There is no service contract for property. How did the court judge?

Prosecution is a way to safeguard one's legitimate rights and interests, but if one wants to safeguard one's rights and interests through prosecution, one needs to prepare relevant materials, so as to better safeguard one's legitimate rights and interests. How can I sue if there is no contract in the property service contract? Let's follow me to find out.

First, how to sue the property service contract without a contract?

General property companies have early property contracts. As long as you can prove that you have provided property services, you can sue the owner for paying property fees, which is as effective as the contract if there is evidence.

Second, is the open-ended property contract legal?

According to the property management regulations, the duration of the property contract should be stipulated, but it is not mandatory. Therefore, the property contract is signed by both parties voluntarily, and it has legal effect without violating the mandatory provisions of the law and public order and good customs.

According to Article 143 of the Civil Law of People's Republic of China (PRC), a civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct.

(2) the meaning is true; (3) Not violating the mandatory provisions of laws and administrative regulations, and not violating public order and good customs.

Article 34 of the Property Management Regulations stipulates that the owners' committee shall conclude a written property service contract with the property service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Third, how to avoid property management disputes

(1) At present, there are more and more disputes over property management fees. The focus of the dispute is that the owner or user thinks that the items, standards and quality of related service fees are unreasonable and unqualified, while the property management company thinks that the owner or user does not abide by the property management convention and fails to pay the management fee on time. The two sides hold their own words and cannot reach an agreement. At present, because property management has just started, the problem is not as simple as one party's fault, so property buyers can take the following measures to avoid disputes:

1. When signing the property management convention, you should carefully review the relevant charging terms. If it is unreasonable, you can only sign it after consultation.

2. When you check in, you must strictly inspect the house, check the quality acceptance certificate of the construction project, and inspect the house on the spot. Problems should be raised to real estate development enterprises in time and properly solved;

3, housing quality problems during the warranty period, timely contact with real estate development enterprises, and urge them to take measures to repair;

4. Establish a property management committee as soon as possible, sign a property management contract, and regulate and constrain the behaviors of both residents and managers.

(two) after the dispute, you can take the following measures to solve:

1, the owner or user can report it to the residential property management committee, and the property management company will settle it through consultation;

2. If no settlement can be reached through consultation, the relevant fees shall be approved by the price department, and the owner, user or management committee may submit it to the price department for re-approval. The price department may re-approve it according to the actual cost of property management, combined with its service content, quality, depth and user opinions;

3. If the property management company thinks that the relevant charging standard is too low, it shall not raise the price without authorization. On the one hand, the price can be raised after consultation with the management Committee, on the other hand, the price department can be required to adjust its standards according to the changes in related expenses.

The above is how I introduced in detail how to sue the property service contract without a contract. Other evidence can also be collected to prove that there is no property service contract. I believe you should have some understanding. If you still have any legal problems to help solve, please consult a lawyer and give you professional answers.