Find a property to refund money

It depends on whether there is a contract term limit on the parking lease contract signed with the property; If it is explained that personal reasons can not refund the rent, the property has reason not to refund.

Legal analysis

Whether a property company has the right to charge parking fees (parking fees, occupancy fees) from owners varies according to different situations. In some places owned by owners, as long as it does not affect the traffic in the community, the property management company has no right to charge you parking fees (parking fees, road occupation fees), and the price department will not have any approval for the road charges of the property management company in the community. According to the relevant laws and regulations, the parking fee charged by the property company to the owner should be calculated and paid with business tax, and the general invoice of the service industry should be issued on its own initiative. Failure to issue invoices for fees violates the relevant provisions of the tax law. Consumers can report to local tax authorities or complain to local consumers' associations. The parking fee is approved by the price bureau and has a formal invoice. The fees collected belong to all owners, but if the investment and construction of the community is too large, it can be used by the property, but it must be approved by the industry Committee. Owners parking in the public part of the community, property charges are illegal, but they can also charge. According to the limited area, the public * * * part belongs to all owners and is a public * * * resource. Property has the responsibility of standardized management, and planning parking spaces is conducive to standardized management of residential areas. Parking spaces in the community are limited, and only some owners can enjoy parking spaces, which can be charged appropriately to show equality. The proceeds from the public sector should be owned by all owners. Considering that the income is not much, the planning and management of parking spaces also need investment, and it is legal to make up for the lack of investment and property management fees by charging. Only by strengthening management and enhancing transparency.

legal ground

People's Republic of China (PRC) Civil Code

Article 119 A legally established contract is legally binding on the parties.

Article 465 A lawfully formed contract shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 215 A contract concluded between the parties on the establishment, alteration, transfer and extinction of the real right of immovable property shall become effective upon the establishment of the contract, unless it is otherwise provided by law or agreed by the parties. Failure to register the real right shall not affect the validity of the contract.