What should I do if I don t pay the property fee and receive a lawyer s letter to collect money

If you still do not pay the property fee after receiving the lawyer's letter, you will be sued. If the property management company issues a lawyer's letter, it is generally entrusted to the company's legal counsel to deal with it, and if the property fee is not paid within 7 days of receiving the lawyer's letter, the property management company will entrust the lawyer to take judicial measures. Therefore, if the owner still does not pay the property fee after receiving the lawyer's letter, there is a high probability that he will be sued.

As long as the house has been delivered, the property management fee will be paid regardless of whether the owner moves in or not. The property management fee is used for the maintenance of the entire community and the necessary expenses to maintain the normal and continuous operation of the community, and is not the operating income of the property management company.

Legal basis] Article 18 of the Measures for the Implementation of the Management of Property Charges, without the consent of the owners and users, property management enterprises shall not collect property management public service fees in advance for more than 6 months at a time, nor shall they collect deposits, security deposits and other fees from owners and users for long-term occupation (more than one year) without authorization.

If you have not paid the property service fee, you must explain the reasons in accordance with laws and regulations when you receive the lawyer's letter, and you must also prepare for the lawsuit

1. Explain the factual reasons for not providing services in accordance with the provisions in accordance with the law.

According to Article 944 of the Civil Code, "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." Obviously, the property service provider fails to provide services as agreed.

For example, the construction unit and the property management service enterprise selected by it shall assist in the preparation of the first owners' meeting in accordance with the regulations, and the establishment of the owners' meeting is the end point of the property management service in the early stage, and the owners begin to jointly manage the common parts of the property and the common facilities and equipment in accordance with the law, and it is also the starting time for the owners to pay the property fees according to the agreement. Therefore, if it does not assist in the preparation of the first owners' meeting in accordance with the regulations, the construction unit shall bear the property service costs. For specific questions, please refer to the articles such as "How to Understand the Responsibility and Deadline of Preliminary Property Services" and "Problems Encountered in Preparing for the First Owners' Meeting".

2. Mainly not charging fees in accordance with laws and regulations.

Common behaviors that do not charge in accordance with laws and regulations: 1. The property management company fails to verify the property service cost and service fee in accordance with the law; 2. The property management company fails to fulfill the obligation of declaring, filing and clearly marking the price of property service charges; 3. When the sales contract stipulates the service charges, the construction unit does not provide the documents such as the pre-property service contract, the temporary management agreement, and the property acceptance inspection agreement that have been filed by the competent department; 4. Failure to inform the owner in writing of the inspection and filing of the property in the community; 5. Other behaviors that fail to provide property services in accordance with the regulations require the owner to provide evidence. For relevant questions, please refer to articles such as "Services to be provided by property service providers".

3. It is also the legal right of the owner to refuse to pay the fee according to the law.

Article 41 of the Property Management Regulations stipulates that "for properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit"; In fact, the construction unit and the property service provider violated the provisions of Articles 27 and 28 of the "Property Management Regulations" and failed to perform the obligation to undertake property inspection, which not only proves that the construction unit has not handed over the property enjoyed by the owner in accordance with the law in accordance with the provisions of the state, but also proves that the property service provider has not verified the property service cost and service fee in accordance with the law. In accordance with Article 526 of the Civil Code, which stipulates that "the parties shall bear debts to each other, and there is a sequence of performance, and if the party that should perform the debt first fails to perform, the party that performs later has the right to refuse its request for performance", and the owner has the right to refuse to perform the request to pay the property service fee first. For related questions, please refer to articles such as "Obligations of Property Services in the Early Stage of Residential Communities".

Make suggestions in accordance with laws and regulations, hope and can help friends, and wish friends good luck. It is necessary to consult with a good lawyer first!

The details of the unpaid property fee and the lawyer's letter of reminder are as follows:

1. Received a lawyer's letter, indicating that the property in the community has been preparing to sue, and if it does not pay, it will be sued. After receiving the lawyer's letter, you can take the initiative to contact the property of the community and pay the property fee; You can also protect your own interests through legal means, but the property fees need to be paid.

2. It is not enough to pay for 2 years, and all the previous property fees must be paid. The statute of limitations is two years, but as long as the property company has been recovering, this statute of limitations is calculated from the last recovery. Therefore, to see whether the statute of limitations exceeds 2 years, the key is the time when the last property reminder note was received.

3. Stuffing the note is to collect money, that is, to suspend the statute of limitations and start again. When it is equivalent to the monthly payment slip, the previous statute of limitations will be reduced to zero, and two years will start again. These reminders are all evidence, as long as it is determined that the owner has received them.

4. The property company's unauthorized construction of a paid parking lot has been illegal, which is not only a breach of contract, but a tortious act, which infringes on the property rights of the common part of the community owner. However, if the property management company has obtained the consent of the owners' committee, then its action is legal; On the contrary, if a paid parking lot is built without authorization, the owner can pursue the legal liability related to the property and ask him to compensate for it.

Legal basisArticle 7 of the Property Management Regulations.

In the course of property management activities, the owner shall fulfill the following obligations:

1) Abide by the management statute and the rules of procedure of the general meeting of owners;

2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

3) To implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners;

4) Pay special maintenance funds in accordance with the relevant provisions of the state; The Higher.

5) Pay the property service fee on time;

6) Other obligations provided for by laws and regulations.

If the amount and interest of the property fee on the lawyer's letter do not conform to the original facts, the party should actively inform the opposing lawyer and provide corresponding evidence to facilitate the lawyer's verification and handling. If the parties are temporarily unable to pay off the outstanding property fees at one time, they can take the initiative to negotiate with the property to repay the loan in installments or delay the repayment period, so as to avoid the other party from suing and incurring other expenses to increase the burden on the parties. The lawyer's letter reminder serves to inform the client of the performance of the obligation, but it is not enforceable, and the receipt of the lawyer's letter does not mean that the lead has been sued.

Article 195 of the Civil Procedure Law: In any of the following circumstances, the statute of limitations shall be determined in the course of the trip, and the statute of limitations shall be recalculated from the time when the relevant procedures are interrupted or the relevant procedures are concluded: (1) The right holder submits a request for performance to the obligated dismantling party; (2) The obligor agrees to perform the obligation; (3) The right holder initiates a lawsuit or applies for arbitration; (4) Other circumstances that have the same effect as filing a lawsuit or applying for arbitration.