Is it legal to pay three thousandths of the property fee as liquidated damages?

Legal analysis: Whether the daily penalty of three thousandths of property fees is legal depends on whether the losses caused exceed 30% of the penalty, and the people's court will not support it. According to the laws of our country, the amount of liquidated damages shall be calculated according to the losses caused by breach of contract, and shall not be too high or exceed the value stipulated by law. If both parties to the contract have no objection, the standard of liquidated damages in the property contract is three thousandths per day, but generally speaking, the upper limit of liquidated damages in the contract is only the actual loss. Liquidated damages are punitive, not based on the premise that the non-breaching party suffers losses. Generally speaking, the upper limit of the contract penalty is not more than 30% of the actual loss. But if it is too high or too low, you can ask the court to reduce or increase it. Paragraph 2 of Article 585 stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to reduce them appropriately. However, liquidated damages are an estimate of the possible losses caused by one party's breach of contract when signing the contract, which is not completely consistent with the actual losses of the observant party after breach of contract; Therefore, it can be decided by the judge. At present, there are still many problems in property management, which need to be improved through legislation. Property companies actually want to serve the owners, but they can't be in the position of managers. In fact, the property management company has the obligation to perform the terms of the property management service contract. If the property management company fails to perform, the owners' committee can pursue legal responsibility.

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

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 582 Where the performance is not in conformity with the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, rework, replacement, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.

Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.