When the realty service contract is terminated, how should the realty service enterprise hand over the work?

After the property service contract with a property management company expires, the community owner will not renew the contract, but enter into a property service contract with another property management company. However, the original property management company is unwilling to move out of the property management room, continue to carry out daily services, repairs and maintenance for the community, and refuse to hand over the work with the property management company that has signed the contract on the grounds that it is still providing services, and even more unwilling to return the property fees received in advance and the special maintenance funds entrusted. So, is the practice of property management companies legal?

The lawyer replied.

After the termination of the rights and obligations of the property service contract, it is the post-contractual obligation of the property service enterprise to handle the relevant handover work according to the property service contract. The above refusal of the property management company violated this post-contract obligation. According to the judicial interpretation of the Supreme Court, the people's court will not support a realty service enterprise that refuses to quit and hand over after the termination of the rights and obligations of the realty service contract and asks the owner to pay the realty fee. Therefore, if the above-mentioned cases are brought to court by the owners, they will be supported by the people's courts.

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 10 After the termination of the rights and obligations of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service premises and related facilities, as well as the relevant materials required for realty service and the special maintenance funds entrusted by it, the people's court shall support it.

After the termination of the rights and obligations of the property service contract, if the property service enterprise refuses to withdraw or hand over and requests the owner to pay the property fee on the grounds that there is a de facto property service relationship, the people's court will not support it.