How to calculate the property penalty?

First, how to calculate the property penalty?

1. The liquidated damages for property fees are generally calculated according to the agreement of the parties in the property service contract, and the liabilities will be fulfilled according to the agreement when the contract is breached. At the same time, according to the law, when the liquidated damages are too lower or higher than the losses caused, you can make a new request and pay according to the actual losses.

2. Legal basis: Article 585 of the Civil Code of People's Republic of China (PRC).

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Second, what are the provisions for the collection of liquidated damages in the property fee contract?

The agreement on collecting liquidated damages in the property fee contract means that both parties can agree on specific liquidated damages. The stipulation of liability for breach of contract in the property contract means that when one party fails to perform its contractual obligations, the other party may require the defaulting party to bear certain liability for breach of contract. If there is no clear liquidated damages in the property contract, the specific liquidated damages can be determined according to the actual losses of the parties. The legal provision of liquidated damages in property contracts is that both parties can freely negotiate to determine the terms of property fees and liquidated damages. Whether the property fee is charged as liquidated damages can be decided by both parties themselves whether it needs to be written into the contract. The liquidated damages shall be determined by both parties through consultation, and the amount is not limited. Liquidated damages are generally determined according to the expected losses caused by one party's breach of contract.