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The house was completed, and the property was notified that the house had been received, and no one lived in it for a long time, and it was not rented out, but the property fee needs to be paid normally.
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If you don't pay much attention to this "Civil Code", you may not know what the new provisions of the Civil Code are this year, and what changes are there in our lives, so let's talk about this today.
What is the concept of "vacant house"? I believe that many people will immediately think of the kind of house that has been bought for a long time, but has been uninhabited by the house, in fact, this is also a common problem in our country, we all know the importance of the house now, whether it is self-occupied, the marriage of children, or for the future pension problems, the house is indispensable.
So it has led to a lot of people in the market, one person has a lot of people with multiple residences, so at this time, everyone has a question, I don't live, I don't enjoy the property service, so can I not pay the property fee? So I will answer this question for you with the Civil Code:
According to the latest regulations of China's "Civil Code".
Article 944 of the Civil Code stipulates that the payment of property fees is the obligation of the owner, and the owner shall pay the property fee in accordance with the law, if the owner refuses to pay the fee without any reason, the property owner can urge, if the reminder fails, the property owner can sue the owner or apply for arbitration, but the state has provisions here that the property cannot be forced to claim the property fee by means of water outage, power outage, gas outage, etc.
That is to say, the state stipulates that the payment of property fees is the obligation of the owner, and must not refuse to pay without reason, although your house is empty and no one lives, but the service of the property is not a specific person, or there is a place in the community, just like the daily garbage cleaning of the property, community greening, electrical maintenance, these properties do every day, even if you are not in the property also provides the corresponding services, so you must not refuse to pay the property fee on the grounds that you have not enjoyed!
At the same time, because a contractual relationship has been established with the property, the property has the right to demand the payment of property fees from the owner, if the owner refuses to cooperate, and there is no justifiable reason, if there is evidence at hand, the property can file a lawsuit with the people's court, or file an arbitration to inform the owner to pay the fee as soon as possible, but this has a premise, that is, it cannot be forced to pay the property fee in a way that disrupts the lives of residents.
Seeing this, do you think that the state is helping the property? Some people may think so, but what I want to say is that the state is oriented towards the overall situation, and will not favor a certain person or industry, although the state stipulates that the property fee is something we must pay, but at the same time, it also gives the owner the right to replace the property by himself.
Everyone is equal, you think that this property service is not good, you can change it, but the property provides a service, he must also receive payment, the property has the right to ask for fees through legal means, and the owner can also sue the property for inaction by retaining evidence, so everyone understands, right?
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If you don't pay it, the company will sue you.
In reality, there are some irregular property companies, without the election of the owners' meeting, they are illegal to settle in, then you can not pay the property fee!
For example, my home is an old community, there has been no property, suddenly one day, the neighborhood committee designated a property company, but there is no qualification to get the certificate, so most of the owners of our community do not pay the property fee, but also to the neighborhood committee, and then the old owner will not charge the property fee.
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Don't care about the property, according to the property law, as long as you have the right to use or own the house, you only have to exercise the right, and any person or thing that obstructs and obstructs you is illegal. Leave the property alone and so on. Big deal, don't you go to the property service. Don't buy his services.
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Legal analysis: When the house is not **, the property fee is paid by the original owner of the house.
Legal basis: Article 41 of the "Property Management Regulations" The owner shall pay the property service fee in accordance with 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.
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.
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Many friends feel that they have not moved in and have not enjoyed the treatment of the owner, so why should they pay for it? I hope you can understand our own reasons, not joining is not the reason for the property, resulting in you not being able to move in. In this case, it cannot be said that you have not accepted the services of the property, so you will not pay the property fee, all people are the same, as long as your house is already in your name and has started normal property management, you need to pay the property fee.
Therefore, Lemon hopes that friends must be clear when buying a house, so that they don't feel very aggrieved at that time.
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The house has not been moved in, do I need to pay the strata fee? Insiders tell the reason and increase their knowledge!
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Logically speaking, as long as the house is in your name, you need to pay the property fee, but the more humane regulations seem to be that some communities do not charge property fees before moving in.
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Of course, as soon as you buy a house, the property will be responsible for starting to show you the door, so you need to pay a certain property fee.
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If you don't live in it, you have to pay the property fee, after all, you are in this community, then the property is to provide you with the corresponding services, you need to provide a certain return.
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In fact, whether you have lived in it or not, since the property has started to provide services, then you need to pay the property service fee. It has nothing to do with whether you live here or not.
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If you don't live in it, you don't need to pay the property fee.
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Uninhabited houses are still digging and needing to pay a property fee. Because regardless of whether you move in or not, if you fail to pay it within the time limit, the owner will have to bear the liquidated damages for late payment. According to the provisions of the relevant interpretation, if the property management service company has provided services in accordance with the provisions of the contract and the relevant provisions, and the owner only uses the failure to enjoy or does not need to accept the relevant property management services as a defense, then the People's Pharaoh's Ruling Court will not award support.
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