When decorating a home, why does the property charge a security deposit?

I think I'm afraid you're blind to decorate. After all, there are still load-bearing walls in the room, and if you break the load-bearing walls during the renovation, this will definitely affect the structure of the whole building.

Because the property is afraid that when you decorate, the main structure of the house will be opened up like a load-bearing wall, which will affect the load-bearing of the whole building, and in order to make the decoration more standardized, a deposit will generally be charged. Some can't install stretch hangers outside the window, and if it is beyond the scope of the property, this deposit will generally be confiscated.

Because they said that they would make sure that you would not knock on the load-bearing walls, litter, etc., and said that they would return it to you after the renovation.

The reasons why it is illegal for the property to collect the decoration deposit are as follows:

1. There is no mandatory provision, and the property has no right to charge if the owner is unwilling. However, the two parties can find a balance through negotiation and sign an agreement that both parties are willing to perform;

2. Those property management companies that pay a deposit to issue an admission card to the decoration company violate the principle of free consumption by the owner as a consumer, which is a violation;

3. In addition, according to the regulations, the formulation and adjustment of the first department is the responsibility of the competent department, and other departments have no right to make provisions on this without authorization.

4. The property management company and the buyer establish a legal relationship of property service, and the property company provides property services, and cannot restrict the buyer's entry behavior because of the failure to pay the decoration deposit. The property company does not charge a security deposit for renovationsLegal basis, the owner can refuse to pay.

Legal basisArticle 40 of the Property Management Regulations.

Property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owner and property service enterprises in accordance with the ***** department in charge of the construction of the property service charges formulated by the competent department of the property management department, agreed in the property service contract.

Legal analysis: the property management company is unreasonable to collect the decoration deposit. When the owner is decorating, if the property management company decides to collect the decoration deposit without authorization, it is unreasonable to collect the decoration deposit before entering the decoration room.

However, if it is a decision approved by the majority of the owners' meeting, or if the property management contract signed between the property management company and the property committee of your community stipulates that the property management company can collect a decoration deposit, it is reasonable to collect the decoration deposit before entering the decoration company.

Legal basis: Article 67 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.

It is unreasonable for the property management company to charge a decoration deposit. When the owner is decorating, if the property management company decides to collect the decoration deposit without authorization, it is unreasonable to collect the decoration deposit before entering the decoration room. A decision is not reasonable unless it is approved by a majority of the general meeting of owners.

Is it reasonable and legal for the property to charge a renovation deposit?

It is unreasonable and legal for the property to charge a decoration deposit. If the law does not clearly stipulate that it can be collected, but the property management company still requires the payment of the fee, it can be deemed to be an arbitrary charge, and the owner has the right to refuse. However, if the owner and the property management company have agreed on the decoration deposit clause in the contract, it shall be handled in accordance with the agreement.

Is there any regulation on the collection of decoration deposits for residential properties?

There is no provision for the collection of decoration deposits for residential properties. The law stipulates that if the owner needs to decorate and decorate the house, he shall inform the property management company in advance; Property management enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house.

Is it legal for the property to collect the decoration deposit?

It is not legal for the property to collect a decoration deposit. If the law does not clearly stipulate that it can be collected but the property management company still requires the payment of fees, it can be determined as an arbitrary charge, and the owner has the right to refuse. However, if the owner and the property management company have agreed on the decoration deposit clause in the contract, it shall be handled in accordance with the agreement.

Is it legal for property companies to collect renovation deposits.

It is not legal for the property management company to collect the decoration deposit. If the law does not clearly stipulate that it can be collected but the property management company still requires the payment of fees, it can be determined that the fees are arbitrary, and the owner has the right to refuse. However, if the owner and the property management company have agreed on the decoration deposit clause in the property service contract, it shall be handled in accordance with the agreement.

Is it reasonable to charge liquidated damages for property fees?

If the two parties agree to pay the property fee on time, it is reasonable to pay a certain amount of liquidated damages. The current relevant regulations in China do not clearly stipulate that liquidated damages need to be paid for late payment of property fees, mainly depending on how the two parties agree.

Whether it is reasonable for the property company to collect the decoration deposit depends on different circumstances, as follows:

1. When the owner is decorating, if the property management company decides to collect the decoration deposit without authorization, it is unreasonable to collect the decoration deposit before allowing the decoration to be entered;

2. If it is a decision approved by the majority of the owners' meeting, or if the property management contract signed by the property management company and the property committee of the community has the owner to decorate the property company can collect a decoration deposit, it is reasonable to collect the decoration deposit before entering the decoration.

1. Who owns the illegal decoration deposit?

1. If the property does not refund the decoration deposit, first of all, we must find out what the reason is, and we can go directly to the property office to consult the relevant staff. If there are irregularities in the decoration, violating the content of the agreement issued by the property, such as changing the original structure of the house, dismantling and altering the load-bearing wall at will, causing certain safety hazards.

2. If this is the case, the property has the right to deduct the decoration deposit, and then return the decoration deposit after the owner has rectified it. In addition, during the renovation period, if damage is caused to the public equipment of the community, such as walkways, stairs, and intercom doors, these also need to deduct the corresponding decoration deposit for the maintenance of the equipment.

3. If there are any of the above situations during the renovation, the property has the right to deduct the decoration deposit, and it is reasonable and legal. The owner can only rectify it by himself, and then let the property be inspected, and after passing the qualification, the decoration deposit will be refunded.

4. If it is said that during the decoration period, the content of the agreement issued by the property has not been violated, and the property is qualified for door-to-door acceptance. In this case, you can first negotiate with the relevant staff of the property to see if Chahuai is willing to return the decoration deposit.

5. If you can't negotiate, you can protect your rights through the following three ways, one is to give feedback to the relevant departments of the local housing management bureau, the other is to report to the relevant real estate departments in the area, and the third is to sue the property of the community through legal channels and ask for a refund of the decoration deposit.

Second, whether the decoration deposit is not refundable can be called to the police.

It is useless to call the police if the decoration deposit is not refunded, and it can be solved by the following methods:

1. If the property management company does not return the decoration deposit, the owner can go to the property management department of the local housing management bureau to reflect.

2. The decoration deposit is the decoration deposit to be collected by the property management company when decorating, and it will be returned to the owner within a certain period of time after the owner has completed the decoration and passed the inspection by the property management company.

Legal analysis: The state does not clearly stipulate this, but considering that some owners do not act according to the requirements when decorating, causing damage to the interests of the community public, it is reasonable for the property management company to charge a certain decoration deposit, which can remind the owner to decorate according to the regulations. Since the deposit is refundable, there is no damage to the owner who renovates as required.

If the owner and the property management company stipulate in the property management contract that the owner will pay the renovation management fee, then the owner must pay the management fee according to the contract; If there is no such agreement between the parties, then the property management company cannot charge the owner a renovation management fee. Property management service enterprises shall comply with the provisions of the security deposit and deposit for property management services, and it is strictly forbidden to collect fees in disguised form such as security deposit and deposit. Property management service enterprises shall not collect decoration deposits or security deposits from owners and property users.

If the property service enterprise needs to charge for the decoration activities of the owner and the property user to provide additional services other than the basic services, it can be declared to the competent department of the city and county-level city and the administrative department of property management according to the actual cost, and the fee standard shall be implemented after approval.

Legal basis: Civil Code of the People's Republic of China

Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled the main obligation of the judgment before signing, stamping or pressing the fingerprint, and the other party accepts it.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance 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.