How to identify a property management contract as a factual property contract

The determination of the factual property contract relationship is that although there is no property service contract, the factual property contract relationship is established if the property service provider provides the owner with property services such as house maintenance and environmental protection within the property service area, and the owner recognizes and agrees to pay the remuneration.

legal ground

Article 937 of the Civil Code implemented according to 202 1 1.

A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee.

Article nine hundred and thirty-eight

The contents of the realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

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 forty-eight

After the expiration of the property service period, if the owner fails to make a decision to renew or hire the property service provider according to law, and the property service provider continues to provide property services, the original property service contract will remain valid, but the service period 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.