Job Recruitment Website - Property management company - Under what circumstances can the community be unsealed?
Under what circumstances can the community be unsealed?
In life, it is not uncommon for a property contract not to be renewed when it expires. Many property companies will continue to provide property services and charge property fees.
In this case, when the property service contract expires, the owners' meeting or the owners' committee has not clearly indicated whether to continue to sign the contract with the original property company, nor has it explicitly requested the original property company to quit, but the property company continues to provide property services, it can be considered that a de facto property service contract relationship has been formed between the two parties.
The parties to a contract shall follow the principle of fairness and determine the rights and obligations of each party. Upon the expiration of the realty service contract, if the realty company continues to manage the realty without renewing the contract with the owners' committee, it shall be deemed that the original realty service contract is still valid, and both parties shall pay the corresponding realty service fee according to the standard of the original contract, but the contract term is indefinite, and both the realty company and the owners' committee have the right to terminate the realty service contract at any time.
Legal basis: Article 946th of the Civil Code of People's Republic of China (PRC). 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.
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