If you have not signed a contract with the property, can you not pay the property fee?

If the owner does not sign a written property service contract with the property company, but actually accepts the property service, the owner needs to pay the corresponding fee to the property company according to the actual service price as a reward for the service provided by the property company. If the property contract is not signed or the property company fails to provide qualification certificate, the owner shall not refuse to pay the property fee.

Legal analysis

According to relevant laws and regulations, if the owner has not signed a contract with the property, but the property has actually fulfilled relevant obligations, the owner shall pay the property fee. Property service charges should follow the principles of reasonableness, openness, and adaptability between charges and service levels, and indicate the service items and charging standards. Owners can accept the services provided by the realty service enterprise in accordance with the stipulations of the realty service contract, and supervise the management and use of the special maintenance funds for the property parts and facilities. If the realty service enterprise fails to fulfill the stipulations of the realty service contract and causes damage to the owner, it shall bear corresponding legal responsibilities according to law. 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. The property management department provides services by itself, except as stipulated in the property management service contract. Without the approval of the owners' committee or owners' congress, the owners shall not pay their fees.

legal ground

People's Republic of China (PRC) Civil Code

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 944 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.