What should I do after the early property contract expires?

1. What should I do if the previous property contract expires?

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.

Article 15 of the Property Management Regulations stipulates that the owners' committee shall carry out the matters decided by the owners' meeting and perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

Twenty-sixth, the prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 1 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.

Article 10 After the termination of the rights and obligations of the realty service contract, if 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 required for realty service and the special maintenance funds entrusted by it, the people's court shall support it.

After the termination of the rights and obligations of the property service contract, if the property service enterprise refuses to withdraw or hand over and requests the owner to pay the property fee on the grounds that there is a de facto property service relationship, the people's court will not support it.

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

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

After the property contract expires and the property company is dismissed by the owners' committee or owners' meeting, it is not uncommon for the property company to stay in the community. 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.

It is the right given by law for the owner to hire 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.

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

After the property company is dismissed, it has no right to levy property fees.

It is a serious breach of contract for a property company to stay in the community after being dismissed by the community industry Committee or the owner's fire resolution, and the property company should not profit from its breach of contract and violation. Therefore, the relevant laws stipulate that if a property company asks to leave after being dismissed by the community, it may not ask the community owners to pay property fees on the grounds of providing factual services. In fact, even if the property company is forced to pay the property fee, the community owners can not pay it.

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.

From the above, it can be seen that after the expiration of the previous property contract, the property contract was terminated. The owners' committee may sign property service contracts with other property companies or re-sign property service contracts with existing property companies.

Legal objectivity:

Article 15 of the Property Management Regulations stipulates that the owners' committee shall carry out the matters decided by the owners' meeting and perform the following duties: (1) Convene the owners' meeting and report on the implementation of property management; (two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts; (three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract; (four) the implementation of the supervision and management system; (five) other duties entrusted by the owners' congress. Twenty-sixth, the prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.