What should I do if my tenant doesn’t pay property fees? A guide to protecting the rights and interests of landlords and properties
Recently, as the rental market becomes more active, the issue of tenants’ arrears of property fees has become a hot topic. When many landlords and property management companies face such disputes, they often don’t know how to legally defend their rights. This article combines the hot content of the entire network in the past 10 days to sort out solutions and structured data for you.
1. Analysis of common reasons why tenants default on property fees
| Reason type | Proportion | Typical cases |
|---|---|---|
| financial difficulties | 45% | Unemployment resulting in inability to pay |
| dissatisfied with service | 30% | Property maintenance response is slow |
| Contract disputes | 15% | The cost commitment agreement is unclear |
| malicious default | 10% | Refusing to communicate and not paying bills for a long time |
2. Division of responsibilities provided by law
According to Article 944 of the Civil Code, there is a property service contract relationship between the owner (landlord) and the property management company, while there is a lease contract relationship between the tenant and the landlord. If the tenant fails to pay property fees in accordance with the lease contract, the property company has the right to require the landlord to bear joint liability.
| Responsible subject | legal obligations | rights of recovery |
|---|---|---|
| landlord | Pay fees to the property management company | Can be recovered from the tenant |
| tenant | Performance under the lease contract | Appeal against unreasonable charges |
| Property company | Provide agreed services | Can sue the defaulter |
3. Landlord’s five-step approach to countermeasures
1.Check contract terms: Confirm the party responsible for the property fees and the breach of contract clause in the lease contract.
2.Written reminder: Retain evidence through WeChat, email, etc. and give a reasonable period of time.
3.Negotiate a solution: The deposit can be paid in installments or deducted (written agreement required).
4.Legal approach preparation: Collect payment records, communication vouchers and other evidence.
5.Exercise the right to terminate the contract: If you are in arrears for a long time, you can terminate the lease relationship with 30 days’ notice.
4. Compliance operation suggestions for property companies
| Operation stage | Specific measures | Legal basis |
|---|---|---|
| Early prevention | Request landlords to provide tenant registration information | Article 41 of the Property Management Ordinance |
| Collection process | Three written notices (15 days apart) | Article 119 of the Civil Procedure Law |
| Judicial relief | Sue both landlord and tenant simultaneously | Article 178 of the Civil Code |
5. Latest mediation case data in 2023
| area | average mediation period | Successful recovery ratio | Typical verdict |
|---|---|---|---|
| Beijing | 62 days | 78% | Tenant’s back payment + liquidated damages 5% |
| Shanghai | 45 days | 85% | The difference will be made up after the deposit is deducted |
| Guangzhou | 53 days | 72% | The landlord pays in advance |
6. Contract optimization suggestions for preventing disputes
1.Clarify fee terms: List the property fee amount, payment method and time separately in the lease contract.
2.Set up a guarantee mechanism: Require tenants to provide a deposit (recommended to be more than 2 months rent).
3.Add licensing terms: Allow property management companies to send payment notices directly to tenants.
4.Agreed liability for breach of contract: The daily late payment fee shall not exceed 0.05%, and the contract may be terminated if the payment is overdue for 15 days.
Through the above structured analysis and data support, landlords and property companies can deal with the problem of tenants' arrears of property fees in a more systematic way. It is recommended to give priority to mediation when encountering disputes and protect rights and interests through legal means when necessary.
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