If the property service enterprise is dismissed, how to deal with the property fees paid?

The owner of a residential area was dissatisfied with the work of a property management company, but after the contract was terminated, he entered into a property service contract with B property management company. However, residential property fees are collected quarterly, so some property fees are still in a property management company. The community owners' committee asked the property management company for some paid property fees, which were rejected. A company said it was the owner's problem, not the company's problem, and the total amount of property fees owed by some owners in the community was far greater than the total amount that the owners' Committee wanted to return, so it refused to return it. So, how does the law stipulate this?

The lawyer replied.

According to the law of our country, after the termination of the rights and obligations of the property service contract, if the property service enterprise has received the property fee in advance but failed to provide the property service, it shall return it to the owner. As for the property service enterprise claiming the property fee to the owners' committee after the termination of the rights and obligations of the property service contract, it shall claim the property fee to the owners who are in arrears. Therefore, the above-mentioned property management companies refused to refund the property fees received in advance on the grounds that some owners did not pay the property fees, which did not comply with the law.

Legal link

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 8 If the owners' committee requests to terminate the realty service contract after the owners' general meeting has made a decision to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, the people's court shall support it.

Where a property service enterprise claims property fees from the owners' committee, the people's court shall inform it to claim rights from the owners who are in arrears with property fees.

Ninth after the termination of the rights and obligations of the realty service contract, the owners request the realty service enterprise to refund the property fees that have been received in advance but have not yet provided the realty service, and the people's court shall support it.

Where a realty service enterprise requires the owner to pay the property fee in arrears, it shall be handled in accordance with the provisions of Article 6 of this Interpretation.