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Legal elder brother discovers, a lot of owner are expended to property care not quite, perhaps saying is relatively at expenses of air of water and electricity character, property cost appears footy. But the near future has a property to expended relevant case to cause a society however great attention.
The limited company of management of ambitious innovation property of Sichuan Chengdu was sent to an owner urge announce letter, the reason is this owner 5 years unexpectedly not pay property cost, the property that owe pay is expended 50 thousand multivariate, arise accordingly " fine for delaying payment " be as high as 550 thousand yuan. Message, opinions vary, how does the fine for delaying payment of this a huge sum produce after all? Such rate whether reasonable? Fasten urgent, will have a look at particular case with legal elder brother!
Urge in announcing letter, say, this are villatic (area 270 more than square metre) owner already had 5 years to be expended without pay property, end correspondence issues day, had owed charge of canal paying thing in all 55188.8 yuan (according to every square metre every months of 3 yuan standard, every months of property expends more than yuan 810) , had produced fine for delaying payment 554647.44 yuan. In correspondence, owner of requirement of this property unit is in this year before September 15 paid owe cost, will agree according to legal laws and regulations and agreement otherwise (include but not be confined to according to daily 1% computation exceed the time limit pays cost overdue fine) , find out owner responsibility of breach of contract.
Everybody thinks generally, although the executive program of this property unit does not have a problem, owner did not show special situation, the practice that without reason defaults property to expend also really not proper, but, is this daily is the cost of exceed the time limit of 1% bit more exorbitant? Even if the agreement agrees, but is this lawful really?
In fact, the circumstance with this kind of exorbitant penalty due to breach of contract, can apply for to reduce to local court. Owner without reason defaults property cost to should fill to hand in and can undertake condemnatory, include sincere letter record even. But this " punishment " also should be in reasonable range. 50 thousand multivariate became after 5 years 550 thousand, can't help letting a person stare tongue-tied. To this, this owner is OK from applied for to reduce cost below at 2 o'clock.
1, the amerce of exceed the time limit that defaults property cost to increase is called " fine for delaying payment " it is ill-considered, call penalty due to breach of contract at most, did not fine according to what property of conventional time pay expends namely. "Fine for delaying payment " it is the imposition that shows the citizen should be not handed in lawfully on time, or the cost that the executive authority produces when the amerce of collection lawfully, property is expended and not be inside administrative limits, do not have the meaning that administration punishs.
2, whether is the contract that can owner notice to the property that seek testimony expends penalty due to breach of contract to pass legal process to sign? E.g. , if this contract is the format article that property branch prints beforehand only, so according to relevant law laws and regulations, operator must not damage consumer rights and interests with inequitable format clause. Although owner and property unit both sides concern the agreement at collection of penalty due to breach of contract, but this kind is pressed daily of the high proportion collection of 1% so called " fine for delaying payment " it is to belong to clause of invalid Xiang Yu the Conqueror apparently. Once quote is successful, this owner can avoid these 550 thousand yuan penalty, use symbolistic reasonable punishment only.
Be in actual in, did not restrain owner as early as possible pay property cost, is penalty due to breach of contract highest how can you agree? According to the regulation, all compensation of consumer penalty due to breach of contract must not exceed annual interest 24% . That is to say, property of a month expends this owner 810 yuan, a year 9720 yuan, namely: Penalty due to breach of contract of a year cannot exceed 2334 yuan. So very apparent, a:appellant property unit 5 years law of 550 thousand dispute operated collection of penalty due to breach of contract.
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