Enquiring knowledgeable people Inquisitive education Hospital Treasury

The house is empty all the time. How to pay for the property

home page

The house is empty all the time. How to pay for the property


        

Submit answer
Favorable reply
  • 2024-06-17 14:00:47

    The house has been empty and no one lives in it. The property fee is paid normally.

    No house is required to pay property fees. The property company serves the owner's house, not the owner.

    1. At present, the composition of property management fee mainly includes garbage cleaning fee, cleaning fee, security fee, greening fee, manure fee, community public equipment maintenance fee, public lighting electricity fee, elevator running fee, etc. From the composition, it can be seen that most of the property fees are paid for the management of the public part of all owners and the maintenance of common facilities and equipment. Most of the property fees are paid for all owners of the whole community, not for the service of a specific owner.

    2. In this sense, the service object of the property company is the owner's house, not the owner. Whether the owner's house is used does not affect the property company's service to the whole community. The purpose of the owner to purchase the house is to invest, and the property service also plays a role in preserving the value of the owner's house, and the owner is also the beneficiary of the property service.

    3. In practice, if the property service enterprise has provided services in accordance with the contract and relevant provisions, and the owner only refuses to pay the property fee on the ground of not enjoying or not needing to accept the relevant property service, the people's court will not support it.

    4. That is to say, if the owner raises the property fee defense by not enjoying the services already provided by the property service enterprise (for example, the owner proposes that he does not enjoy the service because no one lives in the house abroad) or does not need to accept the relevant property services (for example, the owner of the low floor proposes that he has never taken the elevator), the court will not support it.

    Legal basis

    Article 937 of the Civil Code of the People's Republic of China [Definition of Property Service Contract] A property service contract is a contract whereby the property service provider provides the owner with property services such as maintenance and repair of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the property service area, and the owner pays property fees.
    Property service providers include property service enterprises and other managers.

    Article 40 of the Property Management Regulations The property service charges shall follow the principles of reasonableness, openness and adaptability of the charges to the service level, distinguish the nature and characteristics of different properties, and be agreed in the property service contract by the owners and property service enterprises in accordance with the property service charge method formulated by the pricing department of the State Council in conjunction with the construction administration department of the State Council.

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):