What should be stipulated in the property service contract?

Including the basic information of both parties and entrusted property management, property management service matters and service quality requirements, the standard and collection method of property management service fees, the contract term, the agreement on dissolution and termination of the contract, the transfer method of property management service fees, balance maintenance fees, property management houses, property information, etc. When the contract is terminated, the liability for breach of contract and the way to resolve disputes, as well as other matters agreed by both parties.

Legal analysis

The realty service contract shall be agreed in accordance with relevant laws and regulations, otherwise the contract shall be invalid. The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress. The contents of the contract include: first, property management matters, mainly including the maintenance and management of the parts used by the property, the maintenance and operation of the equipment and facilities used by the property, environmental sanitation, green space greening management services, public order, fire fighting, transportation and other services within the property management area, and special maintenance funds. The second is service quality, that is, the specific requirements for property service enterprises to provide service quality; Three, there are two main ways to calculate the service cost: one is based on how many yuan per square meter, and the other is based on how many yuan per household; Fourth, the rights and obligations of both parties; The fifth is the management and use of special maintenance funds; Sixth, housing for property management; Seventh, the term and terms of the contract should be as clear and specific as possible, or the method of calculating the term should be clearly specified; Eighth, the liability for breach of contract, that is, the legal liability that one or both parties to a property service contract should bear in accordance with the provisions of the law or in accordance with the agreement of the parties if they fail to perform the contract or perform the contract improperly. In addition, the property service contract should generally include the basic information of both parties, the scope of the property management area, the agreement on the termination and dissolution of the contract, the method of resolving contract disputes and other matters agreed by the parties.

legal ground

Article 938 of the Civil Code of People's Republic of China (PRC) generally includes 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.