Can the owner sue to terminate the property contract?

1. Can the owner sue to terminate the property service contract?

After the owners' congress decides to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, the people's court shall support the owners' committee's request to terminate the realty service contract. "How to understand this provision, whether only the owners' committee can exercise the right to terminate the property service contract? The author believes that this provision can not be narrowly understood as the owner can not sue in his own name, and the owner has the right to exercise the right to terminate the property service contract, but it should also be restricted by certain conditions. Reason: 1. The nature of the owners' committee is the executive body of the owners' congress, which is elected by the owners' congress and is responsible to the owners' congress. Its duty is to perform the matters decided by the owners' congress. It is illogical if the owners' committee enjoys certain rights, but the owners of the right source do not. 2. the State Council's "Property Management Regulations" stipulates that there is only one owner, or the number of owners is small. If all the owners agree, the owners' committee may not be established. If the owner is not given the right to terminate the property service contract, obviously, in this case, the legitimate rights and interests of the owner cannot be protected. 3. Considering that the owners' committee may delay litigation, moral hazard, misjudgment, lack of ability and other situations that may damage the rights and interests of the owners, giving the owners the right to appeal is more conducive to protecting the legitimate rights and interests of the owners.

2. Is the renewed contract valid during the property service contract period?

The renewed property service contract is valid. The basic content of property management can be divided into three categories according to the nature and mode of service: conventional public service, targeted professional service and entrusted special service. Conventional public service is the most basic management and service provided by property management enterprises for all houses, aiming at ensuring the integrity and normal use of the property, ensuring the normal working and living order and beautifying the environment. It is a service that all owners in the property can enjoy every day. Its contents and requirements are clearly stipulated in the property management entrustment contract, and property management enterprises are obliged to provide these services on time and with good quality.

3. Who signed the property service contract with?

The prophase realty service contract (the realty contract signed when the realty service enterprise intervened in the prophase before the realty is delivered to the owner) is signed by the developer and the realty company. During the regular property management service, after the establishment of the owners' committee elected by the owners' congress, the owners' congress shall authorize the owners' committee to sign a property service contract with the property company. Therefore, the property contract signed by the industry Committee is signed on behalf of all owners, and it is legal only if it is authorized by the owners' meeting. The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Generally speaking, the duration of the realty service contract should be determined according to the practical experience and specific actual situation in various places, but the starting and ending time of the contract must be clear. Of course, this starting and ending time must be specific. In practice, it is often stipulated that it will stop at 24 o'clock on a certain day.