How to calculate the liquidated damages for the property fee, and how to calculate the liquidated da

Chongqing Yingyong Law Firm.

Consult with them.

The law does not expressly stipulate the method of calculating liquidated damages for unpaid property fees, which mainly depends on the Property Service Contract between the owner and the property management unit. Some contracts do not stipulate liquidated damages, but the non-payment of property fees violates the "Property Service Contract" signed by both parties, which is obviously a breach of contract. Therefore, if there is a clause in the contract regarding liquidated damages, it shall be executed according to the contract.

If there is no agreement in the contract, the property management unit may require the payment of interest on the bank's loan for the same period, but shall not charge arbitrarily without authorization.

From a practical point of view, the amount of liquidated damages that need to be paid for arrears of property fees depends on the specific amount of the Property Management Contract.

Agreed, but generally agreed to be three thousandths. If it is higher than the standard of liquidated damages prescribed by law, an appropriate reduction may be requested.

Legal basis: Article 6 of the Measures for the Administration of Property Service Charges.

The content of the clearly marked price of property service charges includes: the name of the property management enterprise, the charging object, the service content, the service standard, the billing method, the billing start time, the charging item, the charging standard, the management form, the charging basis, the report**12358, etc.

Regarding the calculation of liquidated damages for property fees, it is generally agreed that it is 3/1000. If it is higher than the standard of liquidated damages prescribed by law, an appropriate reduction may be requested.

Legal basis: Article 6 of the Measures for the Administration of Property Service Charges, the content of the property service charges clearly marked with prices includes: the name of the property management enterprise, the charging object, the service content, the service standard, the billing method, the billing start time, the charging item, the charging standard, the management form, the charging basis, the **report**12358, etc.

The level of property management fee income of a property management company is directly related to its charging standard and business volume. Generally speaking, the higher the standard of property management fee, the higher the income of the property management company. However, on the one hand, the standard of property management fee collection should be subject to the constraints of relevant national policies and regulations, and cannot be charged arbitrarily; On the other hand, the property management fee collection standard is also limited by the user's income level, and it must also obey the principle of high quality and high price

First, it does not violate the relevant provisions of the state and local governments.

Second, it should be compatible with the user's income level. To be determined according to the user's income level, the fee standard is too high, the user can not bear it, and it is not easy to obtain the support of the user, on the contrary, the fee standard is too low, the property management company loses the service, which violates the rules of the market.

Third, high quality and high price, taking into account the interests of all parties. The higher the level of services provided, the higher the charging standards, the special services are generally higher than the public service fees, and the fees charged to the commercial sector are generally higher than those charged by organs and institutions.

Fourth, the principle of low profits. The income of the property management service part is slightly surplus after deducting the expenditure, otherwise the more service items, the greater the workload, and the more the loss.

Jiangsu Fuqing lawyer Yu Xiaofeng's question to you is as follows: the property company may claim liquidated damages in the property arrears dispute, but this liquidated damages does not mean that as long as the contract is written how much can be claimed, your agreement is three thousandths per day, and three thousandths per day is equivalent to about 110% of the annual rate, which is impossible According to the current regulations, it must not exceed four times the LPR, according to the one-year term, according to the practice of our lawyers' work, Now the court supports the proportion of liquidated damages is basically between 3/10,000 and 5/10,000 per day, and the calculation of liquidated damages for this property fee is very complicated, first of all, it is necessary to determine whether there is an agreement to pay the property fee in advance according to the year, half a year, quarterly, and monthly, and determine which day to pay, if there is no agreement, it is to pay later, that is, wait until one year has passed, and start to calculate the liquidated damages on January 1 of the following year. If the property management company does not calculate these clearly, it will not be able to claim liquidated damages.

How to calculate the liquidated damages for property fees.

I'll do the math for you.

Legal town analysis: The calculation method of liquidated damages for property fees is generally agreed to be 3/1000. If it is higher than the standard of liquidated damages prescribed by law, an appropriate reduction may be requested.

Legal basis: "Measures for the Administration of Property Service Charges" Article 6 The content of the property service charges clearly marked with prices includes: the name of the property management enterprise, the charging object, the service content, the service standard, the billing method, the billing starting time, the charging item, the charging standard, the management form, the charging basis, the 12358 and so on.

The liquidated damages for property fees are generally calculated in accordance with the implementation of the contract, and if there is no agreement in the contract or the agreement is not clear, it can be calculated according to the bank's loan interest for the same period; When there is a sky-high liquidated damages or the liquidated damages are too low, the parties can request adjustment through legal means.

Legal basis] Article 41 of the Property Management Regulations.

The owner shall pay the property service fee according to the agreement of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.

Article 65.

If the owner fails to pay the property service fee within the time limit in violation of the property management service contract, the owners' committee shall urge it to pay within the time limit; If the payment is still not made within the time limit, the property management service enterprise may file a lawsuit with the people's court.

Article 585 of the Civil Code.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where 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 agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The liquidated damages for property fees are generally calculated according to the agreement of the parties in the property service contract. Regarding the calculation of liquidated damages for property fees, it is generally agreed that it is 3/1000. If it is higher than the standard of liquidated damages prescribed by law, an appropriate reduction may be requested.

The content of the property service charge clearly marked price includes: the name of the property management enterprise, the charging object, the service content, the service standard, the billing method, the billing start time, the charging item, the charging standard, the management form, the charging basis, the report**12020, etc.

The property management fee is the fee that the property management company provides property management services to the property user or owner in accordance with the property management service contract, and the property management user or owner shall pay in accordance with the property management service contract.

Article 186 of the Civil Code of the People's Republic of China.

Where the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability. Article 389 The scope of security for a security interest includes the principal creditor's right and its interest, liquidated damages, damages, and expenses for keeping the secured property and realizing the security interest. Where the parties agree otherwise, follow their agreement.

Article 458:Possession arising from contractual relationships, etc., regarding the use, income, and liability for breach of contract of immovable or movable property shall be in accordance with the contract; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations. Article 488: The content of the promise should be consistent with the content of the offer. If the offeree makes substantial changes to the content of the offer, it is a new offer.

Changes in the subject matter, quantity, quality, price or remuneration, performance period, place and method of performance, liability for breach of contract and dispute resolution method are substantive changes to the content of the offer. Article 522:Where the parties agree that the debtor shall perform the debt to a third party, and the debtor fails to perform the debt to the third party or the performance of the debt does not conform to the agreement, it shall bear the liability for breach of contract to the creditor.

Where the law provides or the parties agree that a third party may directly request the debtor to perform its debts to it, and the third party fails to expressly refuse within a reasonable period of time, and the debtor fails to perform the debts to the third party or the performance of the debts does not conform to the agreement, the third party may request the debtor to bear the liability for breach of contract; The debtor's defense against the creditor may be asserted against a third party.

The method of dealing with liquidated damages for property fees is that if there is an agreement in the property service contract, it shall be handled according to its agreement; If there is no agreement, the parties may negotiate to calculate the liquidated damages according to the actual losses caused, but the amount of liquidated damages shall not exceed 30% of the losses caused.

[Legal basis].

Article 585 of the Civil Code.

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 circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

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

Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts.

If the parties request a reduction on the grounds that the liquidated damages for the closure of the agreed family are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30 of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined on the basis of the losses caused by the breach of contract.