How to calculate the property fee with late fees?

The overdue fine for property fees shall be collected according to the proportion agreed in the contract. At present, China's property management regulations have not clearly stipulated 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. The calculation formula of property late payment fee is: late payment fee amount = late payment fee × late payment fee ratio × overdue days. It can be seen that the late fee for property fees is calculated according to the number of days overdue and the amount paid by the owner. Taking the property fee of 2000 yuan as an example, the proportion of late payment fee is 3‰. If the property fee is overdue for 10 day, the daily late payment fee is 2000*3‰=6 yuan, multiplied by the actual overdue days 10 day, and it is concluded that the merchants need to pay the late payment fee 60 yuan. Property fees include the following items: 1, salary of management service personnel, social insurance and welfare fees drawn according to regulations. 2. The daily operation and maintenance expenses of the parts, facilities and equipment used by the property. 3, property management area cleaning costs. 4, the property management area greening maintenance costs. 5, property management regional order maintenance costs. 6. Office expenses. 7. Depreciation of fixed assets of property management enterprises. 8 parts of the property, facilities, equipment and public liability insurance fees. 9. Other expenses agreed by the owner. Legal basis: Article 64 of the Property Management Regulations violates the stipulations of the property service contract, and if the owner fails to pay the property service fee within the time limit, the owners' committee shall urge him 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 General Principles of the Civil Law of People's Republic of China (PRC) * * * The parties may agree that if one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party, or they may agree on the calculation method of damages 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.

Validation of laws and regulations: June 2024 17