Can the property be sued if it has not signed a contract with the owner?

You can also sue for handling property disputes without signing a property service contract. The conditions for handling property disputes by prosecution are: the plaintiff has a direct interest in the property dispute, a clear defendant, a specific appeal, and the facts and reasons of the property dispute. No contract has been signed, but the property management company has fulfilled its due obligations, which is regarded as the establishment of the property service contract.

1. Can a property dispute without a contract be prosecuted?

You can also sue for handling property disputes without signing a contract.

People's Republic of China (PRC) Civil Procedure Law

Article 1 19 conditions for prosecution

Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

2. What are the regulations on property services?

People's Republic of China (PRC) Civil Code

Article nine hundred and thirty-eight

Contents and Forms of Property Service Contract The contents of a property service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term and service handover.

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 nine hundred and thirty-nine

Validity of the realty service contract The prophase 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 940

Conditions for termination of prophase realty service contract according to law Before the expiration of the service period stipulated in the prophase 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 prophase realty service contract shall be terminated.

Article 94 1

Conditions and restrictive clauses for entrusting property services Where a property service provider entrusts a specific service within the property service area to a professional service organization or other third party, it shall be responsible to the owner for the specific service.

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

General obligation of property service providers Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green 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 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

Obligation of information disclosure of property service providers Property service providers shall regularly disclose service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and the operation and income of some owners in a reasonable way, and report to the owners' meeting and owners' committee.

Article 944

Obligation of the owner to pay the property fee; 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 the owner informs or assists the obligatory owner to decorate the house, he shall notify the property service provider in advance, observe the reasonable precautions prompted by the property service provider, and cooperate with him to conduct necessary on-site inspections.

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

The owner's right to terminate the contract at will. 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.

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 nine hundred and forty-eight

Irregular realty service contract After the expiration of the realty service term, if the owner fails to make a decision to renew or hire other realty service providers according to law, and the realty service providers continue to provide realty services, the original realty service contract will 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 nine hundred and forty-nine

Handover obligations and legal liabilities of the realty service provider If the realty service contract is terminated, 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 relevant information necessary for the realty service premises, related facilities and 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 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 nine hundred and fifty

After the termination of the post-contract obligations of the property service provider, the original property service provider shall continue to handle the property service matters before the new property service provider selected by the owner or the owners' meeting or the owner who decides to manage it by himself takes over, and may ask the owner to pay the property fee for this period.

To sum up, after a property service dispute occurs, the people's court will not refuse to accept the claims of the parties because there is no written property service contract. However, in order to protect the legitimate rights and interests of property companies and all owners, it is wise to sign a written property contract.