[Direct answer]In the Beijing area, whether tenants can be made to pay the arrears in property fees depends on the provisions of the lease contract and the contractual relationship. According to Article 939 of the Civil Code of the People's Republic of China, the property service contract is legally binding on owners, and the obligation of owners to pay property fees is not exempted due to the lease of the house; only if the lease contract explicitly stipulates that the lessee shall pay, can the owner recover the fees from the tenant after paying in advance. The recovery path is as follows: issuing a written reminder and giving a reasonable period of 15 to 30 days, conducting negotiations or sending a lawyer's letter, and, if unsuccessful, suing the people's court within the three-year statute of limitations and claiming breach of contract liability in accordance with Article 722 of the Civil Code. It is recommended to keep the fixed lease contract, the reminder notice, the payment receipt, and the transfer records. For more details, please refer to the following link:Real estate sales and construction project services.

1. Problem background and typical scenarios

After the house is rented out, who should pay the property management fees? This is a frequently encountered issue in rental disputes. Typical scenarios include: the lease contract only stipulates the rent and does not specify who should bear the property management fees; the tenant refuses to pay, and the property management company then demands payment from the landlord; although the contract stipulates that the tenant should pay, the tenant leaves a large amount of unpaid fees when moving out; the property management company threatens to cut off water and electricity, forcing the landlord to pay in advance; and disputes over fees incurred during the period of the house being vacant or sublet. The monthly amount of property management fees is usually not large, but it can add up to a significant sum over time, and it directly affects the relationship between the landlord and the property management company as well as the normal use of the house. When handling similar cases in the Beijing area, the court generally first reviews the provisions of the lease contract, and then determines the responsibilities of the property management company, the landlord, and the tenant. For issues related to the enforcement of relevant creditor's rights, please refer to the relevant provisions.Creditor-debtor relations and enforcement case services.

II. Key points of contention

The focus of the dispute lies in four aspects. Firstly, the relativity of the contract: the parties to the property service contract are the property management company and the owners. In principle, the property management company cannot directly claim the property fees from the tenants unless the lease contract stipulates that the lessee shall pay the fees and the arrangement is accepted by the property management company. Secondly, the validity of the agreement: the lease contract stipulates that the lessee shall pay the property fees, which is an internal agreement between the owners and the tenants. The owners cannot use this to oppose the property management company, but it is binding on the tenants. Thirdly, the scope of recovery after advance payment: after the owners pay on behalf of the tenants, they can claim the principal, overdue interest or penalty according to the agreement, as well as the reasonable expenses incurred in collecting the fees. Fourthly, the defense of service defects: tenants or owners often refuse to pay on the grounds of inadequate property services. Such defenses must be supported by evidence such as photos and repair records, otherwise it will be difficult to gain support. For matters involving the interpretation of contract terms and breach of contract liability, reference can be made to the relevant provisions of the Civil Code and other laws and regulations.Business and contract dispute resolution services for enterprisesEvaluation.

III. Professional analysis by Henglue Lawyers

In practice, the key to recovering property fees lies in clarifying the responsibilities first: there is a property service contract relationship between the property management company and the owner, and a lease contract relationship between the owner and the tenant. The two cannot be confused. If the lease contract clearly stipulates that the property fees shall be borne by the lessee, it is recommended to simultaneously agree on the payment method, the default penalty standard, and the settlement rules for water, electricity and gas fees at the time of signing the contract, and to collect a certain deposit as a guarantee. During the collection stage, it is necessary to send a written notice of collection and keep the delivery certificate, stating the amount, the period of the fees, and the payment deadline; if necessary, entrust a lawyer to send a lawyer's letter, which can not only fix the evidence but also often facilitate a settlement. During the litigation stage, the claim should include the unpaid fees, the default penalty, and the loss of funds occupation. After winning the lawsuit, apply for enforcement promptly. If the tenant also defaults on the rent, the lessor can claim to terminate the lease contract and reclaim the house in accordance with Article 722 of the Civil Code.

IV. Practical suggestions and legal basis

The legal basis is primarily the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021): Article 939 (the property service contract is legally binding on the owner); Article 944 (if the owner fails to pay the property fees on time and the property service provider, after giving notice, still fails to pay within a reasonable period, the property service provider may initiate litigation or apply for arbitration, and may not use methods such as cutting off water and electricity to collect the fees); Article 722 (if the lessee fails to pay or delays in paying the rent without a valid reason, the lessor may require the lessee to pay within a reasonable period, and may terminate the contract if the rent is not paid within the time limit); Article 577 (liability for breach of contract) and Article 509 (fully perform the contract in accordance with the agreement). Practical suggestions: When signing the contract, clarify the subject responsible for the property fees, the payment method, and the penalty clause; when vacating the property, prepare and retain the settlement of fees documents; if there are arrears, first give a written notice and allow a reasonable period of 15 to 30 days; after paying the fees in advance, promptly claim the reimbursement to avoid exceeding the three-year statute of limitations; if no agreement can be reached, sue and apply for property preservation. For more real estate-related questions, please visitHomepage of Beijing Henglu Law FirmUnderstand the service process.

