How long does it take to announce the withdrawal from the property?

Leave the community to inform the property three months in advance. This has nothing to do with the expiration of the contract. As long as the owners' meeting is established, the owners' meeting has the right to decide whether the property company will stay or not, regardless of whether the previous property service contract expires. If the property company is told to leave by the owner's self-management and chooses a new property through bidding, the previous property service contract will be terminated after the property service contract signed by the industry Committee and the new property takes effect, regardless of whether there is a deadline.

Matters needing attention in the withdrawal of property companies

1. What should I do if both parties do not express their intention to renew or terminate the contract when the service period of the property expires?

Upon the expiration of the realty service contract, the industry committee (or the construction unit) has not yet decided whether to renew or dismiss the original realty company, nor has it hired a new realty. If the original realty company continues to provide realty management services, it shall be regarded as the automatic extension of the realty service contract, and the rights and obligations of the original contract shall be binding on both parties. During the automatic extension of the contract, either party shall notify the other party in writing three months in advance if it proposes to terminate the contract.

2. What handover procedures do the property company need to go through when withdrawing from the property service project?

1, transfer of fixed assets. The property management company shall hand over the property owned by all owners, such as the property management room, the public part of the property, the property office equipment purchased by the previous property management fee, etc., to the industry committee or the new property management company.

2, the transfer of property management related information. It mainly includes property inspection files and management data formed during property management. Details are as follows:

(1) Completion acceptance data: completion general plan, single building, structure and equipment completion drawings, supporting facilities, underground pipe network project completion drawings, etc.

(2) Technical data: installation, use and maintenance of facilities and equipment;

(3) Property quality warranty documents and property use instruction documents;

(four) the use, maintenance, regular inspection, operation, maintenance and maintenance records of the property and facilities formed in the process of property services;

(five) other materials required for property management.

3. Settle the related expenses of advance payment, collection, advance payment and agency payment. The property company shall refund the prepaid property service fees, special maintenance funds and other related expenses and their balances to the owners or hand them over to the new property company.

What needs special attention is that the property management company should formulate corresponding handover lists for different handover projects, and list the specific handover projects item by item in the list, such as fixed assets handover list, property management data handover list, property fee accounts received in advance, public revenue and expenditure, decoration deposit and other financial accounts. In reality, some property companies often think that the handover of property projects is completed with the handover confirmation form. However, even with the signature of the relevant personnel, it can only prove the overall handover of the property, but it cannot prove that it has fulfilled the handover obligation as agreed, and it still faces the risk of being sued.

Three, after the withdrawal of the property company, how to claim the arrears of property fees?

According to the relevant provisions of Article 9 of the Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, after the termination of the rights and obligations of the property service contract, if the property company still owes property fees, it should claim the property fees from the owners who are in arrears, rather than asking the industry committee to pay them.

Four, after the termination of the property service contract, the property company refused to leave or hand over, can you ask to pay the property fee on the grounds that there is a factual property service relationship?

According to the relevant provisions of Article 10 of the Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, after the termination of the rights and obligations of the property service contract, the owners' committee has explicitly requested the property company to withdraw from and hand over the property service project. If the property company refuses to withdraw from and hand over the property service project, and requests the owner to pay the property fee after the termination of the rights and obligations of the property service contract, the people's court will not support it.

legal ground

People's Republic of China (PRC) Civil Code

Article 157 After a civil juristic act is invalid, revoked or deemed invalid, the property acquired by the actor as a result of the act shall be returned. If it is possible or unnecessary to return the goods, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear corresponding responsibilities. Where there are other provisions in the law, those provisions shall prevail.

Article 946 If the owner decides to dismiss the realty service provider according to legal procedures, he may terminate the realty service contract. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.