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The property fee of low-rent housing is usually borne by the owner himself, and the resettlement house** will give a certain subsidy. However, the property fees of low-rent housing are definitely lower than those of ordinary commercial housing.
Article 67 of the Property Management Ordinance. Article 60 of the Contract Law.
If the lessor and the lessee agree in the contract that the lessee shall pay the property management fee to the property management company, comply with the relevant management regulations of the property management company, and the contract has been confirmed in writing by the property management company, then the lessor will transfer its claims and debts with the property management company to the lessee, and the lessee shall perform this part of its rights and obligations to the property management company. If the tenant fails to pay the strata fee, he shall be liable to the strata company for breach of contract.
If the lessor and the lessee agree that the lessee shall pay the property fee to the property management company, and the property management company has obtained the written confirmation of the property management company, then the property management company can no longer require the lessor to pay, otherwise the property management company still has the right to demand payment from the lessor.
That is to say, the tenant's agreement to pay the property fee to the property management company must be confirmed by the property management company.
If the agreement between the lessor and the lessee is not confirmed in writing by the property management company, then this agreement can only be binding on the lessor and the lessee, and is not effective against the property management company, and the lessor must be liable to the property management company.
If the lessor has submitted the lease contract to the strata company for filing and obtained written confirmation from the strata company, then the lessor can refuse to pay the strata fee that the lessee has not paid.
Of course, in order to continue to rent the house smoothly in the future, the lessor can also pay first, and then recover from the tenant, and require him to bear the liability for breach of contract.
If the lessee still fails to pay, the lessor may terminate the lease contract and notify the other party to pay the outstanding property fee with the advance rent and security deposit paid by the lessee.
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In principle, the property fee after the house is rented out shall be borne by the owner.
If there is an agreement between the landlord and the tenant, the property fee shall be paid in accordance with the agreement between the two parties. The tenant's obligation is limited to the provisions of the lease contract, so it only has the obligation to pay rent to the lessor, and has no obligation to pay the property management fee.
The property cost of each community will be different, generally speaking, the main items of the property fee are:
1. Maintenance of greening.
2. Cleaning of community hygiene.
3. The cost of security and monitoring snakes.
4. Usual elevator repair and maintenance costs.
5. The cost of sports and fitness equipment in the community, such as basketball court and table tennis court.
6. Garbage freight and heating costs in the community.
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Legal analysis socks bridge source: The property fee of low-rent housing is usually borne by the owner himself, and the resettlement house will be given a certain subsidy. However, the property fees of low-rent housing are definitely lower than those of ordinary commercial housing.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.
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Legal analysis: low-rent housing is subject to property fees, and general low-rent housing has property services, and if you enjoy property services, you must pay a certain property fee, which is the same as general residential or rented housing. However, considering the nature of low-rent housing, the property fee will be set according to a certain standard, but it cannot be ignored.
Legal basis: Article 3 of the Civil Code of the People's Republic of China The personal rights, property rights, and other lawful rights and interests of civil subjects are protected by law and must not be infringed upon by any organization or individual.
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Legal analysis: The rent standard of low-rent housing is 1 yuan per month, because the area of low-rent housing does not exceed 50 square meters, and the rent does not exceed 50 yuan per month. There is a limit to the property fee of the low-rent housing community in Wangduhong, and the low-rent housing supporting the construction of the commercial housing scattered rental community implements the first subsidy, and the standard is determined by each locality.
Legal Difficulties: "Measures for the Administration of Property Service Charges" Article 6 The content of the property service charges clearly marked includes: the name of the property management enterprise, the object of charging, the service content, the service standard, the billing method, the starting time of the billing, the charging item, the charging standard, the management form, the basis of the charge, the report 12358, etc.
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Legal analysis: The rent standard of low-rent housing is 1 yuan per month, because the area of low-rent housing does not exceed 50 square meters, and the rent does not exceed 50 yuan per month. There is a limit to the property fee of the low-rent housing community, and the low-rent housing supporting the construction of the commercial housing community implements the first subsidy, and the standard local ** determines the declaration of social security premiums.
The social security return of the local tax and the social security of the Labor and Social Security Bureau are the same thing. The base is calculated based on the number of insured people in your organization.
Legal basis: Property Management Law of the People's Republic of China
Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.
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Legal analysis: The property fee of low-rent housing is usually borne by the owner himself, and the resettlement housing ** will give a certain subsidy. However, the property fees of low-rent housing are definitely lower than those of ordinary commercial housing.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may request that it bear the liability for breach of contract before the expiration of the performance period.
Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.
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See below for the included:
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Chongqing Yingyong Law Firm.
Consult with them. >>>More