What should I do if the property is evacuated in the middle of the process? Can the property company

If the property is evacuated in the middle of the process, we can seek a new property company to take over all his business, which he should hand over to you before he withdraws, and if it is not handed over, then they should be responsible for any damage incurred during the period.

In the case of the evacuation of the property, in this case, the owners' committee of the community needs to actively organize the owners to manage themselves, and then go through the bidding process to hire a new property company to move into the community.

If the property is evacuated in the middle of the process, the owners' committee can temporarily take over the property, and find a new property management company to settle in and take over the management in a timely manner, and the property management company that has withdrawn can be required to refund part of the property fees paid by the owner.

According to Article 29 of the Property Management Regulations, when handling the property acceptance procedures, the construction unit shall hand over the following information to the property service enterprise:

A) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network engineering completion drawings and other completion acceptance data;

2) Technical data on the installation, use and maintenance of facilities and equipment;

3) Property quality warranty documents and property use description documents;

4) Other information necessary for property management.

The property management service enterprise shall hand over the above information to the owners' committee when the property management service contract is terminated.

Property management companies are not allowed to withdraw at will.

According to the fourth paragraph of Article 278 of the Civil Code, the change of property management company only needs to be decided jointly by the owners, and is no longer a resolution of the owners' general meeting. Article 284 stipulates that the owner may manage the building and ancillary facilities on his own, or may entrust the management of the property management company to the service enterprise or other managers. The owner has the right to replace the property service enterprise or other manager hired by the construction unit in accordance with the law.

Article 940 stipulates that if the property management service contract entered into by the owners' committee or the owner and the new property service provider takes effect before the expiration of the service period agreed in the pre-property service contract concluded between the construction unit and the property service provider in accordance with the law, the pre-property service contract shall be terminated. Article 949 stipulates that if the property management service contract is terminated, the original property management service provider shall withdraw from the property management service area within the agreed period or a reasonable period.

Legal basis. Article 947 of the Civil Code of the People's Republic of China [Renewal of Property Management Service Contract] Before the expiration of the property management service period, if the owner jointly decides to renew the employment in accordance with law, the property management service contract shall be renewed with the original property management service provider before the expiration of the contract period. If the property management service provider does not agree to renew the employment before the expiration of the property management service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless otherwise agreed in the contract on the notice period.

Article 948 of the Civil Code of the People's Republic of China [Indefinite Property Service Contract] After the expiration of the property service period, if the owner does not make a decision to renew or hire another property service provider in accordance with the law, and the property service provider continues to provide property management services, the original property management service contract shall continue to be valid, but the service period shall be indefinite. The parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.

[Legal Analysis].Litigation can be taken to recover strata fees.

Legal basis. "Property Management Regulations" Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

Legal analysis: No, the property company is a service-oriented company, and its main responsibility is to create a comfortable, convenient, safe and elegant working and living environment for owners and tenants through the management of the property and the provision of a variety of services.

Legal basis: "Property Management Regulations" Article 46 Property service enterprises shall assist in the safety precautions within the property management area. In the event of a safety accident, the property service enterprise shall report to the relevant administrative department in a timely manner while taking emergency measures, and Yuanqiao shall assist in the rescue work.

Where property management service enterprises hire security personnel, they shall comply with relevant state provisions. Security personnel shall perform their duties and shall not infringe upon the lawful rights and interests of citizens when maintaining the public order in the management area of the property.

Legal analysis: The withdrawal of the property should be handed over to some information, items and personnel, including: 1. Property information

1. Property property rights information, comprehensive completion acceptance data, construction design data, mechanical and electrical equipment data, etc. 2. Owner's information: including occupancy information, knowledge of moving into the company, etc.

3. Management information: such as duty records, maintenance records, etc. 4. Financial information:

Including the list of fixed assets, income and expenditure accounts, the list of creditor's rights and debts transferred, the detailed list of property management fees, the approval materials and records for the use of maintenance, etc. 5. The contract agreement includes the original contract signed internally and externally. 2. Transfer of common parts and equipment and facilities management.

3. The transfer of personnel, property, and materials refers to the employment files of the incumbents that the other party agrees to retain.

Legal basis: Regulations of the People's Republic of China on the Administration of Property Envy

Article 8 All owners in the property management area shall form a general meeting of owners.

The general meeting of owners shall represent and safeguard the legitimate rights and interests of all owners in the property management area in the property management activities.

Nineth property management area to establish a general meeting of owners.

The division of property management areas shall take into account factors such as the common facilities and equipment of the property, the scale of the building, and community construction. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Tenth in the same property management area of the owners, should be located in the district and county people's real estate administrative departments or sub-district offices, township people's ** under the guidance of the establishment of the General Assembly, and the election of the owners committee. However, if there is only one owner, or if the number of owners is small and all the owners unanimously agree not to establish a general meeting of owners, the owners shall jointly perform the duties of the general meeting of owners and the owners' committee.

