Does the property have the right to stop service?

Can be suspended (not terminated), including the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Building Ownership Disputes (Fa Shi [2009] No.7, adopted at the1464th meeting of the the Supreme People's Court Judicial Committee on March 23, 2009).

The Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes

(Adopted by the Supreme People's Court Judicial Committee at its1466th meeting on April 20, 2009, Interpretation [2009] No.8)

People's Republic of China (PRC) the Supreme People's Court Proclamation

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes was adopted by the the Supreme People's Court Judicial Committee at its 1 466th meeting on April 20, 2009, and is hereby promulgated, and shall come into force as of June 65438+1October12009.

May 2009 15

In order to correctly hear cases of property service disputes and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other legal provisions, combined with civil trial practice.

Article 1 The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Article 2 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

Article 4 The people's court shall support the owners who violate the realty service contract or laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction.

Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

Article 6 If an owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

Article 7 If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

Article 8 If the owners' committee requests to terminate the realty service contract after the owners' general meeting has made a decision to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, the people's court shall support it.

Where a property service enterprise claims property fees from the owners' committee, the people's court shall inform it to claim rights from the owners who are in arrears with property fees.

Ninth after the termination of the rights and obligations of the realty service contract, the owners request the realty service enterprise to refund the property fees that have been received in advance but have not yet provided the realty service, and the people's court shall support it.

Where a realty service enterprise requires the owner to pay the property fee in arrears, it shall be handled in accordance with the provisions of Article 6 of this Interpretation.

Article 10 After the termination of the rights and obligations of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service premises and related facilities, as well as the relevant materials required for realty service and the special maintenance funds entrusted by it, the people's court shall support it.

After the termination of the rights and obligations of the property service contract, if the property service enterprise refuses to withdraw or hand over and requests the owner to pay the property fee on the grounds that there is a de facto property service relationship, the people's court will not support it.

Article 11 The provisions on realty service enterprises in this Interpretation shall apply to other managers as stipulated in Articles 76, 81 and 82 of the Property Law.

Article 12 The people's court shall, with reference to the provisions of this Interpretation on the owners, handle disputes over property services caused by the lessee, borrower or other users of the property violating the property service contract and laws, regulations or management regulations.

Article 13 This Interpretation shall come into force on June, 2009 10.

This interpretation does not apply to cases that have been finalized before the implementation of this interpretation, and if the parties apply for retrial after the implementation of this interpretation or decide to retry in accordance with the trial supervision procedures.