Is it necessary to pay late fees for defaulting on property fees?

If the owner defaults on the property fee, there is no need to pay the late fee, unless otherwise agreed by both parties. At present, China's property management regulations do not clearly stipulate whether the property has the right to collect, which needs to be determined according to the terms in the property service contract signed between the owner and the property company. However, in some existing judicial precedents, the court supports the property management to collect late fees according to the contract; If it is not supported, it may request compensation for liquidated damages.

Legal objectivity:

property management regulations

Article 64

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit;

If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.

civil law

Article 585

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for 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.