Do I have to pay the property fee if the property is not ready?

If the property does nothing, the property fee can be waived, because the property service contract belongs to the public service contract.

Property services are carried out in accordance with the contract. If the property management does not conform to the contract, it is a breach of contract. You can refuse to pay the property fee, but you must leave evidence of the inaction of the property management, and you can only refuse to pay the part of the property management inaction, but not all the property fees.

Under what circumstances can I refuse to pay the property fee?

1. The developer may refuse to pay the property fee if he delays the delivery.

If the developer fails to produce the supporting documents or the supporting documents are incomplete, the purchaser has the right to refuse to hand over the house, and the developer shall bear the responsibility for delaying the delivery. Since the house has been delivered, the relevant property management fees should be paid regardless of whether the owner actually lives, because many property services are provided by property management companies regardless of whether the owner actually lives.

2. If the original owner owes money, the new owner can refuse to pay the property fee.

According to the "Regulations on Property Management", if the owner and the property user agree that the property user will pay the property service fee, the owner shall bear joint liability from the agreement. Therefore, the owners and users of the property are jointly and severally liable for the property fees. If the original owner does not pay, the property user needs to pay the property fee.

3. If the house inspection is unqualified, the property fee may be refused.

When delivering the house, the developer shall provide the buyer with the house acceptance certificate; If the purchased commercial house is residential, the developer also needs to provide a residential quality guarantee and a residential instruction manual. If the documents are incomplete, the owner can reject the house without generating property fees.

4. If the quality of property service is unqualified, you can refuse to pay the property fee.

The unqualified property service quality does not mean that the property company has not fulfilled the property contract. Owners can pursue the liability for breach of contract according to law and demand to continue to perform and compensate for losses, but this cannot be used as a reason for refusing to pay property fees.

5. Property management companies can refuse to pay property fees if they use public areas to operate.

According to the "Regulations on Property Management", if a property management company uses the * * * part of the property or the * * * facilities to operate, it shall obtain the consent of the owners and the owners' meeting, and the proceeds shall be mainly used to supplement the special maintenance funds. Therefore, if the property management company does occupy public areas or equipment, but the proceeds are used to supplement special maintenance funds, the owner cannot refuse to pay the property fee.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 34 of the Regulations on Property Management

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. Article 35 of the Property Management Regulations.

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

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.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.