Can I be sued for not having a contract with the property?

First, is there no property contract to sue property management?

First of all, be prepared to sue.

1, investigation and evidence collection. First of all, one or several people should do a good job of taking photos and videos. In the process of taking photos and videos, the name or personnel of the property management company must be photographed or entered. Sometimes, in order to prove the property company's continuous breach of contract, it is necessary to take photos and videos for several days.

2. Ask the lawyer about the legal relationship. You can consult the law firm about the relevant legal relationship and get an accurate understanding.

3. Set aside a certain amount of time. Obtaining evidence and litigation takes a lot of time and is very complicated. We should be prepared psychologically and in time.

Then write a civil complaint, draw up a lawsuit request and list relevant evidence.

Article 108 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.

2. What are the main terms of the realty service contract?

Generally speaking, the main terms of a property management contract are composed of the following aspects:

1, the basic situation of the parties and the property, mainly to confirm and record the qualifications of both parties and the basic situation of the property management activities.

2. The rights and obligations of both parties are mainly the terms that the owner or user pays the property management fee and the property management company provides corresponding services. This is the most important clause in the property management contract, and the specific content varies with different types of management projects. Generally speaking, there is a difference between property management which focuses on management services and property management which pays equal attention to rental operation and entrusted management.

3. Property management service and service quality. This is generally agreed by the parties themselves, and most local laws and regulations stipulate the bottom line, but the situation stipulated in various places is uneven. It can be referenced that the International Health Organization (WHO) has formulated standards for safe, healthy, convenient and comfortable living environment for the management of all buildings, which can be summarized as: (1) fire prevention, such as strengthening the management of fire-fighting equipment and facilities; (2) Cleaning and maintenance, regularly cleaning up garbage, cleaning ditches, cleaning external walls, etc. ; (3) Maintenance of public facilities, maintenance of hydropower machinery, and regular inspection of public elevators and air-conditioning equipment; (4) Arrange flowers and trees, trim flowers and trees, and replace litter at any time. These four benchmarks should also be the standard requirements of property management.

4. Standards and collection methods of property management service fees. Property management contracts are all paid contracts, so the price and remuneration clauses are natural main clauses.

5, the use of property management services, management and cost sharing methods. This is a special clause in the property management contract, mainly to facilitate the property management unit to fulfill its management obligations.

6, maintenance fee collection and terms of use. Maintenance fees are generally independent of property management service fees, and their collection methods are mainly agreed by both parties to the contract.

7. The term of validity of the contract, the termination of the contract and related matters after the termination of the contract are mainly the transfer of real estate information. There is a difference between the termination of property management services and the termination of general contracts. Under normal circumstances, both parties to a property management contract may not terminate the contract at any time. If one party proposes to terminate the contract within the term of the contract, it must negotiate according to the specific terms of the contract, reach an agreement through negotiation or the court or arbitration institution shall confirm the validity of the termination of the contract.

8. Liability for breach of contract and dispute settlement methods. Although the property management relationship only takes effect between the owner, the user and the property management company, due to the particularity of the property management relationship, the neighborhood Committee, urban construction department and municipal departments where the property is located also enjoy certain administrative management and supervision functions, so the dispute settlement and dissolution of the property management relationship is different from other contracts.

9. Other major clauses agreed by both parties according to specific conditions. Therefore, compared with other contracts, the property management contract has its particularity in many aspects, but in theory and practice, scholars and judges have not paid corresponding attention to it. At present, there are two popular views on the nature of property management contract, that is, property management contract is a kind of entrustment contract, or property relationship is a special type of agency system in civil law, and property management contract is also a contract to establish agency relationship. These two views will be reviewed separately below.

What's the difference between litigation and arbitration?

1, with different starting premises.

To start the arbitration procedure, both parties must first reach an agreement to submit the dispute to arbitration, which can be expressed through a special arbitration agreement or an arbitration clause in the contract. The time to reach an agreement can be before, during or after the dispute. Secondly, both parties must also unanimously select a specific arbitration institution. Only arbitration institutions that meet the above conditions will accept it.

As far as litigation is concerned, as long as one party thinks that its legitimate rights and interests have been infringed, it can bring a lawsuit to the court without the consent of the other party. In this way, the conditions of litigation are much broader.

2. The scope of accepting cases is different.

Arbitration institutions generally only accept civil and commercial and economic cases (excluding disputes over marriage, adoption, guardianship, support and inheritance), and do not accept criminal and administrative cases. In the above cases, the parties may have a lawsuit.

3, the provisions of the jurisdiction are different.

There is no subordinate relationship between arbitration institutions, and arbitration does not implement hierarchical jurisdiction and regional jurisdiction. Under normal circumstances, no matter where the dispute occurs and how big the subject matter of the dispute is, the parties can arbitrarily choose an arbitration institution with high ruling level and good reputation throughout the country.

People's courts are divided into four levels. The higher court has the function of supervision and guidance to the lower court, and the litigation is subject to hierarchical jurisdiction and territorial jurisdiction. According to the specific circumstances of the dispute between the two parties, determine which level of court and which area of court has jurisdiction. A court without jurisdiction shall not accept a case at will, nor shall the parties choose it at will.

4. The right to choose a referee is different.

At the time of arbitration, if the parties agree that the arbitration tribunal shall be composed of three arbitrators, they shall respectively select or entrust the chairman of the Arbitration Commission to appoint an arbitrator, and the third arbitrator shall be selected by the parties or entrusted by the chairman of the Arbitration Commission to appoint an arbitrator. In litigation, the parties have no right to choose a judge. However, under legal circumstances, the judge can be asked to withdraw, or the summary procedure (only one judge) can be transferred to the ordinary procedure (a collegiate bench composed of three judges).

5. The openness of the hearing is different.

Arbitration is generally not conducted in public, but the parties may make it public by agreement, except those involving state secrets. The people's court shall generally hear cases in public, but it shall not do so if it involves state secrets, personal privacy or otherwise provided by law. Divorce cases and cases involving commercial secrets may be heard in private upon the application of the parties.

6. The final procedure is different.

Arbitration shall be subject to the one-award system, and the award made by the arbitration tribunal after the hearing shall be final and take effect immediately. However, labor dispute arbitration is an exception. If the parties refuse to accept the arbitration award, they can also bring a lawsuit to the court.

The lawsuit is subject to the system of two trials and final adjudication, and a case is terminated after being tried by two people's courts and has legal effect. Of course, there are also special circumstances, such as voter qualification cases, cases of declaring missing and dead, cases of determining that citizens have no civil capacity and limited civil capacity, and cases of determining that property is ownerless, which are subject to first instance and final instance.

7. Different coercive forces

Arbitration institutions have no right to take compulsory measures against the parties who interfere in arbitration activities. The people's court may take compulsory measures such as compulsory summons, admonition, order to leave the court, fine and detention against the parties who interfere with litigation activities.

When the parties refuse to perform the award made by the arbitration institution, the arbitration institution has no right to enforce it, and only one party can apply to the people's court for enforcement with the award. When the parties refuse to perform their obligations in the effective judgment made by the people's court, the people's court may decide on its own or take enforcement measures upon the application of the parties.

If no property contract is signed, but the owner does pay the property fee, if the property company does not provide property services, then the owner can sue the property management to the people's court after collecting the evidence.

Legal objectivity:

Article 97 of the Civil Procedure Law: If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement has legal effect after being signed by both parties. Article 64 of the Property Management Regulations violates the property service contract, and the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.