How does the owner terminate the property agreement

First, how does the owner terminate the property contract

According to Article 946 of the General Principles of the Civil Law, if the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. For the losses that may be caused by the owner's exercise of the unilateral rescission right, the property service provider may claim separately according to the provisions of the second paragraph of this article, but it shall not be used as an excuse to prevent the owner from exercising the unilateral rescission right.

The owner must perform legal procedures when exercising the right of unilateral rescission. According to the provisions of Article 278 of the Civil Code, the owners * * * vote on the matters decided by the owners, and the exclusive part accounts for more than two-thirds of the owners, and more than half of the owners of the exclusive part vote and more than half of the owners vote for it. Making a decision according to legal procedures is the pre-procedure for the owner to dismiss the property service provider, which directly determines whether it is legal for the owner to terminate the property service contract. Decisions made without legal procedures will not produce the intention of all owners to terminate the property service contract.

The owner shall notify the realty service person in writing 60 days in advance. According to Article 565 of the Civil Code, it is effective for the parties to terminate the contract by notice, and the other party may take relief measures through litigation or arbitration. The persistence and complexity of property services objectively require owners to inform property companies in advance for a long time. The function of advance notice is to give the property service personnel the necessary preparation time, arrange the handover work after the contract is terminated, and also provide the benchmark date for determining the contract termination time. Of course, in order to fully respect the autonomy of the parties and the freedom of contract, the Civil Code also stipulates that the notice period is not limited by 60 days unless otherwise agreed in the contract.

Second, is it legal for the property to build a canteen in the community?

This situation is illegal and illegal.

Article 36 of the Property Management Regulations stipulates that property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Third, the characteristics of the property service contract

(1) The realty service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

(2) Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract.

(three) the property service contract is a contract with labor as the subject matter. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations.

(4) Property service contracts are commitment contracts, paid contracts, bilateral contracts and important contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element.