Can I not pay the property fee without getting the key?

You can't. If you don't get the key, you have to pay the property fee. The Measures for the Administration of Property Charges stipulates that the property that is not delivered to the property buyer on time due to the reasons of the development and construction unit shall be paid in full by the development and construction unit.

If you don't take the key, you have to pay the property fee. Because getting the key and paying the property fee are two different things. As long as the developer or the property management company informs others to hand over the house, no matter whether you can't live, the property fee must be paid.

If you don't live in the house and don't get the key, you need to pay the property management fee. Ordinary residential vacant for more than six months after delivery, the early property service fee should be reduced; The procedures for dealing with the vacancy and the specific reduction ratio shall be stipulated by the competent price department of the people's government of the city or county divided into districts in conjunction with the competent property department, but the maximum fee charged shall not exceed 60%.

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

1. When the house is delivered, the buyer can ask the developer to provide the house acceptance certificate. If the purchased house belongs to a commercial house, he can also ask the developer to provide a residential instruction manual and a quality guarantee. If the certificate provided by the developer is incomplete, the owner can refuse to accept the house, and the property fee is naturally not paid.

2. If the developer delays the delivery of the house, the owner may also refuse to pay the property fee, and the developer shall bear the liability for breach of contract. However, in the case that the house has been handed over, regardless of whether the owner has already moved in, the property company has started to provide property services at this time and should pay property fees under normal circumstances.

At present, many buyers will choose to buy second-hand houses. When the former owner of the second-hand house fails to pay the property fee, the current owner shall bear the joint and several liability. Therefore, if the original owner fails to pay the property fee, the original owner, as the current user of the property, needs to pay the property fee.

Legal basis: The provisions of People's Republic of China (PRC) Civil Code on property fees are as follows:

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. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service person shall not urge the payment of property fees by stopping power supply, water supply, heat supply and gas supply;

2. The owner shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate according to law;

3. The owners' assembly or the owners' committee has the right to require the actor to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the losses in accordance with laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building structures illegally, occupying passages and refusing to pay property fees.