Laws and regulations on property extraction

(Handover Obligation and Legal Liability of Property Service Provider) If the property service contract is terminated, the original property service provider shall withdraw from the property service area within the agreed time limit or within a reasonable time limit, return the relevant information necessary for the property service premises, related facilities and property services to the owners' committee, the owners who decide to manage themselves or their designated persons, cooperate with the new property service provider to do a good job in handover, and truthfully inform the use and management of the property.

2. After the property contract expires, the property company refuses to move out of the community?

After the property company is dismissed, it has no right to stay in the community.

After the property contract expires and the property company is dismissed by the owners' committee or owners' meeting, it is not uncommon for the property company to stay in the community. There are many reasons for the property company to stay, either because the community owners owe a lot of property fees, or simply because they are eyeing the "fat meat" of the community property and refuse to move out, but no matter what the reason, this practice of the property company is definitely a breach of contract.

It is the right given by law for the owner to hire a property company for property management. The property company selected according to the law and procedures is agreed by all the owners. Therefore, when the owners decide to stop accepting property services or dismiss the property company through the industry committee or owners' meeting, the property company shall not forcibly provide property services, and shall not charge the owners for property services on the grounds of factual services.

If there are unresolved disputes between the property company and the owners of the community, they should be resolved through legal channels, rather than staying in the community by force, otherwise the owners of the community can pursue the responsibility of the property company according to law.

After the property company is dismissed, it has no right to levy property fees.

It is a serious breach of contract for a property company to stay in the community after being dismissed by the community industry Committee or the owner's fire resolution, and the property company should not profit from its breach of contract and violation. Therefore, the relevant laws stipulate that if a property company asks to leave after being dismissed by the community, it may not ask the community owners to pay property fees on the grounds of providing factual services. In fact, even if the property company is forced to pay the property fee, the community owners can not pay it.

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

Article 949 Upon the termination of the realty service contract, the original realty service provider shall withdraw from the realty service area within the agreed time limit or within a reasonable time limit, return the realty service premises, relevant facilities and relevant materials required for realty service to the owners' committee, the owners who decide to manage themselves or their designated persons, cooperate with the new realty service provider in the handover work, and truthfully inform the use and management of the property.