The property contract has not been signed, can I charge the property fee?

The owner and the property management company shall sign a property service contract, and the owner shall pay the property fee to the property service provider according to the agreement. After the property management company provides property management services for the owners, if the owners have no objection, the property management company can charge property management fees even if no contract is signed. Owners shall not refuse to pay property fees on the grounds that they have not accepted or do not need to accept relevant property services.

Property management service is a public service. Although no property contract has been signed, the owner actually enjoys the service and should pay the property fee. According to the relevant laws and regulations, the owners' committee has not signed a written property service contract with the property company, but if the owners actually accept the property service, the owners shall pay the corresponding fees to the property company according to the actual service price. The property management fee is charged according to the date when the owner receives the notice of repossession. If the developer fails to notify the owner in writing after the delivery date, and the owner delays the repossession, there is no need to pay the property management fee. Even if the salesperson verbally informs the owner to repossess the building, it cannot be regarded as that the developer informed the owner to repossess the building. When the building is repossessed, if the owner finds that the building has quality problems and needs to be rectified, the property management fee that needs to be paid in the rectification process shall be borne by the developer, and the owner does not need to pay the property management fee. Because this is caused by developers, developers should bear corresponding responsibilities. If the owner defaults on the property fee, the property company can urge him to pay it in time. If the payment is not made within a reasonable time limit, the owner may be sued.

Legal basis:

Article 944 of the Civil Code stipulates that 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.

Paragraph 1 of Article 41 of the Property Management Regulations stipulates that the owner shall pay the property service fee in accordance with 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.

Article 64 stipulates that if the owner fails to pay the property service fee within the time limit in violation of the property service contract, the owners' committee shall urge him 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.