How to bear the responsibility for breach of contract in property management contract

The liquidated damages for property fees are generally calculated according to the agreement of the parties in the property service contract. The calculation method of liquidated damages for property fees is generally agreed to be three thousandths. If it is higher than the standard of liquidated damages prescribed by law, it may be required to reduce it appropriately.

The clearly marked price of property service charges includes: the name of the property management enterprise, the charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management form, charging basis, price reporting telephone number 12020, etc.

Property management fee refers to the fee that a property management company should pay to provide property management services to property users or owners according to the property management service contract.

Article 186th of the Civil Code of People's Republic of China (PRC)

If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort. Article 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail. Article 458. Possession due to contractual relationship, etc. The use, income and liability for breach of contract of real estate or chattel shall be in accordance with the contract; If the contract is not stipulated or clearly stipulated, it shall be implemented in accordance with relevant laws and regulations. Article 488 The content of acceptance shall be consistent with the content of offer. If the offeree materially changes the contents of the offer, it is a new offer. Changes in the subject matter of the contract, quantity, buried amount of the pledge, price or remuneration, time limit, place and method of performance, liability for breach of contract and dispute settlement are substantial changes to the contents of the offer. Article 522 Where the parties agreed that the debtor should perform the debt to the third person, and the debtor failed to perform the debt to the third person or the performance was not in conformity with the agreement, it shall be liable to the creditor for breach of contract.

If the law stipulates or the parties agree that a third party may directly request the debtor to perform the debt, and the third party fails to explicitly refuse within a reasonable period of time, or the debtor fails to perform the debt or the performance is not in conformity with the agreement, the third party may request the debtor to bear the liability for breach of contract; The debtor's defense against the creditor may be claimed by a third party.