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How to calculate the property late payment fee? Is there an upper limit?

Legal analysis

Property late fees are calculated according to the monthly property fee amount, monthly default fee and late fee coefficient. There is an upper limit for the late payment of property management fees, which is not more than 20%. The property signs a service contract with the owner, and the property provides services for daily maintenance, repair and transformation of houses, buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment in the residential area, and the owner needs to pay the corresponding property fees. Owners can accept the services provided by the realty service enterprise according to the stipulations of the realty service contract, and the corresponding owners are obliged to pay the realty service fee on time. If the owner fails to pay the property fee, the property may not provide corresponding property services. If the owner still fails to pay after repeated collection, the property company may make a decision to sue the owner and ask him to pay the property fee and bear the late payment fee and liquidated damages for the property fee.

Legal analysis

Article 944 of the Civil Code of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.