Who pays the property fee during the rental period, and who should pay the property fee for renting

Legal analysis: If there is no agreement between the landlord and the tenant during the rental period, the property fee shall be borne by the landlord. The owner of this house is the landlord, i.e., the landlord is the owner and is the owner of the property.

Therefore, in the contract with the property, the landlord is a party to the contract and not the tenant of the property. There is no direct relationship between the tenant and the developer or property company. 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 service fee, the owner shall be jointly and severally liable for the payment.

Legal basis: Article 937 of the Civil Code of the People's Republic of China A property management service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property management fee.

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: who pays the property fee after the house is rented depends on the agreement of the lease contract, and the person who pays the lease contract will bear it; If there is no agreement in the lease contract, the property fee is paid by the landlord. If the lease contract stipulates that the tenant will pay, but the tenant does not pay, the property management company can ask the landlord, and the landlord can recover from the tenant after the payment.

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.

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We all know that if you rent a house, you not only need to pay rent, but also need to pay a series of expenses such as water and electricity bills, property fees, heating bills, etc. And if these fees are not stated, then it is easy to have disputes in the later stage. So, who should pay the rental property fee?

Let's take a look.

1. Who should pay the rental property fee?

1. According to the relevant regulations, the property management fee shall be collected from the owners by the property management company according to the property management contract. After the house is rented, if the landlord and the tenant have specific provisions in the contract for the payment of property fees, the provisions shall prevail. Therefore, if the landlord and landlord have stipulated in the lease contract who will pay the property fee, it must be executed in accordance with the contract.

If it is not explicitly stated in the contract, then the strata fee should be paid by the landlord.

2. The property management company provides services for the entire community, so as long as the house has been delivered, regardless of whether the owner moves in or not, the property fee must be paid. If the owner refuses to pay the property fee, it will lead to insufficient funds for the property, which will affect the management of the community and cause the interests of all owners to be damaged.

3. If there is water leakage in the quality of the house, or the wall falls off and the glass is broken, it is a dispute between the owner and the developer over the sale and purchase of the house. The collection and payment of property fees is a contract dispute between the owners and the property management company, and there are differences between the two. Therefore, generally speaking, the developer and the property will not bear civil liability for each other.

4. According to the relevant regulations, the decision of the owners' committee shall be binding. Therefore, as long as the owners' committee agrees to the terms of the strata agreement and the landlord has accepted the services provided by the strata company, the landlord must pay the strata company a fee according to the actual services that have occurred.

Summary: Who should pay the rental property fee? Xiang Meng's letter, everyone has destroyed the knowledge bureau, and after reading the article, they have understood it. I hope the above content can bring you some help and suggestions, if you need to know more about it, please continue****.

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Legal analysis: there is an agreement to follow its agreement, and there is no agreement to be paid by the lessor. China's "Measures for the Administration of Commercial Housing Leasing" stipulates that the payment of property service fees belongs to the content agreed by both parties, and in the maintenance of autonomy of will, the agreement should be respected, and if there is no agreement, the payment of property fees is more beneficial to the lessor and should be paid by it.

Legal basis: 1. Article 7 of the Administrative Measures for the Leasing of Commercial Housing The parties to the housing lease shall enter into a lease contract in accordance with the law. The content of the housing lease contract shall be agreed upon by both parties and shall generally include the following contents:

Mengliang Bi (slag 1) The name (title) and residence of the party to the lease of the house;

2) The location, area, structure, ancillary facilities, furniture and household appliances and other indoor facilities of the house;

3) the amount of rent and deposit, and the method of payment;

4) Lease purpose and housing use requirements;

5) the safety performance of houses and indoor facilities;

6) the term of the lease;

7) Responsibility for house maintenance;

8) Payment of property services, water, electricity, gas and other related fees;

9) Dispute resolution and liability for breach of contract;

10) Other Agreements.

The parties to the housing lease shall stipulate in the housing lease contract the measures for handling the expropriation or demolition of the house.

The construction (real estate) management department may, in conjunction with the administrative department for industry and commerce, formulate a model text of the housing lease contract for the parties to choose.

During the rental period of the house, the property fee shall be paid by the subject agreed in the rental contract. If the lease contract stipulates that the tenant shall pay the property fee, the property fee shall be borne by the tenant; If there is no agreement on this matter in the lease contract or the agreement is not clear, the property fee shall be borne by the lessor.

Article 7 of the Property Management Regulations shall fulfill the obligation of paying the property service fee on time in the property management activities. Article 41 of the Property Management Regulations The owner shall pay the property service fee in accordance with 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 of the Property Management Regulations violates the property service contract and the owner fails to pay the property service fee within the time limit, 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.

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. According to Article 15 of the Measures for the Administration of Property Service Charges (Fa Gai ** No. 1864):

The owner shall, in accordance with the provisions of the property management service contract, pay the property management service fees or property management service funds on time and in full. If the owner and the property user agree that the property user shall pay the property management service fee or property management service funds, the owner shall be jointly and severally liable for the payment from the agreement. When the property rights are transferred, the owner or user of the property shall settle the property service fees or property management service funds.

In other words, the lessee's obligations are limited to the provisions of the lease contract, so he only has the obligation to pay rent to the lessor, and has no obligation to pay the property management fee. The obligation to pay the property management fee comes from the agreement of the property management contract, according to the provisions of the property management contract, the property management company shall collect the property management fee from the owner. If the tenant and the lessor agree in the lease contract that the tenant shall pay the property management fee, and the property management company also agrees to charge the tenant the property management fee, then the tenant shall pay the property management fee; If the tenant fails to pay the property management fee when due, the owner shall be jointly and severally liable for the payment.