Do I have to pay property penalty?

Whether the liquidated damages for property fees must be paid depends on the specific situation. If both parties have an agreement, then the other party needs to pay liquidated damages. If there is no agreement between the two parties, there is generally no need to pay liquidated damages. Under normal circumstances, the owners of residential quarters shall pay the property management fee on time in accordance with the stipulations of the property service contract. If the owner fails to pay within the time limit, the property management company may charge the owner a property management fee.

Legal analysis

Whether the owners of residential areas will be sued by the property for defaulting on property fees has nothing to do with the amount of property fees owed. If the owner defaults on the property fee of the property company, his behavior belongs to a civil dispute. Therefore, even if the owner is only in arrears with the property fee of one yuan, the statute of limitations for such civil cases is generally within two years, and the property can bring a lawsuit against the owner at any time, requiring the owner to pay the corresponding property fee and compensate the due losses. If the property is sued, there are generally several steps: first, the interested parties in this case should make corresponding litigation requests to the court with jurisdiction in their place. According to the relevant laws and regulations of the state, after the court decides to accept the lawsuit, it will send a copy of the complaint to the defendant and submit a reply to the defendant within a time limit. Secondly, once the defendant has made a substantive defense to the court, indicating that he has accepted the jurisdiction of the court, he can no longer defend on the grounds that the court has no jurisdiction. Among them, if all the evidence related to the case is lost or difficult to use later, one party may apply to the court again before or after the prosecution, asking the court to take corresponding measures to preserve it. Any litigant who wants to prove the facts he claims in the lawsuit must first produce evidence to prove it. Evidence needs to include witnesses, physical evidence, documentary evidence, expert appraisal and inspection records. In order to prevent the defendant from hiding, selling or transferring the property, the court judgment cannot be executed, and it is necessary to apply for preservation procedures for the defendant in time.