Job Recruitment Website - Property management company - Have the right to hire and dismiss property service providers according to law.
Have the right to hire and dismiss property service providers according to law.
1. Does the owner have the right to dismiss the property?
If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. 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.
Second, the performance of the property service contract
The performance of a contract refers to the correct, proper and comprehensive performance of the obligations stipulated in the contract by both parties. The performance of the realty service contract not only refers to the final delivery behavior of both parties to the contract, but also includes the sum of a series of behaviors of both parties and their results. The performance of a property service contract is usually stipulated in law as full performance, that is, the parties must fully perform all the obligations stipulated in the contract in an appropriate way at an appropriate time and place according to the subject matter, quality and quantity agreed in the contract. In fact, it contains two meanings.
(1) Actual performance. Actual performance refers to the performance of the subject matter agreed in the contract. According to the definition of actual performance, if one party breaches the contract, its liability for breach of contract cannot be replaced by other property or compensation. Even if the breaching party pays liquidated damages or compensation, if one party requests to continue to perform, it shall continue to perform the contract. Non-actual performance is allowed only when actual performance becomes impossible or unnecessary.
(2) appropriate performance. Proper performance means that the type, quantity, quality, subject, time, place and method of the subject matter of the contract (property service) must be appropriate when performing the property service contract. According to the definition of proper performance, in the case of non-performance or improper performance, the party at fault should explain the situation to the other party in time to avoid or reduce the loss and compensation liability. When one of the contracting parties only performs part of the obligations under the contract, the other party has the right to refuse and claim compensation for the increased expenses due to part of the obligations of one party, except that part of the performance does not harm the interests of the parties. If one party fails to perform the contract, it may suspend the contract temporarily, but it shall notify the other party immediately. On the other hand, if the performance of the contract provides sufficient guarantee, the contract should continue to be performed.
Third, the composition of property fees.
The composition of property service cost or property service expenditure generally includes the following parts:
1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;
2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;
3, property management area cleaning costs;
4, the property management area greening maintenance costs;
5, property management regional order maintenance costs;
6. Office expenses;
7. Depreciation of fixed assets of property management enterprises;
8. Part of the property, facilities, equipment and public liability insurance fees;
9. Other expenses agreed by the owner.
The cost of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be paid by special maintenance funds and shall not be included in the expenditure or cost of property services.
According to the law, the owner has the right to terminate the property. If the owner decides to dismiss the property service provider in accordance with legal procedures, he may terminate the property service contract.
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