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Is it reasonable not to collect the house and pay the property fee?
1. How long will I be sued for property service fees if I default on property fees? This refers to the fees charged by property management enterprises to the owners for the maintenance, conservation and management of houses, supporting facilities and related sites, and for maintaining the environmental sanitation and order in relevant areas.
The realty service enterprise collects the realty management fee according to the realty service contract, and brings a lawsuit to the people's court within three years from the date when it knows or should know that its rights have been damaged. The owner shall 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. In violation of the property service contract, 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. If the owner is in arrears with the property fee, he should first request in writing to pay the property fee within a time limit. If the owner fails to pay the property fee within the time limit, the property service enterprise may bring a lawsuit to the people's court, and the limitation period for the lawsuit is within three years from the date of knowing that his rights have been damaged.
2. Can the property be charged when the contract expires? If the property has provided services, the property fee may be charged after the expiration of the contract.
Legal basis:
Article 286 of the Civil Code of People's Republic of China (PRC) * * * Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.
Article 41 of the Regulations on Property Management shall follow the principles of reasonable, open and adaptive fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property management companies shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.
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.
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