Can the owner terminate the property service contract?

The owner may terminate the realty service contract, and the owner also has the right to terminate the realty service 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.

How to audit the property service contract

1. Review the subject qualification of property service providers. Pay attention to the selection of property service personnel who have certain professional strength and can guarantee the quality of service.

2, review the specific content and specific expression is reasonable and legal, focusing on whether the property service contract clearly stipulates the obligations of the property service provider.

(1) Property service providers are obliged to provide property services in person. According to Article 94 1 of General Principles of Civil Law, a property service provider shall not entrust all the property services it should provide to a third party, nor shall it entrust all the property services it has dismantled to a third party. However, property service providers should be allowed to entrust some services to more professional institutions or personnel according to their own staffing situation.

(2) The obligation of property service providers to provide property services appropriately. According to Article 942 of the General Principles of Civil Law, the property 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 property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. Property services in violation of public security, environmental protection, fire protection and other laws and regulations, property service providers should take timely and reasonable measures to stop it, report to the relevant administrative departments, and deal with it through assistance.

(3) Property service providers have the obligation to disclose and report. According to Article 943 of the General Principles of the Civil Law, the property service personnel shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, partial operation and income to the owners in a reasonable way, and report to the owners' meeting and owners' committee.

(4) The property contract shall not stipulate that when the owner fails to pay the property fee, the property service provider may stop power supply, water supply, heat supply and gas supply to urge the payment of the property fee. If the owner fails to pay the property fee within the time limit, the property service personnel can only call for it by urging, and urging is the pre-procedure for filing a lawsuit or applying for arbitration.

3, review the terms of the contract is complete.