Late fees for non payment of property management fees

Late fees are penalties for late payment. If the parties have agreed on the calculation standard of late payment fees, their agreement shall prevail; If there is no agreement between the parties, it shall be calculated with reference to the standards provided for in the judicial interpretation of the Supreme People's Court on liquidated damages for late payment. If there are indeed matters that have not been fully performed when the property management company performs the property management contract, and there is no clear distinction in the charging items in this regard, and the owner proposes to reduce the property management fee, the court may determine the corresponding property management fee according to the actual situation of the property management service.

Late payment penalties are liquidated damages for late payment in civil law. When a property management company sues the owner for payment of property management fees, it will often require the owner to pay late fees arising from the arrears of property management fees to make up for various expenses incurred due to the lawsuit.

The property management company collects the property fee and late fee in accordance with the relevant provisions in the "Property Management Service Contract". The collection of late fees and the standard of collection are generally stipulated in the "Property Management Service Contract", and generally speaking, a late fee of 3/1000 of the payable fee will be charged every day from the date of overdue.

For details, please refer to the relevant provisions of relevant laws and regulations such as the Contract Law, the Property Management Regulations, and the Measures for the Administration of Property Charges.

According to the Measures for the Administration of Property Charges, there is no provision for late fees. There are no late fees. I used to pay the property fee late, and the property management company was bluffed and had to charge a late fee.

I filed a complaint in court. Result: There is no legal basis for the property to charge a late fee and is not supported.

I won. The Price Bureau also replied: there is no late fee for property fees.

The Property Office of the Housing Authority replied: There is no late fee. So don't listen to him and let him sue.

This situation depends on your local property management regulations and the relevant provisions in the Property Service Contract, charging strata fees and late fees. The collection of late fees and the standard of collection are generally stipulated in the "Property Service Contract", and generally speaking, a late fee of 3/1000 of the payable fee will be charged every day from the date of overdue.

See if there is such a clause in your contract, if there is a legal collection, if not, the operation of the property company is illegal.

Legal Analysis: Generally, there is no late fee for short-term arrears. Whether and how much late fee is charged depends on the agreement of the property service contract, and if the contract contains a clause that imposes a late fee, the property management company can charge a late fee in accordance with the proportion agreed in the contract.

The exact amount levied varies according to the requirements of each property management company.

Legal basis: Article 944 of the Civil Code of the People's Republic of China The owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services.

If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration. Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.

Legal analysis: whether and how to charge a late fee depends on the agreement of the property service contract, if the contract contains a clause to impose a late fee, the property management company can charge a late fee in accordance with the proportion agreed in the contract. The specific amount to be levied varies according to the requirements of each property management company, and it is necessary to refer to the signed "Property Service Contract".

Generally, there is no late fee for short-term delinquency.

Legal basis: Article 64 of the "Property Management Regulations" The owner shall pay the property service fee stipulated in the property service contract. If the property management enterprise violates the property management service contract without reasonable reasons and fails to pay or refuses to pay the property management service fee within the time limit, the property management enterprise may file a lawsuit with the people's court.

Legal analysis: The property management company does not have the right to charge late fees, but can require the payment of liquidated damages in accordance with the contract. Late payment penalty refers to the amount of a certain percentage of the overdue amount charged according to the number of days of overdue payment for failing to pay tax within the tax payment deadline or failing to repay the loan within the repayment period.

Late fees are statutory, mandatory and punitive. The so-called statutory means that the late payment penalty is the money expressly stipulated in the national laws and regulations, and individuals and other enterprises and groups have no right to set it up privately; Mandatory means that the collection of late fees is guaranteed by the state's coercive power.

Legal basis: Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Property Management Service Disputes further stipulates that if the owner refuses to pay the property fee without a legitimate reason or fails to pay the property fee within a reasonable period of time after a written reminder, and the property management service enterprise requests the owner to pay the property fee, the people's court shall support it. Where a property management service enterprise has already provided services in accordance with the contract and relevant provisions, and the owner only uses the defense that he has not enjoyed or does not need to accept the relevant property management services, the people's court will not support it.

Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management company, and bear all the adverse consequences caused by losing the lawsuit.

The property management company provides property services for the owners of the community, and it is indispensable to hire some staff, and the wages of the property service personnel include: personnel expenses, basic salary, social insurance, and provisions for the withdrawal of benefits, overtime and clothing costs, etc. Office expenses refer to transportation expenses, communication costs, office supplies, water and electricity costs, etc.

The property management company does have the right to charge a certain late fee for the outstanding property fee, but this is only an industry regulation, and there are conditions for the use of this right, and the property management company can only apply to the court for this right when it goes to court with the owner, and the proportion is determined by the court.

No, but the property management will chase after it very much. If you have money, you still have to pay it.

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 damages arising from the breach. According to the relevant judicial interpretations, where the people's court is requested to increase the liquidated damages, the amount of the increased liquidated damages shall not exceed the actual amount of losses. Where, after the liquidated damages have been increased, the parties request that the other party compensate for losses, the people's court will not support it.

Legal basis: Article 585 of the Civil Code of the People's Republic of China Where the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.