Can the defendant rent the house without paying the property fee?

The defendant's house can still be rented without paying the property fee, but the property fee will be recovered. Property management companies should first negotiate with the owners and urge them to pay the fees. If the owner fails to pay within a reasonable period of time after being urged, the property management company may make a decision to sue the owner, requiring the owner to pay the property fee and bear damages such as late fees and liquidated damages.

legal ground

Article 41 of the Regulations on Property Management

The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Article 65

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.