Can I not pay or pay less property fees if the house is unoccupied? What are the consequences of forcibly not paying or paying less property fees?

As we all know, as the owner, as long as he enjoys the property service, he should pay the property fee, so can the house be unoccupied without paying or paying less? What are the consequences of forcibly not paying or paying less property fees? Next, let's take a closer look.

1. What is the property fee?

Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, renovation and other services for houses, buildings and equipment, public facilities, greening, sanitation, transportation, public security, environment and other facilities related to residents' lives in residential areas.

The composition of property fees includes:

1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;

2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;

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. Part of the property, facilities, equipment and public liability insurance fees;

9. Other expenses agreed by the owner.

Second, if the house is unoccupied, can we not pay or pay less property fees?

There is a charge. According to Article 944 of the Civil Code officially implemented in 202 1, "The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. " Through this regulation, we can see that even if the house is vacant, we have to pay the property fee. Although the owner has not moved in, but the house itself is enjoying the maintenance, management, greening, cleaning and other property services of public facilities, it is not established to refuse to pay the property fee on the grounds that the house is vacant and uninhabited.

After the developer has hosted the handover procedure for the household, but the householder has been vacant for a long time, it is necessary to pay all the property management fees, because the services of the property management company are not aimed at a single householder, but at the whole community, not only the management fees of the house, but also the management of public facilities, public security, parking spaces and garbage fees. Because the property management company has fulfilled its legal responsibility and paid something, it cannot refuse to pay the property management fee because a small number of houses are vacant.

Some property fees can be reduced or exempted through negotiation. Generally, the annual property fee can be reduced for one month, up to 70%. Because you don't stay, don't use elevator, lighting, garbage disposal and other property services, you can save money for the property. If the house is vacant, the main reason is that it does not have occupancy conditions. For example, the embryo room can apply to the property management office for property fee reduction, but it is only effective if the owner reaches an agreement with the property company.

The State Council's "Regulations on Property Management" is not clear, and some provinces and cities have their own regulations on how to collect the property management fees before the after-sale owners use them. Specifically, it also depends on what provinces and cities the house is in, and whether there are clear regulations on collection and reduction.

Under what circumstances can I not pay the property fee?

According to the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, this paper summarizes and lists six common situations in which property management fees can be refused:

1. If the house is not delivered due to quality problems or other developer problems, the developer shall pay the property fee;

The collection of property fees should be calculated from the date when the owner receives the notice of repossession, not from the date when the house is delivered as agreed in the purchase contract. If the developer fails to notify the owner to hand over the house, the owner may refuse to pay the property fee during this period.

2. If the property company fails to perform the service responsibility of the property contract, all the owners can refuse to pay, but there must be definite evidence;

3. The service quality provided by the property management company can't reach the standard stipulated in the property contract;

4. The property company does not have the original approval document of the price management department;

5. The property management company increases the charging items, expands the charging scope and raises the charging standard without authorization;

6. If the energy cost generated by power equipment such as heating and central air conditioning required by the property management company is not within the scope of payment by the owner, it may refuse to pay.

3. What are the consequences of not paying or paying less property fees by force?

Owners cannot enjoy property services; Need to bear the responsibility for breach of contract and compensate for the losses. Property fee is the obligation of the property company to provide services and the owner to pay the property fee in the property service contract signed between the property company and the owner. The owner's failure to pay the property fee is a serious breach of contract, and if it causes losses to the other party, it shall compensate for the losses.

1, involving judicial troubles

Failure to pay the property fee to the owner violates the property service contract. If the owner fails to pay the property fee for a long time, the property company will sue the owner who fails to pay the fee, and the result of the prosecution is to ask the owner to make up the property fee owed. In this way, it is inevitable to be involved in judicial proceedings.

2. Breach of property contract

If the property management company does not violate the relevant provisions of the contract, the owner must pay the property fee according to the contract, otherwise it is the owner's breach of contract. In the case of default by the owner, the property company has the right not to provide services to the defaulting owner.

3. Affect personal credit.

Arrears of property fees have been classified as dishonesty, which is included in the personal credit information system and affects personal loans. If the owner fails to pay the property fee and refuses to implement it after the court decides, then the court will include this behavior of the owner in the credit report.

4. What should I do if I am not satisfied with the property service?

From another point of view, the owner's default on property fees is essentially caused by dissatisfaction with property services. If you are not satisfied with the services of the property management company, the owners can safeguard their rights and interests in a more reasonable way, such as:

1, complain to relevant departments.

Most communities have established owners' committees. If you are not satisfied with the property service, you can set up an owners' committee to communicate the charging standard with the property company. Every owner has the right to raise objections. The general assembly can discuss and formulate new charging standards. If no agreement can be reached, you can also complain to the housing management department.

2. Change the property management company

If the property management contract with the property management company has expired, the owners' committee will notify the property management company to quit, and then the owners' committee will hire a new property management company.

If the property management entrustment contract with the property management company has not expired, the owners' committee shall notify the property management company to terminate the contract and negotiate to terminate the contract. If negotiation fails, bring a lawsuit to the local court to demand the dissolution of the property management contract. After the judgment takes effect, a new property management company will be hired.

Personal experience: the property fee in my community is paid annually. Generally, even if the house is uninhabited, as long as it is the owner of the community, it is necessary to pay the property fee. After all, the maintenance of public facilities and the cleanliness of the environment in the community depend on the property. However, if you are not in the community all the year round, you can negotiate with the property for a certain fee reduction. Success depends on the specific property. If the property itself is not well done, the owners have the right not to pay or pay less, or even jointly change the property. If the owner has other legal problems or legal disputes, it is recommended to consult a professional lawyer further.