Job Recruitment Website - Property management company - Does the owner have the right to sue to terminate the property service contract?
Does the owner have the right to sue to terminate the property service contract?
Answer: Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that after the owners' congress has made a decision to dismiss the property 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 property service contract. Where a property service enterprise claims property fees from the owners' committee, the people's court shall inform it to claim property fees from the owners who are in arrears. Article 10 of this interpretation stipulates: "After the termination of the rights and obligations of the realty service contract, the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service premises and related facilities, as well as the relevant materials necessary for realty service and the special maintenance funds entrusted by it, and the people's court shall support it. The people's court does not support the request of a realty service enterprise to pay the realty fee after the termination of the rights and obligations of the realty service contract on the grounds that it refuses to withdraw or hand over and there is a de facto realty service relationship.
Combined with the situation of the residential area where you live, with the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number, the owners' committee may request to terminate the property service contract after making a decision to dismiss the property service enterprise. Property service companies can claim other rights from owners who are in arrears with property fees, but they cannot refuse to quit the community on this ground.
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