Provisions of Civil Code on Property Service Contract

People's Republic of China (PRC) Civil Code

Contracts in Part III of the Civil Code

Chapter XXIV Property Service Contract

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

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.

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 940th Prior to the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the preliminary realty service contract shall be terminated.

Article 941 Where a realty service provider entrusts special services within the realty service area to a professional service institution or other third party, it shall be responsible to the owner for the special services.

The property service provider shall not entrust all the property services it should provide to a third person, or entrust all the property services to a third person after the demolition.

Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the realty service area, maintain the basic order of the realty service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

Article 943 A realty service provider shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, and part of the operation and income in a reasonable way, and report to the owners' meeting and the owners' committee.

Article 944 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.

Article 945 Where an owner decorates a house, he shall inform the property service provider in advance, obey the reasonable prompt of the property service provider, and cooperate with him to conduct necessary on-site inspection.

If the owner transfers, rents out the exclusive part of the property, establishes the right of residence or changes the use of part of the property, it shall promptly inform the property service provider of the relevant information.

Article 946 If the owner decides to dismiss the realty service provider according to legal procedures, he may terminate the realty service contract. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.

If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Article 947 If the owner decides to renew the employment according to law before the expiration of the realty service term, it shall renew the realty service contract with the original realty service provider before the expiration of the contract term.

If the realty service provider does not agree to renew the employment before the expiration of the realty service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless the notice period is otherwise stipulated in the contract.

Article 948 After the expiration of the term of realty service, if the owner fails to make a decision to renew or select the realty service provider according to law, and the realty service provider continues to provide realty service, the original realty service contract shall remain valid, but the service term is uncertain.

Both parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.

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 status of the property.

If the original property service provider violates the provisions of the preceding paragraph, the owner shall not be required to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.

Article 950 After the termination of the realty service contract, the original realty service provider shall continue to handle the realty service matters before the new realty service provider selected by the owner or the owners' congress or the owner who decides to manage it by himself takes over, and may require the owner to pay the realty fee for this period.