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Does the rental of resettlement housing need to follow the property law and pay the property fee from its agreement?
1. Article 42 of the State Council's Property Management Regulations stipulates: "The owner shall pay the property service fee according to the agreement in 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. For properties that have been completed but have not been sold or handed over to buyers, the property service fee shall be paid by the construction unit. "
Second, at the same time, Article 72 of China's Property Law stipulates: "The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Do not give up rights and fail to fulfill obligations. "
If the owner doesn't enjoy the services provided by the realty service enterprise (for example, the owner claims that he didn't enjoy the service because the house abroad is uninhabited) or doesn't need to accept the related realty service (for example, the owner of the lower floor claims that he hasn't taken the elevator, etc.). ), the court does not support it.
Third, it is the decision made by the owner to hire a property service enterprise. As long as the realty service enterprise provides relevant services in accordance with the contract, all owners have equal obligations to pay property fees. Unless otherwise agreed in the management statute or the realty service contract.
Fourth, the provisions of vacant housing property fees vary from place to place, and there will be some special provisions in various regions.
For example, the newly promulgated "Amendment to the Property Management Regulations" in Shijiazhuang stipulates that if the vacant house is vacant for less than 3 months, no property fee will be paid; Vacant for more than 3 months, pay 20% of the property fee.
Xi' an's long-term vacant house only pays 70% of the property fee.
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