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Does the rent generally include the property fee?
Who will pay the property fee for the rented house?
The payer of the property fee is the owner of the house registered in the property service enterprise and other relevant units. However, during the lease period, it is the tenant who enjoys the property service, which has caused controversy. Landlords generally believe that tenants should pay, and tenants generally believe that landlords should pay. In fact, the ownership of the property fee for rental housing can be clear:
1. If it is not clear in the lease contract that the lessor and the lessee have not agreed on the property fee, according to Article 42 of the Property Management Regulations, the owner shall pay the property service fee as agreed in the property service contract.
2. If the lessor and the lessee agree in the contract that the lessee shall pay the property management company the property fee and abide by the relevant provisions of the property management company on renting and selling, and the contract is confirmed by the property management company in writing, the lessor shall transfer its creditor's rights and debts with the property management company to the lessee, and the lessee shall perform this part of rights and obligations to the property management company. If the lessee fails to pay the property fee on time, he shall be liable for breach of contract.
Measures that the lessor can take when the property company claims.
1. What should the lessor do if the property management company claims the property fee from the lessor?
If the lessor has submitted the lease contract to the property management company for the record and obtained the written confirmation from the property management company, then the lessor may refuse to pay the unpaid property fee of the lessee. Of course, in order to continue to rent the house smoothly in the future, the lessor can also pay in advance and then recover from the lessee and ask him to bear the liability for breach of contract.
2. If the lessee does not pay the property fee, what measures can the lessor take?
If the lessee fails to pay the property fee, the lessor shall require the other party to perform it within a certain period of time. If the lessee still fails to perform, the lessor may terminate the lease contract and notify the other party to pay the unpaid property fee with the prepaid rent and deposit paid by the lessee.
Article 708 The lessor shall deliver the lease item to the lessee in accordance with the contract, and keep the lease item in line with the agreed purpose during the lease period.
The lessee's obligation to use the lease item in accordance with the agreement; The lessee shall use the lease item in the agreed manner. If the method of using the lease item is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be used according to the nature of the lease item.
Article 710 The lessee's exemption obligation for using the lease item in accordance with the agreement; If the lessee uses the lease item in the agreed way or in the nature of the lease item, causing losses to the lease item, it shall not be liable for compensation.
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