[Direct answer]In the Beijing area, it constitutes a breach of contract and the property management company may be held accountable and required to hand over the management responsibilities. If the term of the property management contract has not expired and the property management company withdraws or stops providing services without the joint decision of the owners, it constitutes a breach of contract. The owners may require the company to continue to perform the contract, compensate for the losses caused by the withdrawal, and recover the property fees paid in advance but not provided during the service period. The neighborhood offices, township governments, and housing and urban-rural development authorities may intervene to coordinate and organize emergency property management services to ensure basic order in the community, such as access control, cleaning, and elevator maintenance. When the contract terminates or is rescinded, the original property management company shall hand over the property management office rooms, shared facilities and equipment, completed drawings, and owner information and conduct a handover. If the company refuses to hand over the materials and causes losses, it shall bear legal liability for compensation, and the owners may file a lawsuit individually or jointly.

I. Problem Background and Typical Scenarios

Due to fee disputes or operational adjustments, property management companies suddenly post notices announcing their withdrawal. The next day, cleaning services are suspended, access control systems fail, and elevator maintenance is interrupted, leading to rapid chaos in the community. The property fees previously paid by owners are also left unaddressed. Unauthorized withdrawals not only affect residents' safety but also lead to a series of cost and liability issues, which require timely and orderly responses.

II. Key points of contention

First, the legal nature of unauthorized withdrawal and the liability for breach of contract. Second, the return of prepaid property fees. Third, the scope of the obligation to hand over and the consequences of breach. Fourth, the emergency property management and the path for owners to rescue themselves.

III. Professional analysis by Henglue Lawyers

Firstly, the nature of the breach of contract: During the validity of the property service contract, the property management company shall provide services in accordance with the agreement and relevant regulations. If the property management company withdraws or stops providing services without the joint decision of the owners, it constitutes a fundamental breach of contract, and the owners have the right to require the company to continue to perform the contract and compensate for the losses. Secondly, handling of fees: If the property management company collects the property fees in advance but fails to provide corresponding services during the period, it shall refund the fees to the owners. If the company refuses to refund the fees, the owners may claim the return and, if necessary, resolve the dispute through litigation. Thirdly, obligations of handover: When the contract is terminated or rescinded, the original property management company shall withdraw from the property service area within the agreed time limit or a reasonable period, and transfer the property service rooms, related facilities and equipment, construction drawings, owner information, etc. to the owners' committee or the newly appointed property management company, and cooperate with the handover work. If the company refuses to hand over the property or transfer the assets, it shall bear corresponding responsibilities. Fourthly, emergency response and rights protection: The street office and the housing and urban-rural development department may guide and organize emergency property services to assist owners in legally selecting a new property management company; owners may file complaints with the competent authorities or seek compensation for losses and the return of prepaid fees through litigation. Henglue Tip: Owners should first fix the evidence of the announcement of withdrawal, the time of service suspension, and the on-site situation, and report the situation to the competent authorities in time to avoid greater losses caused by service interruption. If the original property management company transfers or conceals owners' property or misappropriates special maintenance funds before or after withdrawal, owners should also fix the clues and report them to the competent authorities, and, if necessary, seek legal redress to prevent the expansion of losses.

IV. Practical suggestions and legal basis

The first step is to fix the evacuation notice, the time of service suspension, and evidence such as on-site photos and videos, and to count the number of days during which services have not been provided in order to calculate the fees. The second step is to file a complaint with the sub-district office and the housing and construction department, requesting the organization of emergency property services and coordinating the selection and appointment of a new property management company. The third step is to calculate the prepaid property fees and the amount for the period during which services were not provided, and to request the refund from the original property management company. The fourth step, if the losses are significant, the homeowners' committee or the homeowners may jointly or individually file a lawsuit, claiming breach of contract compensation and requesting the transfer of relevant materials. The main legal basis: Articles 937 to 950 of the Civil Code of the People's Republic of China concerning property service contracts (effective from January 1, 2021); and the Beijing Municipal Property Management Regulations (effective from May 1, 2020). The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three sentences about property management companies' unauthorized withdrawal: Unauthorized withdrawal constitutes a fundamental breach of contract, and the party concerned may demand continued performance and compensation; property fees received in advance but not provided services for should be refunded; and it is a legal obligation to hand over relevant materials and facilities. If the property management company refuses to hand them over, the party concerned may file a lawsuit to request their transfer. For disputes involving property management companies' withdrawal and real estate issues, the parties concerned may seek legal remedies through the following channels:Real estate transactions and construction projectsFor services that require an overall solution, involving property service contracts, they can be combined with other services to provide a more comprehensive solution.Business and contract disputes in enterprisesFor projects involving cost refunds and execution, you can refer to the following for more information:Creditor's rights and debts, and enforcementFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is it illegal for the property management company to withdraw from the management of the property without authorization?

This constitutes a breach of contract. If, during the term of the contract, the service provider withdraws or stops providing services without the joint decision of the owners, this constitutes a fundamental breach of contract, and the owners may require the service provider to continue to perform the contract and compensate for the losses.

Q2: Can the prepaid property fees be refunded?

Yes. The property fees received in advance but not provided with corresponding services during the period should be refunded. If the property management company refuses to refund, the tenant can claim the refund and request the property management company to pay the fees through litigation.

Q3: What should I do if no one takes care of the community after the evacuation?

You can report the situation to the neighborhood office and the housing and urban-rural development department, and request them to organize emergency property services to ensure basic order such as access control, cleaning, and elevator maintenance. In addition, according to legal procedures, select and appoint new property service providers as soon as possible to avoid the community falling into a state of unmanaged operation.

Q4: Can I ask the property management company to compensate for the losses?

Yes. If the unauthorized evacuation results in losses such as the failure of the access control system, damage to facilities, or safety accidents, the owner can provide evidence to claim compensation and, if necessary, pursue breach of contract liability through litigation.

Q5: Can I sue them if they refuse to hand over the transfer materials?

Yes. It is a legal obligation to transfer the property service premises, facilities and equipment, as well as the owners' information. If the transfer is refused, the competent department can coordinate or file a lawsuit to request the transfer and compensation for losses.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.