When will I pay the property fee if I don't sign the house?

Recently, Ms. Li, a netizen, encountered such a troublesome thing, saying that her house had not been rectified, but she received a notice to pay the property fee, which made her very depressed. Angry, she can't help but ask: when will the owners start paying property fees?

"I found a lot of problems in the house inspection, but I haven't rectified it yet, but the property informed me to start paying the property fee? This is so unreasonable! " Recently, Ms. Li, a netizen, encountered such a troublesome thing, saying that her house had not been rectified, but she received a notice to pay the property fee, which made her very depressed. Angry, she can't help but ask: when will the owners start paying property fees?

Owner: Do you have to pay the property fee if you don't sign the house?

It is reported that at the end of last year, Ms. Li received a notice of delivery from the developer. At the beginning of June 5438+ 10 this year, Ms. Li invited a house inspection company to inspect the house. Unexpectedly, this inspection found many problems: several holes, uneven walls, ungrounded wires, no sealant installed between the door frame and the wall, cracked bathroom walls, uneven installation of kitchen doors ... Seeing that there were so many problems in her house, Ms. Li did not sign the house, and she immediately asked the developer to rectify it.

In February, Ms. Li went to the new house to check the rectification, and found that it had not been completely rectified and the house had not been used, but what puzzled her was that the property management company required to pay the property management fee, starting from 65438+ 10/0/. "I didn't sign a house, and the house is still in the rectification stage. Why should I pay the property fee? " But Ms. Li Can just complained.

Property: Property fee should be paid after delivery.

Turn a circle and find the person in charge of the property company of the property. He said that they did start charging property fees from 1. Because they began to provide property services as early as before the delivery, such as the cleaning of the community and the maintenance of the garden. Property management is a continuous work, so the property fee should be charged when the house is handed over.

The person in charge of the property said: "The house was delivered after the comprehensive overall acceptance of the relevant departments, and we all hung up the relevant acceptance record form. When the house is delivered, you have to pay the property fee. As for rectification, it belongs to the scope of housing warranty and will definitely be rectified, but the property fee will of course be paid. "

Lawyer: Property management fees should be charged according to law.

According to Article 42 of the Property Management Regulations, the owner shall pay the property service fee in accordance with 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. The property service fee shall be paid by the property developer before the property is actually delivered to the buyer for possession, and shall be paid jointly by the owner and the buyer after the actual delivery. Under normal circumstances, the property management service fee is paid monthly. Therefore, in real life, the property management service fee is generally paid in the second month after the buyer actually receives the house. In addition, when the owner receives the house from the developer, he has the right to actually occupy and use the house and enjoy the property management service of the property service company. As for the owners who actually do not live for some reason, it does not affect the property company to collect property service fees. According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, if the property service enterprise has provided services in accordance with the contract and relevant provisions, and the owner only claims that he does not enjoy or need to accept the relevant property services, the people's court will not support it.

(The above answers were published on 20 17-06- 19. Please refer to the actual situation for the current purchase policy. )

For more real estate information, policy interpretation and expert interpretation, click to view.