Refuse to hand over civil code property

1. What are the provisions of the Civil Code on the handover obligations and legal responsibilities of property service providers?

Where the realty service contract is terminated, the original realty service provider shall withdraw from the realty service area within the agreed period or within a reasonable period, and hand over the realty service premises and related facilities to the owners' committee.

People's Republic of China (PRC) Civil Code

Article 949 Handover Obligations and Legal Liabilities of a realty service provider If the realty service contract is terminated, the original realty service provider shall withdraw from the realty service area within the agreed time limit or within a reasonable time limit, return the realty service premises, related facilities and relevant materials necessary for realty service to the owners' committee, the owners who decide to manage themselves or their designated persons, cooperate with the new realty service provider in the handover work, and truthfully inform the use and management of the property.

If the original property service provider violates the provisions of the preceding paragraph, the owner shall not be required to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.

2. After the property contract expires, the property company refuses to move out of the community?

After the property company is dismissed, it has no right to stay in the community.

After the property contract expires and the property company is dismissed by the owners' committee or owners' meeting, it is not uncommon for the property company to stay in the community. There are many reasons for the property company to stay, either because the community owners owe a lot of property fees, or simply because they are eyeing the "fat meat" of the community property and refuse to move out, but no matter what the reason, this practice of the property company is definitely a breach of contract.

It is the right given by law for the owner to hire a property company for property management. The property company selected according to the law and procedures is agreed by all the owners. Therefore, when the owners decide to stop accepting property services or dismiss the property company through the industry committee or owners' meeting, the property company shall not forcibly provide property services, and shall not charge the owners for property services on the grounds of factual services.

If there are unresolved disputes between the property company and the owners of the community, they should be resolved through legal channels, rather than staying in the community by force, otherwise the owners of the community can pursue the responsibility of the property company according to law.

After the property company is dismissed, it has no right to levy property fees.

It is a serious breach of contract for a property company to stay in the community after being dismissed by the community industry Committee or the owner's fire resolution, and the property company should not profit from its breach of contract and violation. Therefore, the relevant laws stipulate that if a property company asks to leave after being dismissed by the community, it may not ask the community owners to pay property fees on the grounds of providing factual services. In fact, even if the property company is forced to pay the property fee, the community owners can not pay it.

Solution.

1. If the original property company refuses to withdraw from the residential area within the property management area, the owners' committee may, on behalf of the owners of the residential area, apply to the local housing administrative department for an order to withdraw within a time limit, and the property company shall perform its administrative functions and powers and be ordered to withdraw from the residential area.

2. If losses are caused to the owner because the original property refuses to move out of the community, the owner can collect evidence, entrust a lawyer to sue the property company in court for compensation, and ask the original property company to move out of the community. If the property company refuses to move out, it can apply to the court for enforcement after winning the case. The court will force the property company to move out and hand over the relevant property premises and property information.

According to the provisions of the Civil Code, after the expiration of the property service contract, the property service provider shall undertake the obligation of work handover. To the owners' committee, the owners who decide to manage themselves or the people designated by them, return the relevant materials needed for the property service rooms, related facilities and property services. If you need legal help, readers can consult.