management companies perform their obligations based on the contract, and the owners should also perform their obligations to pay management fees according to the contract. According to the law of our country, the owner should 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.
To sum up, the property fee is paid by the owner, and the owner cannot refuse to pay this fee because he does not enjoy the service of the property. Whether or not any residents have paid, the owners need to fulfill their obligations. Therefore, we must negotiate with the owner when dealing with it, so as to protect their respective rights and interests.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 944
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.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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