What should the owner do if the tenant does not pay the property fee?

Tenants don't pay property fees, but landlords should pay them in time. General property fees are paid by the landlord. If the lease contract stipulates that the tenant pays, the landlord can claim compensation from the tenant after paying. If the tenant refuses to pay, the property company has the right to ask the landlord to pay and bear joint liability.

The collection methods of residential property fees are:

1, the contract responsibility system means that the owner pays a fixed property service fee to the property service enterprise, and the profits and losses are enjoyed or borne by the property service enterprise. After the implementation of the contract responsibility system for property services, property service enterprises often adopt the way of reducing service expenditure, thus secretly improving the profits of enterprises. In the specific charging, it is to reduce the service quality, reduce the number of service personnel, expand the scope of charging items, raise the charging standard or collect fees at random. This kind of charge is a common form of property management charge in China at present, and it is also one of the reasons that cause disputes over property service fees.

2. Fee system Fee system refers to the property service charging method that the fees are paid to the property service enterprise in advance according to the agreed proportion or amount, and the rest is used for the fees agreed in the property service contract, and the balance or insufficient part is enjoyed or borne by the owner. Among them, the property service funds received in advance belong to the escrow nature and belong to the owners. All the parts other than the remuneration of the enterprise are transferred to the public maintenance fund, which is supervised and used by the owner.

3. The fees paid by the charging system to the property service enterprises are relatively higher than those paid by the contract system, but it is a relatively fair and transparent method. The service provided to the owners can basically meet the quality and price, and the ever-changing charging ratio can stimulate the enthusiasm of property service enterprises, promote their continuous improvement of service level and quality, and be conducive to the improvement of the service quality of the whole community and the development of property service enterprises themselves.

To sum up, if the tenant refuses to pay the property fee, the property management company can urge the tenant first. If the tenant fails to pay within a reasonable period after being urged, the property management company has the right to ask the landlord to pay and bear the overdue liquidated damages. The internal agreement between the landlord and the tenant in the lease contract shall not be against the property management company.

Legal basis:

Regulations of People's Republic of China (PRC) Municipality on Property Management

Article 41

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.

Article 65

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.