Illegal. If the property management contract has not expired, you can go to the relevant ** department to complain and complain and pursue responsibility. Even if there is a new property company to undertake, then the original property company must do a good job of handover and cannot withdraw on its own.

If the strata company fails to provide services in accordance with the strata service contract, it can sue according to the law.

1. The property will not immediately file a lawsuit against the owner because the owner is in arrears of property fees, and will generally go through the following steps before considering the lawsuit:

1. If the owner is in arrears of property fees, then the property will usually be prompted to pay in time after it is discovered;

2. If the owner fails to pay within a reasonable time again, the property may notify the owners' committee to assist in collection;

3. If the landlord still fails to pay within a reasonable time, the property will consider collecting the strata fee and claiming compensation through litigation.

2. What is the standard of liquidated damages for unpaid property fees?

1. There is no mandatory standard in law for liquidated damages for non-payment of property fees, which is determined by the parties through negotiation.

2. If the contract concludes the liquidated damages and the calculation method of the liquidated damages, then the liquidated damages can be dealt with in accordance with the agreement.

3. If it is considered that the liquidated damages are too low, it can be requested to be increased as appropriate, and if it is considered that the liquidated damages are too high, it can be reduced as appropriate.

4. If there is no agreement in the contract for the late payment of liquidated damages for the property, the property management company can only require the owner to bear the interest loss of the overdue payment, and the standard is the amount calculated according to the bank's loan interest rate for the same period.

3. What are the legal reasons for refusing to pay the property fee?

1. If the property management enterprise does not issue the obligations agreed in the property service contract, the owner may not pay or pay the corresponding property service fee.

2. Property management enterprises may not pay for the unauthorized increase in property service charges, and some owners who have raised them without authorization may not pay.

3. If the property service contract stipulates that the service will be charged later, the owner may not pay the corresponding service fee if the property management enterprise does not propose the corresponding service.

4. If there is an overlord clause in the property, the owner can refuse to pay it. For example, whether the property has been negotiated with the owner to conclude a contract in the early stage, or whether it is a separate contract for yourself.

5. The property does not perform the contract, such as failing to clean the sewer regularly according to the requirements.

Legal basis.

Property Management Regulations

Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism. Fourth State encourages the use of new technologies, new methods, relying on scientific and technological progress to improve the level of property management and services.

Fifth construction administrative departments are responsible for the supervision and management of national property management activities. The local people's ** real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.

When the property service enterprise withdraws, it must start the handover three months in advance in strict accordance with the procedures, hand over all relevant funds and items, and continue to provide services to the community before withdrawing from the community. Generally speaking, landlords are required to pay strata fees, except in exceptional circumstances.

OneHow to withdraw from property service companies

For the withdrawal of property management service enterprises, property management enterprises shall meet the following three requirements.

1.An early warning of withdrawal should be given in a timely manner, that is, the handover should start three months in advance;

2.All relevant funds, goods and materials shall be smoothly handed over and handed over in strict accordance with the procedures;

3.It is also the most important point, that is, property enterprises must continue to provide services to the community before withdrawing from the community, and must not reduce the service quality, service content and service time without authorization.

IICan I not pay the strata fee?

Generally speaking, property owners are required to pay strata fees, but landlords may not pay strata fees in the following cases:

1.If the property owner asks the owner to pay the property fee before receiving the house, the owner can refuse to pay;

2.If the property management company does not have the original approval documents of the price management department, the owner can refuse to submit them;

3.If the property management company requires the payment of water, electricity, gas and other fees that are not within the scope of the owner's payment, it may refuse.

IIIA component of the strata fee

1.Manage the salaries, social insurance and welfare fees of service personnel;

2.The daily operation and maintenance costs of the common parts of the property and the common facilities and equipment;

3.cleaning and sanitation costs in the property management area;

4.the cost of greening and maintenance in the property management area;

5.property management area order maintenance costs;

6.office expenses;

7.depreciation of fixed assets of property management enterprises;

8.the cost of common parts of the property, common facilities and equipment, and public liability insurance;

9.Other expenses agreed by the owner.

The cost of overhaul, medium repair, renewal and renovation of the common parts of the property and the common facilities and equipment shall be paid through the special maintenance resource sales fund, and shall not be included in the property service expenditure or the cost of property services.

Failure to pay the strata fee is a breach of contract, and after the owner is sued, the court will make a judgment based on the evidence provided by the property. If the property is determined to win, the landlord must pay a strata fee.