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Can the owner change the property management company before the contract expires?
For the prophase realty service, according to the property management regulations, "the prophase realty service contract may stipulate the time limit; Before the expiration of the term, if the property service contract signed by the owners' committee and the property service enterprise comes into effect, the previous property service contract will be terminated. Therefore, in this case, the owners can choose a new property company without waiting for the expiration of the contract.
For non-prophase realty service, according to Article 8 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, after the owners' congress decides to dismiss the realty service enterprise in accordance with the procedures stipulated in the Property Law, the people's court shall support the owners' committee's request to terminate the realty service contract. Therefore, before the contract expires, the owner can terminate the property management company in accordance with legal procedures. But when it comes to the termination of the contract, it depends on whether the property company is liable for breach of contract. If there is no liability for breach of contract, the owner still needs to bear the liability for breach of contract unilaterally. Specific compensation issues can be settled by both parties through consultation. If there is a corresponding agreement in the contract, it shall be handled according to the contract. At the same time, in this case, we should also ensure the necessary handover time of the other party, not only to avoid the unattended vacuum in the community, but also to prepare the necessary time for the handover between property companies.
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