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Limitation of action for property fee disputes
The limitation of action for property fee disputes is three years, counting from the day when the obligee knows or should know that his rights have been damaged. If the right has been damaged for more than 20 years, the people's court shall not protect it. The property service contract is a continuous contract, so the limitation period for the property company to require the owner to pay the property service fee should be calculated from the date when the last property service fee expires. During the three-year limitation period, the property management company can file a lawsuit at any time, demanding the owner to pay the property fee and compensate for the losses. If the owner refuses to pay the property fee without justifiable reasons, he will be liable for breach of contract and bear the adverse consequences of losing the case.
Calculation method of property fee:
1, calculated according to the construction area: the property fee is usually calculated according to the standard of several yuan per square meter per month;
2. Calculated according to the interior area: Some property companies will charge property fees according to the actually used interior area;
3. Calculated according to the pool area: the property fee may also include the maintenance cost of public facilities and public areas, which is calculated according to the pool area;
4. Fixed expenses plus calculation area: Some property expenses are fixed, such as security and cleaning. , plus the cost calculated by area;
5. itemized charges: property fees may include multiple services, such as elevator use fees and parking fees, which may be charged separately.
To sum up, the limitation of action for property fee disputes is three years, during which the obligee should file a lawsuit to pay the property fee and compensate the losses, otherwise it will bear the liability for breach of contract and the adverse consequences of losing the case.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 188
The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
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