What should I do after the expiration of the previous property service contract?

When the former property company's contract expires, the owners' committee and owners' assembly can renew the property service contract with the property company, or they can select other property service companies to sign the property service contract according to law.

1. What should I do after the early property service contract expires?

1, the property contract is terminated.

2. If the property service contract concluded between the owners' committee or the owners and the new property service provider comes into effect, the original property service contract shall be terminated before it expires.

2. After the property contract expires, the property company refuses to move out of the community?

1. After the property management company is dismissed, it has no right to stay in the community.

2. It is not uncommon for the property company to stay in the community after the property contract expires and the property company is dismissed by the owners' committee or owners' meeting. There are many reasons for the property company to stay, either because the community owners owe a lot of property fees, or simply because they are eyeing the "fat meat" of the community property and refuse to move out, but no matter what the reason, this practice of the property company is definitely a breach of contract.

3. It is the right given by law for the owner to select a property company for property management. The property company selected according to the law and procedures is agreed by all the owners. Therefore, when the owners decide to stop accepting property services or dismiss the property company through the industry committee or owners' meeting, the property company shall not forcibly provide property services, and shall not charge the owners for property services on the grounds of factual services.

4. If there are unresolved disputes such as property fees between the property company and the community owners, they should be resolved through legal channels, rather than forcibly staying in the community, otherwise the community owners can pursue the responsibility of the property company according to law.

Third, the solution

1. If the original property company refuses to withdraw from the residential area within the property management area, the owners' committee may, on behalf of the owners of the residential area, apply to the local housing administrative department for an order to withdraw within a time limit, and the property company shall perform its administrative functions and powers and be ordered to withdraw from the residential area.

2. If losses are caused to the owner because the original property refuses to move out of the community, the owner can collect evidence, entrust a lawyer to sue the property company in court for compensation, and ask the original property company to move out of the community. If the property company refuses to move out, it can apply to the court for enforcement after winning the case. The court will force the property company to move out and hand over the relevant property premises and property information.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 939 The preliminary 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 940th Prior to the expiration of the service period stipulated in the preliminary 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 preliminary realty service contract shall be terminated.

Article 941 Where a realty service provider entrusts special services within the realty service area to a professional service institution or other third party, it shall be responsible to the owner for the special services.

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.