Do you have to pay property fees if you haven t lived in the house?

Generally, if you buy a house and don't live in it, you also need to pay property fees, but some regional policies and regulations stipulate that vacant houses can be reduced property fees. Specifically, it can be communicated between the owner and the property, and the agreement reached after the communication is legal and valid. The property fee refers to the fee payable by the property manager for the provision of property services and the property owner receiving the property service according to the property service contract.

It is the obligation of the landlord to pay the strata fee. If the owner defaults on the property fee, the property service provider may urge the payment or sue, but cannot stop the power supply, water supply, heat supply, gas supply and other methods to urge the payment. The owner shall abide by the laws, regulations and management regulations, and the relevant behaviors shall comply with the requirements of resource conservation and ecological environment protection.

The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

Property Management Regulations

Article 41.

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 management service fee, the owner shall be jointly and severally liable for the payment.

The house has not been inhabited and you have to pay a property fee, and the specific reasons are as follows:

1. The payment time of the property fee is stipulated, starting from the time after the owner takes over the house and hands over the key, if the house has not been moved in after the purchase, according to the relevant regulations, the property fee still has to be paid;

2. When moving in, the owner and the property management company have signed a property custody agreement, and the owner shall pay the property service fee according to the property service contract, and the owner has signed it, clarifying the obligation to pay the property fee, and not paying is a breach of contract;

3. If the property fee is not paid, the property will sue the owner who did not pay the fee, and the result of the lawsuit is to make up the property fee and pay the late fee.

Legal basisArticle 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: If the house is not occupied and the property fee needs to be paid, the object of the property management company's service is the owner's house, not the owner.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

40th 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 owners and property service enterprises in accordance with the competent department of ***** in conjunction with the construction administrative departments to develop the property service charges, agreed in the property service contract.

If the house is not inhabited and needs to pay the property fee, the property management company serves the owner's house, not the owner.

1. Whether to pay the property fee if the property contract is not signed.

If you don't sign a property, you don't need to pay a property fee. If the owners' committee has not signed a written property service contract with the property management company, but the owner actually accepts the property management service, the owner shall pay the corresponding fee to the property management company according to the actual service**. The owner shall pay the property fee to the property service provider in accordance with the agreement.

If the property service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property fee on the grounds that it does not accept or does not 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 management service provider may urge it to pay within a reasonable period of time, and if the property management service provider still fails to pay after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration.

2. Will there be a sentence for suing for arrears of property fees?

The owner shall pay the property service fee in accordance with the agreement of the property service contract. First of all, the property fee is generally paid after the purchase of the house, and if the owner defaults on the property management fee and has not paid it after supervision, the property management company has the right to sue the owner who has not paid the fee, and the consequence of the lawsuit is to make up the property fee. There are a few misconceptions that should be noted:

Unresident users can refuse to pay property fees, they can refuse to pay property fees if they have not signed a property service contract, and they can refuse to pay property fees because the original owner is in arrears.

Legal basis: Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Property Management Service Disputes: If the owner refuses to pay the property fee without justifiable reasons 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 the property management service enterprise has already provided services in accordance with the contract and relevant regulations, 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.

3. How to collect the property fee for uninhabited people?

The way to charge a strata fee for a person who does not live in a house is:

1) If there are unfinished buildings in the residential area where the owner lives, he can apply to the property management company for a discount of 15% or 30% of the property management fee, which is lower than the prescribed standard;

2) If the owner does not move in or use the property after checking in, the owner shall inform the property management service company in writing that 70% of the prescribed standard can be paid;

3) Attached houses that are not included in the area of property rights shall not be charged public service fees.

Civil Code of the People's Republic of China

Article 273:The owner has rights and obligations with respect to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.

When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.

Generally speaking, even if the house is not occupied temporarily, the strata fee needs to be paid. This is because the property fee is a public service fee in the community, and has nothing to do with whether the house is occupied or not. The property company needs to maintain the community's public facilities, security, cleaning and other services, and these expenses need to be compensated from the property fee.

There may be some special circumstances in the actual practice. For example, if your house is unsold, the developer may be responsible for paying the property fees. Alternatively, if you can prove that your house is temporarily unoccupier (e.g., undergoing large-scale renovations), you can also negotiate with the property management company to postpone the payment of property fees.

However, if you do not have a reasonable reason to refuse to pay the property fee, you may be chased by the property management company or your credit history may be affected.

Therefore, it is recommended that you pay the property fee in time, communicate and negotiate with the property management company, and provide supporting materials if there are special circumstances. This will ensure your rights and interests and avoid unnecessary troubles.

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