Why don't you leave when the contract signed by the property and industry Committee expires?

If the property company refuses to move out of the community after the property contract expires, the owner may bring a lawsuit to the people's court and request the people's court to enforce it. If necessary, it can also be expelled through the media.

Property contract is a contract signing process that must be experienced after living in a house. But what if the property contract expires and the property doesn't leave? What can we do to help ourselves? The following is to solve this problem for everyone, and at the same time introduce the matters needing attention in signing the property service contract, in case you encounter big problems when signing the property contract.

1. What if the property contract expires and the property doesn't leave?

According to the "Property Management Regulations"

Article 38 stipulates: "When the realty service contract is terminated, the realty service enterprise shall return the realty management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover. "

If the property company refuses to move out of the community after the property contract expires, the owner may bring a lawsuit to the people's court and request the people's court to enforce it. If necessary, it can also be expelled through the media.

Second, matters needing attention in signing the property service contract

Owners Committee should pay attention to the following points when signing a property service contract with a property company:

Clarify the content, scope and duration of entrusted property services.

In the service contract, it must be clear whether the property company manages all the property work of the community or is only responsible for a certain service content. If the agreement is not clear, it will bring a lot of unnecessary trouble.

For example, the owners' committee of a residential area hired a property company through bidding and entrusted it to manage all the property contents of the residential area. After the company took over, except for the property fee, all other property services were entrusted to other property companies without business at low prices to earn the difference. However, after entrusting property companies to undertake business at a low price, due to cost reasons, the service content and standards can only be reduced.

If the owners' committee does not stipulate detailed service standards in the service contract, nor does it stipulate that the property management company shall not entrust the service content to a third party, the owners can only suffer losses in vain. Therefore, if the owners' committee takes a fancy to the brand and service quality of a property management company, it is necessary to stipulate the detailed service content and specific service standards in the service contract, and stipulate that the company shall not entrust the service content to a third party, otherwise it will bear the corresponding liability for breach of contract.

In addition to the rights of the owners' committee stipulated in the Property Management Regulations, other rights should also be more specifically stipulated in the service contract:

For example, after the owners' committee collects the property fee, it is transferred to the property company, which should provide the corresponding office space for the owners' committee, and the main leaders of the owners' committee can extract subsidies from the property fee, and the owners' committee has the right to put forward opinions on the service quality of the property company and ask it to make rectification within a time limit. At the same time, the owners' committee should undertake corresponding obligations, urge owners to pay property fees on time, actively cooperate with the work of property companies, and respect the professional management methods and measures of property companies.

Clarify the rights and obligations of the property company.

Based on the principle of equal rights and obligations, while giving the property company the right to manage the daily affairs of the whole community, it is also necessary to clarify the obligations undertaken by the property company and clarify the responsibilities as much as possible. For example, if the owner's goods are stolen due to dereliction of duty, the property company shall be liable for compensation; When using property fees, property companies must have clear records and disclose their accounts to the owners' committee.

Agreement on liability for breach of contract

In the service contract, it should be clear that the property company should bear the liability for breach of contract if it violates the agreement. The agreed responsibilities should be practical and operable, and cannot be agreed into some big and empty laws and regulations. Especially for the case that the property company that was dismissed in advance did not quit in time, although the new "Property Management Regulations" stipulated the contents of punishment by the state administrative organs, it could not make up for the actual losses brought to the owners. Therefore, it must be agreed that if this happens, the property company will bear one day's liquidated damages for each delay, so as to effectively protect the interests of all owners.

What if the property contract expires and the property does not leave? At this time, we must save ourselves through legal channels. The best way is to sue the people's court for the behavior of property. If there is no other way, we can also help through the news media. Therefore, when signing a property contract, we must know how to pay attention to the clarity of the content and terms, and we must be clear before signing the agreement.