When the property service contract expires, can the original property service enterprise refuse to leave?

The property contract is automatically terminated when it expires. Before the expiration of the service period stipulated in the preliminary property contract, the property contract signed by the owners' committee and the new property service personnel has been established and taken effect, and the preliminary property contract is terminated. Before the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider takes effect, the preliminary realty service contract shall be terminated. After the expiration of the property service period, the owner fails to make a decision to renew or hire other property service providers according to law.

1. What if the property service contract expires?

1. If the property contract is not renewed, but the property management company is still providing services, the original contract will remain valid.

2. In daily life, it is not uncommon that the property contract is not renewed in time when it expires. Many property companies will continue to provide property services and charge corresponding property fees before the owners explicitly propose to terminate the property contract.

3. In this case, if the property service contract expires, the owners' meeting or the owners' committee has not clearly indicated whether to continue to sign the contract with the original property company, nor explicitly requested the original property company to withdraw, and the property company continues to provide property services, it can be considered that the two sides have formed a de facto property service contract relationship.

2. What should I do if the previous property service contract expires?

1. If the previous property service contract expires, it can be handled through consultation between both parties.

2. Before the owners and the owners' congress hire the realty service enterprise, if the construction unit hires the realty service enterprise, it shall sign a written preliminary realty service contract. Select and employ property service enterprises with corresponding qualifications through bidding.

3. The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

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

Article 940th Prior to the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the preliminary realty service contract shall be terminated.

Article 948 After the expiration of the term of realty service, if the owner fails to make a decision to renew or select the realty service provider according to law, and the realty service provider continues to provide realty service, the original realty service contract shall remain valid, but the service term is uncertain.

Both parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.