Provisions of Civil Code on Arrears of Property Fees

According to the provisions of the Civil Law, if the owner defaults on the property fee, the property service enterprise may demand payment from the owner. If the owner still refuses to pay after the dunning, the property company can bring a lawsuit to the court.

1. It is the owner's obligation to pay the property fee to the property service provider as agreed.

2. If the owner fails to pay the property fee within the time limit, the property service provider may make a reminder. If the owner fails to pay the property fee after the reasonable period expires, the property service provider may bring a lawsuit or apply for arbitration according to the arbitration agreement.

3. 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, provided that the property service provider has provided the services in accordance with the agreement and relevant regulations.

4. Property service providers shall not stop heating, water supply, power supply and gas supply to urge the payment of property fees.

Is there a late fee for not paying property fees in the Civil Code?

1. Whether the property management company can collect late fees for the property management fees owed by the owners should be completely based on the provisions of the property management service contract. If the property service contract signed by the owner and the property management company contains the clause of collecting late fees, the property management company may collect late fees from the owner who fails to pay the property service fee within the time limit according to the contract.

2. If you are dissatisfied with the property management service, think that the service shrinkage violates the stipulations of the property service contract, refuse to pay the property management fee, and do not pay the late payment fee, you need to do a good job of obtaining evidence. At the same time, in the process of trial, we should also bear the burden of proof for breach of property management services.

3. According to the civil law, the late payment fee should belong to unpaid liquidated damages. Generally speaking, the liquidated damages cannot exceed the principal. In the prophase realty service contract, if the overdue payment standard of the realty management fee is set too high, which is obviously unfair, and it is suspected of overlord clause, the owner may reduce it.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 944 of the Civil Code of People's Republic of China (PRC).

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.