What if the service contract is terminated and the property service enterprise refuses to quit?

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The latest interpretation of property service disputes.

In practice, after the termination of the rights and obligations of the property service contract, disputes caused by the refusal of the property service enterprise to withdraw occur from time to time. The termination of the rights and obligations of the realty service contract mainly includes the termination, dissolution, expiration and non-renewal of the contract.

The newly issued Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes (hereinafter referred to as judicial interpretation) clearly stipulates this issue. After the termination of the rights and obligations of the realty service contract, the realty service enterprise shall withdraw from the realty service area and hand over the realty service premises and related facilities, as well as the relevant materials necessary for the realty service and the special maintenance funds entrusted by it. If the realty service enterprise refuses to quit and requests the owner to pay the property fee after the termination of the rights and obligations of the realty service contract on the grounds of the existence of the factual realty service relationship, the court will not support it.

The owners' committee can't directly become the main body of the lawsuit filed by the property service company because the owners are in arrears with the property fees. The owner fails to pay the property fee before the termination of the service contract. Property service enterprises cannot directly sue the owners' committee, because the owners' committee is a party to the property service contract, but it is neither a default property nor a responsible property. If there is indeed arrears of property fees, the property service enterprise may bring a lawsuit against the owners who are in arrears of property fees.