Provisions on Property Services in the Civil Code

Although there is no property service contract directly signed with the property management company, the owner has to pay the property fee after moving in. According to Article 939 of the Civil Law, the preliminary realty service contract concluded by the construction unit and the realty service provider according to law is legally binding on the owner.

Property protects the owner's personal safety and property safety. Article 942 of the Civil Code stipulates that the property service provider shall maintain the basic order of the property service area and take reasonable measures to protect the personal and property safety of the owners. Although the current residential management is strict and outsiders are not allowed to enter and leave at will, it is inevitable that there will be theft, which is mostly attributed to the inaction of the property. As long as we strengthen vigilance, patrol and monitoring, we can effectively avoid such problems and better protect the property and personal safety of the owners.

What does the property service contract include?

Article 938 of the Civil Code of People's Republic of China (PRC) stipulates that the contents of property service contracts generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term and service handover.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

From the information of who will bear the losses caused by the termination of the property service contract, it can be seen that if the termination of the property service contract causes losses to the parties, the party at fault will bear the compensation for the losses.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: According to Article 282 of the Civil Law of People's Republic of China (PRC), the profits generated by the use of the owner by the construction unit, the property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses.

According to Article 944 of the General Principles of Civil Law of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.