What actions can the property be ordered to terminate the contract?

According to the law, the property service contract can be dissolved in the following ways: the parties can negotiate or agree to dissolve it in the contract; The debt has been fulfilled; Debts offset each other; The debtor shall deposit the subject matter according to law; Creditors are exempted from debts; Creditor's rights and debts belong to the same person; Other statutory circumstances.

1. The property service contract expires and both parties fail to renew the contract.

2. The property management enterprise and the owners' meeting negotiate to terminate the contract.

3. If the realty service contract cannot be performed due to force majeure, the realty service contract will be terminated naturally.

4. If a property management enterprise is declared bankrupt, it shall go through bankruptcy liquidation in accordance with the provisions of the state, and the property management contract cannot be continued.

I. Matters needing attention in reviewing the realty service contract

1. Review the subject qualification of property service providers. Pay attention to the selection of property service personnel who have certain professional strength and can guarantee the quality of service.

2, review the specific content and specific expression is reasonable and legal, focusing on whether the property service contract clearly stipulates the obligations of the property service provider.

(1) Property service providers are obliged to provide property services in person. According to Article 94 1 of General Principles of Civil Law, a property service provider shall not entrust all the property services it should provide to a third party, nor shall it entrust all the property services it has dismantled to a third party. However, property service providers should be allowed to entrust some services to more professional institutions or personnel according to their own staffing situation.

(2) The obligation of property service providers to provide property services appropriately. According to Article 942 of the General Principles of Civil Law, the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. Property services in violation of public security, environmental protection, fire protection and other laws and regulations, property service providers should take timely and reasonable measures to stop it, report to the relevant administrative departments, and deal with it through assistance.

(3) Property service providers have the obligation to disclose and report. According to Article 943 of the General Principles of the Civil Law, the property service personnel shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, partial operation and income to the owners in a reasonable way, and report to the owners' meeting and owners' committee.

(4) The property contract shall not stipulate that when the owner fails to pay the property fee, the property service provider may stop power supply, water supply, heat supply and gas supply to urge the payment of the property fee. If the owner fails to pay the property fee within the time limit, the property service personnel can only call for it by urging, and urging is the pre-procedure for filing a lawsuit or applying for arbitration.

3, review the terms of the contract is complete.

According to Article 938 of the Civil Code, the contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term and service handover. As a typical contract stipulated in the Civil Code, the legal provisions can standardize the property service contract, which is helpful for the parties to improve the contract content and make up for the shortcomings agreed by the parties.

4. Review the formal requirements of the realty service contract.

The property service contract belongs to the collective contract, and the legal subject of concluding the contract is the construction unit or the owners' committee. The construction unit may conclude a preliminary realty service contract with the realty service provider according to law; The owners' committee shall conclude a realty service contract with the realty service provider selected by the owners' congress according to law. The prophase realty service and realty service contract are legally binding on the owners. In addition, the property service contract is a necessary contract and should be in written form. According to Article 490 of the Civil Code, the parties conclude a contract in the form of a contract, and the contract is established when the parties sign, seal or press their fingerprints. Whether the parties to the contract sign or seal.

Second, how to change the property contract

After the property management enterprise takes over the property, due to other requirements of the owner or changes in the environment, some contents may no longer be in line with reality. At this point, the property management enterprise should negotiate with the owners' committee to modify the entrusted service contract in time.

1, characteristics of property service contract change.

(1) negotiation consistency. That is, the modification of the contract must be agreed by both parties through consultation, and a new agreement must be reached on the basis of the original contract.

② Local variability. That is, the change of the entrusted service contract can only be a partial modification and supplement to the original contract.

③ Relative extinction. The change of the contract inevitably means the emergence of new content, and its performance can no longer be carried out in accordance with the original contract, but should be carried out in accordance with the changed rights and obligations.

2. The elements of the property service contract have changed. To constitute a change in the entrusted management contract, the following formal requirements must also be met.

(1) Existing contractual relationship basis. The change of the contract must be based on the existing contract, otherwise the change problem will not happen.

(2) There is a legal basis or the agreement of the parties. The alteration of the realty service contract can be produced according to law or through consultation between the parties.

(3) The change of the contract has legal form. It should conform to the law in form and substance.

(4) The immaterial clauses have changed. Non-substantive terms refer to the contract terms that will not lead to the disintegration of the original contract relationship and create a new contract relationship, that is, other terms except the subject matter of the contract.

3, the effectiveness of the change of the property service contract.

The parties to a realty service contract shall clearly stipulate the contents of the contract change. If the content of the change is not clear, it can be presumed to be unchanged according to law. Once the entrusted service contract is changed, the parties shall perform the contract according to the changed contents, and any party who violates the changed contents of the contract shall constitute a breach of contract. If the change of the contract causes damage to one party, the other party shall bear the corresponding liability for compensation.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 562 of the Civil Code of People's Republic of China (PRC).

If the parties reach an agreement through consultation, the contract may be terminated.

The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.