Legal information

Modern communities have specialized property management companies to provide relevant services and manage the community accordingly. In this regard, community owners need to pay certain property fees. Do you still have to pay property fees for a house you don’t live in? Let’s take a look with the editor of Yingting Law Firm.

Do I still have to pay property fees for a house I don’t live in?
No one lives in the house, which cannot be the reason for the owner to refuse to pay the property fee. As long as the developer has handed over the house, the owner needs to pay the property fee, but if he does not move in for a long time, he can pay less.

The business areas of Yingting Lawyers Group include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

That is to say, if the owner does not enjoy the services provided by the property service company (for example, the owner claims that he does not enjoy the services because he does not live in a house abroad) or does not need to receive related property services (for example, the owner of a low-rise building claims that he has never taken an elevator), the court will not support it. Generally speaking, if the house is not occupied, as long as the property provides services, property fees should be paid.

Generally, you can negotiate with the property company to reduce or reduce the portion. There is no clear legal basis for how to pay. According to the provisions of Article 41, Paragraph 1 of the "Property Management Regulations", the owner shall pay the property service fees in accordance with the property service contract. If the owner and the property user agree that the property user shall pay the property service fees, according to the agreement, the owner shall be jointly and severally liable for payment.

Article 64 stipulates that in violation of the property service contract, if the owner fails to pay property service fees within the time limit, the owner shall urge the owner to pay within the time limit; if the payment is still not made within the time limit, the property service enterprise may sue the People's Court. Article 286 of the Civil Code: The owner shall abide by laws, regulations and management regulations.

The owners' meeting and the owners' committee have the right to require the perpetrator to stop the infringement and compensate for the losses in accordance with laws, regulations and management protocols for behavior that damages the legitimate rights and interests of others, such as refusal to pay property fees. If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.