What if the previous property service contract has no deadline?

China's laws and regulations have no specific restrictions on the term of the preliminary property service contract. The parties may stipulate the term in the prophase realty service contract, but the prophase realty service contract shall be terminated when the term comes into effect. So what if the previous property service contract has no deadline? I will answer this question for you in detail below, hoping to help you.

1. What should I do if there is no deadline for the previous property service contract?

According to the "Property Management Regulations", there is no contract term for the prophase property service contract, that is to say, the prophase property service contract can be limited or indefinite. It is only stipulated that after the establishment of the owners' congress, the owners' congress decides to sign a property service contract with a property company or other property companies, or the industry committee, the executive body of the owners' congress, notifies the property company to leave for autonomous management, and the previous property service contract is invalid.

If there is no agreed time limit, both parties can terminate the negotiation at any time.

Second, how to terminate the previous property service contract?

The negotiation between the two parties can be terminated according to regulations.

1, the State Council's "Property Management Regulations" stipulates that the owners decide to hire and dismiss the property service enterprises through the owners' meeting; The owners' committee implements the decisions made by the owners' congress, and signs property service contracts with the property service enterprises selected by the owners' congress on behalf of the owners.

2. Before the owners' meeting and the owners' meeting select the realty service enterprise, the construction unit 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.

China's laws have no specific requirements on whether the contract term should be determined when concluding the preliminary property management service contract, that is, the term can be agreed or not. But it doesn't just mean that as long as the term is agreed, the preliminary property contract should not be terminated until the contract expires. Pre-property service enterprises are selected by developers for the needs of pre-property management, and do not represent the wishes of all owners. If the owners are not satisfied with the previous property services, they can't choose new property services before the contract expires, which obviously deprives the owners of their autonomy and harms their interests.

Therefore, Article 26 of the Property Management Regulations stipulates that if the property service contract signed by the owners' committee and the selected property service enterprise takes effect before the expiration of the term, the previous property service contract will be terminated.

Three, how to determine the property contract after the expiration of the service?

1. According to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, when 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 quit, but the property company continues to provide property services, it can be considered that a de facto property service contract relationship has formed between the two parties.

2. There are objective facts in the actual performance of the real estate service contract. The actual performance of a contract means that one or both parties to the contract have fulfilled the main obligations of the contract with their own actual behavior, and the other party has accepted it.

3. In fact, after the property service contract is established, the property management fee should still be paid according to the original agreed standard.

After the expiration of the service period stipulated in the property management service contract, if the property management service contract is not re-signed, but the owner still accepts the management and service of the property company, the two parties shall establish a de facto property contract relationship. On the basis of the establishment of the property service contract, considering that the quality of the property management service provided by the property service company has not changed, it is appropriate for the owner to continue to pay the property management service fee according to the standard agreed in the original property management service contract in accordance with the principle that the fee is commensurate with the service level stipulated in Article 41 of the Property Management Regulations.

The parties may agree on the term of the prophase realty service contract. If there is no agreed time limit, both parties may terminate the negotiation at any time. The above is the answer to the relevant legal knowledge such as "What should I do if there is no deadline for the early property service contract".