How to calculate the due time of rental property fee?

First, how to calculate the rental property fee?

If there is no agreement in the house lease contract, the lessor will pay the rental property fee, but if both parties agree in the contract that the lessee will pay the property management fee to the property management company according to the contract.

If the lessor and the lessee agree in the contract that the lessee shall pay the property management fee to the property management company and abide by the relevant management regulations of the property management company, and the contract is confirmed by the property management company in writing, the lessor will transfer its creditor's rights and debts with the property management company to the lessee, and the lessee will perform this part of rights and obligations to the property management company. If the lessee fails to pay the property fee, he shall be liable for breach of contract to the property company.

2. Can the property management company ask the lessor to pay?

If the lessor and the lessee agree that the lessee shall pay the property management company the property fee, and the property management company has confirmed it in writing, then the property management company can no longer ask the lessor to pay, otherwise the property management company still has the right to ask the lessor to pay.

In other words, the agreement that the lessee pays the property fee to the property company must be confirmed by the property company.

If this agreement between the lessor and the lessee is not confirmed in writing by the property management company, then this agreement can only be binding on the lessor and the lessee, and has no effect on the property management company, and the lessor must be responsible for the property management company.

Three, the property company claims, the lessor can take measures.

1. What should the lessor do if the property management company claims the property fee from the lessor?

If the lessor has submitted the lease contract to the property management company for the record and obtained the written confirmation from the property management company, then the lessor may refuse to pay the unpaid property fee of the lessee. Of course, in order to continue to rent the house smoothly in the future, the lessor can also pay in advance and then recover from the lessee and ask him to bear the liability for breach of contract.

2. If the lessee does not pay the property fee, what measures can the lessor take?

If the lessee fails to pay the property fee, the lessor shall require the other party to perform it within a certain period of time. If the lessee still fails to perform, the lessor may terminate the lease contract and notify the other party to pay the unpaid property fee with the prepaid rent and deposit paid by the lessee.

legal ground

civil law

Article 708 The lessor shall deliver the lease item to the lessee in accordance with the contract, and keep the lease item in line with the agreed purpose during the lease period.

Article 709 The lessee shall use the lease item in accordance with the agreed method. If the method of using the lease item is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be used according to the nature of the lease item.

Article 710 Where the lessee uses the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for compensation.