Should the decoration deposit be deducted for cont

2022-07-22
  • Detail

Xiao Zhang bought a new house and paid a decoration deposit of 2400 yuan before moving in. After the decoration, the property company charged a decoration management fee of 327 yuan and a garbage removal fee of 247 yuan (for 7 rooms, 21 yuan/room, a small corner was demolished to increase the removal fee of 100 yuan), and the rest was returned. However, the property management company did not explain the pricing standard of decoration management fee and garbage removal fee afterwards. Compared with Xiao Zhang, Mr. Yang is even more unjustified. Install

Xiao Zhang bought a new house and paid a decoration deposit of 2400 yuan before moving in. After the decoration, the property management company charged a decoration management fee of 327 yuan and a garbage removal fee of 247 yuan (for 7 rooms, 21 yuan/room, a small corner was demolished to increase the removal fee of 100 yuan), and the rest was returned. However, the property management company did not explain the pricing standard of decoration management fee and garbage removal fee afterwards

compared with Xiao Zhang, Mr. Yang is even more unjustified. After the decoration, the property company not only deducted Mr. Yang's garbage removal fee and decoration management fee, but also charged 300 yuan of stair wear fee. Mr. Yang said gloomily, "the decoration materials are carried by elevators, and there is basically no wear and tear on the stairs. Why do you have to pay this money? If thousands of residents in this community need to pay, didn't the property earn hundreds of thousands of yuan in vain?"

the reporter learned from the property management office of the Coal Academy of Sciences and the Property Department of Wangjing Industry Co., Ltd. that the main purpose of paying the decoration deposit before decoration is to prevent the decoration company from violating regulations in the decoration process or damaging the public interest. The relevant person in charge of the property management office of the Beijing Municipal Construction Commission also said that it is normal for property companies to collect deposits and deduct fines according to the actual situation, in order to prevent decoration violations and ensure the interests of most owners

deduction of property control deposit

originally, the decoration deposit was mainly to restrain the decoration company, but basically all the decoration companies transferred the money to the owner, and for the possible damage results in the decoration process, the decoration company is willing to sign a compensation contract with the owner

Wang pingye, deputy general manager of canoe decoration, a well-known decoration company in Beijing, said that it was understandable for property companies to charge decoration deposits, but some property companies did not fulfill their responsibilities, but deducted the deposits in various names. According to the provisions of the measures for the interior decoration of residential buildings, the decorator shall apply for registration with the property management unit before the commencement of the interior decoration of residential buildings, and the property management unit shall inform the decorator and the decoration enterprise entrusted by the decorator of the prohibited acts and precautions of the interior decoration of residential buildings. He believed that since the property management company charged the decoration management fee, it should assess the qualification of the decoration company, prevent irregular enterprises from entering the community decoration, and strengthen supervision and guidance in the decoration process to avoid unnecessary losses, which instead became the reason for the property management company to deduct money. At the same time, he also introduced that the decoration deposit fees and decoration management fees charged by property companies in different communities are mostly different, and there is no standard to follow

even though the decoration company has signed the decoration contract with the property company, there are still operational problems, that is, the contract between the decoration company and the property company clearly stipulates the prohibited acts, but the liability for breach of contract and the punishment standard are not reflected in the contract, which leads to the lack of detailed rules for the specific operation after the problem occurs, and the deposit is in the hands of the property company, and the property company has the final say on how much to deduct and how little to deduct

the decoration deposit caused controversy

should the decoration deposit be charged? Does the property company have the right to deduct the decoration deposit? There is no legal provision at present. Chen Xu, a real estate lawyer of Beijing Long'an law firm, believes that if the property company and the decoration company reach an agreement, it is possible to collect the decoration deposit. When withholding the deposit, the property company must provide reasons for deduction, include it into the public maintenance fund, and indicate its purpose. Qiu Baochang, the director lawyer of Beijing Huijia law firm, made it clear that collecting the decoration deposit is not a necessary condition for decoration, and the property company has no right to forcibly collect the decoration company's deposit

however, Liu Gang, director of the property management office of the Beijing Municipal Construction Commission, said that it is normal for property companies to collect decoration deposits and deduct decoration deposits. The deposit is collected to prevent decoration violations, and the deducted funds need to be used to repair damaged places, so such behavior is reasonable

most owners and decoration companies believe that the property company should not charge the decoration deposit, but should sign a detailed decoration service contract, specify the prohibited matters, and clarify the liability for breach of contract. Lawyer Qiu Baochang also said that the agreement between the property company and the decoration company is the most important. If the decoration company is not willing to pay the deposit, the property company has no right to collect it forcibly, and it should not be a reason to prevent the decoration company from carrying out the decoration. The property company collects the decoration deposit for the decoration company, but the reality is that the owner is paying, so the original purpose and significance of collecting the decoration deposit have changed

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