What if the property management company fails to perform the service agreement?

Owners and property management companies that fail to fulfill the property management agreement can negotiate on the basis of voluntariness and equality according to the management statute and property management contract, or complain to the property management office of the local real estate administration, and submit the dispute to a third party for mediation; If the mediation fails, it shall be submitted to the arbitration organ for arbitration, and relevant evidence shall be retained to bring a lawsuit to the people's court.

legal ground

Article 2 of the Arbitration Law

Contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated.

Article 35 of the Regulations on Property Management

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 48

The real estate administrative departments of the local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities.

Article 122 of the Civil Procedure Law

Where mediation is applied to a civil dispute brought by a party to a people's court, mediation shall be conducted first, unless the party refuses to mediate.