How to claim for dereliction of duty in property management

Legal analysis: Property management companies have serious breach of contract. The owners can terminate the contract through the owners' meeting or the owners' committee, hire another property management enterprise to manage, and investigate the relevant responsibilities of the property management enterprise. Opinions and suggestions on property management services are reflected to the owners' committee, which will negotiate with property management companies to improve property services and strictly perform property service contracts. If the property management company refuses to improve the service or still fails to perform the relevant obligations, the owners' committee will correct and improve the individual problems by itself or by entrusting others after fulfilling the obligation of informing, and the reasonable expenses and losses arising therefrom will be borne by the property management company, and the owners' committee will recover.

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

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.

Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the realty service area, maintain the basic order of the realty service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.