Do you still have the right to collect property fees when the previous property contract expires?

Residential areas in the city will be managed by property companies. The cooperation between residential quarters and property companies is once a year, and the contract may be signed once a few years or once a year. Some communities feel that a property company is irregular and the service is not good, so the property contract has not been renewed when it expires. Then, after the property contract expires, can the property company still charge property fees after being dismissed? Although the contract has not been renewed, the property management company still provides services according to the contents of the previous contract and can still charge property fees. Article 5 of the Contract Law stipulates: "The parties shall follow the principle of fairness and determine the rights and obligations of each party." After the expiration of the property service contract, if the property company continues to manage the property without renewing the contract with the owners' committee, it shall be handled in accordance with the provisions of Article 5 of the Contract Law and the principle of fairness. The so-called fairness principle means that in the process of concluding and performing a contract, the interests of the parties to the contract should be adjusted with the concept of fairness, so that the interests of both parties to the contract can be balanced, so as to achieve a fair and reasonable goal. Although the residential property service contract has not been renewed, the property company still manages and provides services to the owners. If the owner does not pay the property service fee on the grounds that the contract has not been renewed, it means that the property company has provided the service but has not received the corresponding remuneration, and the final result is the imbalance of rights and obligations of both parties to the contract, which violates the principle of fairness stipulated in the contract law. In this case, it should be considered that the original property service contract is still valid and the term of the contract is uncertain. Both the property company and the owners' committee have the right to terminate the property service contract at any time, so the corresponding property service fee should be paid according to the standard of the original contract. Property management has always been a problem in many communities. Due to the immature development of domestic property, low professionalism and irregular management, there are indeed many problems, including the residential area where I live now. In response to your question, China's laws are regulated by laws, regulations and normative documents such as Property Law, General Principles of Civil Law, Contract Law and Property Management Regulations: the contract has expired, but the property company still manages it. According to Article 92 of the General Principles of the Civil Law, "if there is no statutory or agreed obligation to manage or provide services to avoid the loss of others' interests, they have the right to ask the beneficiaries to pay the necessary expenses. "Therefore, it is recognized that there are laws to follow in negotiorum gestio, and there are also relevant precedents; You can not pay the property fee now. Finally, if a lawsuit is filed, under normal circumstances, the court will support the property company and pay the property fee according to its management, but there should be no late payment fee; After the expiration of the contract, the recovery of the property fee you paid needs to be confirmed before it can be recovered, but it is unlikely; It may be best for you to defend your rights through the owners' Committee. If the property contract has expired, the industry committee of your community needs to renew or re-employ the property service enterprise. All new property enterprises need the consent of the owners, and the owners have the right to vote. If you are not satisfied with the Commercial Committee, you can also change people through elections. The legal basis is Article 76 of the Property Law. If you or your friend's relatives encounter the problem of charging fees from property management companies and want to know the relevant legal knowledge, you can consult an online lawyer.

Legal objectivity:

"Property management regulations" Article 38 When the property service contract is terminated, the property service enterprise shall return the property management space and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee. When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover. Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.