Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Property Service Disputes (Revised in 2020)

Article 1 If the owner violates the realty service contract or laws, regulations and management regulations, and the realty service provider requests the owner to bear corresponding civil liabilities such as stopping the infringement, removing the obstruction and restoring the original state, the people's court shall support it. Article 2 Where a realty service provider violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

If the owner requests the property service provider to refund the illegal fees it has collected, the people's court shall support it. Article 3 After the termination of the rights and obligations of the realty service contract, the people's court shall support the owner's request to the realty service provider to refund the property fees that have been received in advance but have not yet provided the realty service. Article 4 The people's court may, with reference to the provisions of the owners, handle property service disputes caused by the lessee, borrower or other users of the property violating the property service contract and laws, regulations or management regulations. Article 5 This Interpretation shall come into force on June, 2009 10.

This interpretation does not apply to cases that have been finalized before the implementation of this interpretation, and if the parties apply for retrial after the implementation of this interpretation or decide to retry in accordance with the trial supervision procedures.