Job Recruitment Website - Property management company - After the house was completed, the original landlord owed property fees.
After the house was completed, the original landlord owed property fees.
First, the legal relationship between housing transfer and property fees
Housing transfer is a legal act of property right transfer. Once the transfer is completed, the original landlord loses the ownership of the house and the new landlord gains the ownership. Property fees are the expenses incurred during the use of the house, which should be borne by the actual user or owner of the house in principle.
Second, the legal consequences of the original landlord owing property fees.
The unpaid property fees of the original landlord and the property company are creditor's rights and debts, and have nothing to do with the new landlord. The property company has the right to recover the arrears from the original landlord, but has no right to recover from the new landlord. Unless both parties agree that the new landlord will bear the property arrears of the original landlord when the house is transferred, the new landlord will not bear the responsibility.
Third, what should the new landlord do?
After learning that the original landlord has not paid the property fee, the new landlord can communicate with the property company, indicating that the house has been transferred and he is not the person responsible for the arrears. At the same time, the new landlord can ask the property company to show the evidence of the original landlord's arrears in order to understand the specific situation. If the property management company insists that the new landlord bear the arrears, the new landlord can seek legal channels to resolve the dispute.
Four. Suggestions on avoiding similar disputes
In the process of housing transaction, buyers and sellers should fully understand all kinds of housing costs, including property fees, utilities and so on. If there is any default, it should be clearly stipulated in the contract which party will bear it. In addition, the new landlord can ask the original landlord to settle all expenses before the transfer, so as to avoid disputes in the future.
To sum up:
After the house is completed, the property fees owed by the original landlord should not be borne by the new landlord. After the new landlord learns about the arrears, he should communicate with the property company to understand the specific situation. If there is a dispute, you can seek legal solutions. In order to avoid similar disputes, buyers and sellers should fully understand and agree on the relevant expenses during the housing transaction.
Legal basis:
Contract law of the people's Republic of China
Article 84 provides that:
If the debtor transfers all or part of the contractual obligations to a third party, it shall obtain the consent of the creditor. Therefore, in the process of house transfer, unless the original landlord and the new landlord reach an agreement with the property company, the property arrears of the original landlord should not be borne by the new landlord.
People's Republic of China (PRC) property right law
Article 9 provides that:
"The establishment, alteration, transfer and elimination of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. " After the transfer of the house is completed, the new landlord obtains the ownership of the house and should not be responsible for the debts of the original landlord.
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