5. Henglu Law Firm's Reminder

It should be particularly noted that property management companies are not allowed to suspend electricity, water, heating, or gas supplies to urge tenants to pay property fees. If such situations arise, tenants can file complaints with the competent authorities and retain evidence. At the same time, if the lease agreement stipulates that the tenant shall pay the fees, the landlord should check the bills promptly when the tenant vacates the property to avoid generating new arrears during the vacancy period. For tenants who have long-term arrears, landlords should assert their rights as soon as possible and not ignore the situation due to the small amount of the debt, which may lead to the expiration of the statute of limitations. If tenants both default on the rent and the property fees, the landlord can assert their rights simultaneously and, if necessary, terminate the lease contract. For case-specific assessments, tenants can seek help through legal channels.Special services and other case-related servicesMake an appointment for a consultation.

VI. Frequently Asked Questions

Q1: Will the court generally support landlords' requests for tenants to pay the overdue property fees?

The key factors determining whether support can be obtained are: whether the lease contract clearly stipulates that the property fees shall be borne by the lessee, and whether the evidence can prove the amount and duration of the unpaid fees. If the contract clearly stipulates that the owner has actually paid in advance and holds the payment receipts, the court will usually support the recovery of the principal and the agreed penalty from the tenant; if the contract does not stipulate this, the property fees legally belong to the owner's obligations, and claiming against the tenant lacks a legal basis, so the chances of obtaining support are relatively low. If the tenant defends against the existence of defects in the property services, he/she needs to provide evidence such as photos and repair records. The court will reduce the compensation according to the degree of fault. It is recommended to first review the contract terms and the chain of evidence, and then determine the claim object and the amount of the claim.

Q2: What evidence do I need to prepare to recover the unpaid property fees from tenants?

It is recommended to prepare four sets of materials: First, the lease contract and supplementary agreement, which prove the agreement that the lessee shall bear the property fees and the standard of the breach of contract penalty; Second, the property payment receipts, invoices, and bank transfer records, which prove the amount and time that the owner has actually paid in advance; Third, the reminder notices, WeChat message records, lawyer's letters, and delivery certificates, which prove that the obligation to remind has been fulfilled; Fourth, the water, electricity, and gas settlement bills, the house handover lists, and the eviction records, which are used to determine the period of responsibility for the fees. If the case goes to litigation, the tenant's identity information and contact details should also be provided. The more complete the evidence is, the more likely it is to avoid the other party's defense on the grounds of unclear amounts and unclear periods, and it will also be more convenient for subsequent enforcement.

Q3: How much does it cost to handle this kind of lawsuit?

The costs mainly include case acceptance fees and attorney's fees. According to Article 13 of the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), property cases are charged cumulatively according to the amount of the litigation request. For cases with a claim amount of no more than 10,000 yuan, a fee of 50 yuan is charged per case; for cases with a claim amount of between 10,000 yuan and 100,000 yuan, a fee of 2.5% of the claim amount is charged. Article 29 stipulates that the litigation costs shall be borne by the losing party. The amount of property arrears is usually relatively small, and simplified procedures or small claims procedures are often applied. For cases applying simplified procedures, the acceptance fee can be reduced by half. Attorney's fees can be charged on a per-case basis or as a percentage of the claim amount, subject to the provisions of the entrustment contract. If the amount of arrears is limited, it can also be collected through a lawyer's letter first, which can better control the costs.

Q4: How long does it usually take from the moment of collection to actually receiving the money?

The timeframe depends on the other party's cooperation. In the written reminder stage, a period of 15 to 30 days is typically granted; after the lawyer sends the letter, some disputes will be resolved and settled within a few weeks. For cases involving small claims procedures or simplified procedures, they are generally concluded within one to three months after filing; for ordinary procedures, it takes six months. If the other party still fails to perform after the judgment takes effect, it is necessary to apply for enforcement, and the enforcement period depends on the situation of asset investigation. Overall, for cases with clear facts and small amounts, it typically takes several months from the reminder to the recovery of the money. It is recommended to apply for property preservation simultaneously when suing, freezing the other party's account, which can significantly improve the actual efficiency of recovering the money.

Q5: How should we proceed specifically?

It is recommended to proceed in five steps: First, check the provisions on the responsibility for property fees in the lease contract to confirm the basis of the claim; Second, organize the property payment receipts and bills to clarify the amount and period of the arrears; Third, send a written notice of payment reminder to the tenant, requiring payment within 15 to 30 days, and keep the evidence of delivery; Fourth, if the payment is not made within the time limit, entrust a lawyer to send a lawyer's letter, and simultaneously evaluate the litigation costs and the possibility of recovering the money; Fifth, if no agreement can be reached, file a lawsuit with the court having jurisdiction within the three-year statute of limitations, and claim the principal, the penalty for breach of contract, and the loss of funds occupied at the same time. It is necessary to keep the communication records and payment receipts throughout the whole process.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.