Job Recruitment Website - Property management company - You will be sued for how much property fees you owe.
You will be sued for how much property fees you owe.
Therefore, even if the owner is in arrears with the property fee of 1 yuan, the property can bring a lawsuit at any time within three years of the general limitation of action in such civil cases, demanding the owner to pay the property fee and compensate for the losses.
How long can I sue in court for defaulting on property fees?
If the property knows or should know that the property fee is overdue within two years and negotiation fails, it can bring a lawsuit at any time.
In practice, the owner will not immediately file a lawsuit against the owner because of the arrears of property fees. Generally speaking, litigation will be considered after the following steps:
1. If the owner defaults on the property fee, the property will generally be urged in time after it is discovered;
2. If the owner fails to pay again within a reasonable time, the property may notify the owners' committee to assist in collection;
3. If the owner still fails to pay within a reasonable time, the property will consider charging the property fee and claim compensation through litigation.
What is the standard of liquidated damages for unpaid property fees?
There is no mandatory standard of liquidated damages for property fees in law, which is decided by both parties to the contract through consultation.
If a contract with liquidated damages and its calculation method is concluded, the liquidated damages can be handled according to the agreement.
If the punishment is too low, it can be increased as appropriate, and if it is too high, it can be reduced as appropriate.
If there is no liquidated damages for overdue payment in the contract, the property company can only ask the owner to bear the interest loss of overdue payment, and the standard is the amount calculated according to the bank loan interest rate for the same period.
legal ground
Article 64 of the Property Management Regulations violates the property service contract, and 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.
Article 8 of the Civil Procedure Law of People's Republic of China (PRC) * * * Civil litigants enjoy equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.
Article 9 of the Civil Procedure Law of People's Republic of China (PRC) * * * When trying civil cases, the people's court shall conduct mediation according to the principle of voluntariness and legality; If mediation fails, a judgment shall be made in time.
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