Do you need to pay property fees for uninhabited houses?

No one lives in the house. As long as the property provides services according to the property contract, it should pay the property fee.

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.

One: The property fees to be paid for uninhabited houses have the following provisions:

1. If the house has been purchased but has not been renovated, the property fee shall be paid;

2. According to the property management regulations, property management is the property enterprise chosen by the owner, so the owner and the property service enterprise have a contract, and the maintenance and management of houses and facilities are subject to property fees. Even if the owners don't move in, the property management still needs to be maintained, so the owners who don't move in can pay less appropriately, but they can't help but pay;

3. The Property Management Regulations stipulate that the owner shall pay the property fee on time without delay;

4. The owner shall pay the property fee on time according to the contract. If the owner and the user of the property agree in advance, the property fee shall be paid by the user of the property, and the owner shall be jointly and severally liable for payment. Houses that have been completed but not yet sold shall be paid property management fees by the construction unit;

5. According to the Provisions of the Supreme People's Court on the Trial of Property Service Disputes, if a property service enterprise has provided services in accordance with the contract and relevant regulations, the people's court will not support it only because it has not enjoyed or accepted the relevant property services. In other words, the house is vacant and the property fee has to be paid. Owners can't refuse to pay for not enjoying property services.

6. Article 1 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 stipulates that the preliminary property service contract signed by the construction unit and the property service enterprise according to law and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' general assembly according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

The above are the relevant regulations on paying property fees. Then, after buying a house, the owner finds that the house has quality problems, can he not pay the property fee? In fact, from a legal point of view, the owner signed a contract with the property company, and the property company is a creditor. Housing quality problems are left over from the previous period, and owners cannot refuse to pay property fees on this ground.

Under normal circumstances, the content of property services will be stated in the contract, and the owner can only question the service content in the contract, and is not allowed to question the content that is not within the management scope of the property company, and is not allowed to refuse to pay the property fee.

legal ground

Article 944 of the Civil Code 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 provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

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.

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