Which law stipulates that the property is not charged according to the contract?

Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that the owner's refusal to pay the property fee needs to be justified.

In judicial adjudication, we should strictly grasp the identification of legitimate reasons, which are generally limited to the failure of the property service enterprise to perform the property service contract or the serious defects in the performance of the contract.

Determine whether there are justified reasons for refusing to pay property fees.

From the perspective of contract law, the legal basis of one party's right of defense in a contract is the principle of good faith, and giving one party the right of defense in a contract is the concrete embodiment of the principle of good faith.

The guiding role of the principle of good faith in the right of defense is mainly reflected in three aspects:

1. According to the principle of good faith, if the interests of the parties are unbalanced under special circumstances, adjustments should be made to restore the balance of interests, thus maintaining a certain social and economic order.

2. The principle of good faith requires both parties to respect each other's interests and establish close cooperative relations.

3. The principle of good faith allows the parties to exercise the right of defense, but this right shall not be abused.

Therefore, in judicial practice, judging whether the owner refuses to pay the property fee is based on legitimate reasons mainly depends on whether the owner refuses to pay the property fee based on the principle of good faith.

The "just cause" stipulated in Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes should be limited to the fact that the property service enterprise fails to perform the property service contract, or there are major defects in the performance of the contract, or the owner fails to pay the fee for just and reasonable reasons, which can constitute the "just cause" for the owner to refuse to pay.

You can refuse to pay the property fee under the following circumstances

1, because the house quality problem is not delivered, the property fee shall be paid by the developer;

2. If the property company fails to perform the service responsibility of the property contract, all the owners can refuse to pay, but there must be strong evidence;

3. The service quality provided by the property management company can't reach the standard stipulated in the property contract;

4. The property company does not have the original approval document of the price management department;

5. The property management company increases the charging items, expands the charging scope and raises the charging standard without authorization.

These misunderstandings must be avoided!

Some property fees cannot be refused.

1. If you don't live or use, you can refuse to pay the property fee. No!

According to the provisions of the Measures for the Administration of Property Service Fees, property fees generally include cleaning and sanitation fees, greening maintenance fees, order maintenance fees, and daily operation and maintenance fees of facilities and equipment used by the property.

Therefore, even if you buy a house and don't move in, you can't refuse to pay the property fee of the community (unless the property clearly points out that you don't have to pay the property fee if you don't turn in the key).

2. If you don't sign the property contract, you can refuse to pay the property fee. No!

According to the provisions of the Civil Code and the Regulations on Property Management, the decisions of the owners' committee are binding on the owners.

Therefore, as long as the owners' committee agrees to the terms in the agreement with the property management company, and the owners have actually accepted the property services provided by the property management company, they should pay the fees to the property management company according to the actual services.

3. The original owner can refuse to pay the property fee in arrears. No!

According to the "Regulations on Property Management", if the owner and the property user agree that the property user will pay the property service fee, the owner shall bear joint liability from the agreement.

If the house property right is traded, the property fee owed by the original owner must be paid in time, otherwise it will affect the normal residence of the new owner.

legal ground

1. Property Management Regulations (revised on 20 18)

Forty-first owners should 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.

2. the Supreme People's Court's interpretation of some issues concerning the specific application of law in the trial of property service disputes.

Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

Article 6 If an owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee.

Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.