How long has the property fee been overdue?

Late fees can only be collected if the property fee is overdue for one month. At present, China's property management regulations do not clearly stipulate whether the property has the right to collect late fees, which needs to be determined according to the terms in the property service contract signed by the owner and the property company. In the existing judicial precedents, some courts support property management to collect late fees according to the contract, and those who do not support it can claim liquidated damages.

legal ground

Article 64 of the Regulations on Property Management

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.

Article 585 of the Civil Code

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.