How not to pay for low-quality housing and communal services. Debts for housing and communal services: what will happen if you don’t pay utilities for a long time. Certificate of absence of outstanding debt obligations

The procedure for provision, payment rules and collection of debts for utility services are prescribed in various legislative acts of the Russian Federation:

• Constitution.
• Housing Code.
• Code of Administrative Offences.
• Civil Code.
• Federal laws and Government regulations.

Federal regulations are supplemented and regulated by regional regulations legal acts. Local governments can reduce liability standards, but not increase them.

When debts arise for housing and communal services and the need for their forced collection, government bodies rely on the following laws:

1. , which clearly regulates the procedure for paying for consumed resources.
2. , which describes the procedure for suspending or limiting the supply utilities.

Utilities in Russia are obliged to follow the given standards and not violate them.

What happens if you don’t repay: responsibility and consequences

Payments overdue even by one month entail a number of consequences. Their seriousness and severity depends directly on the period of non-payment. Missing one payment will be reflected in the payment receipt as an outstanding debt. An increase in the period of non-payment of utility bills threatens more serious troubles, and this is what will happen if you do not pay these bills:

• A penalty will be charged on the overdue amount.
• Unpaid services will be suspended.
• The subscriber is completely disconnected from one or another utility source.
• A statement of claim is filed in court, on the basis of which a forced collection of debt is carried out.

Having a lawsuit allows you to seize property, place a ban on traveling abroad, or make other legal restrictions.

Now you know what will happen if you do not pay utility bills on time.

Calculation of penalties for late utility payments

If utility payments are late, a penalty will be charged for the amount of non-payment. According to federal legislation, it is 1/300 of the Central Bank refinancing rate for each day of non-payment. The amount of the penalty can be reduced by the management company, but not increased.

A penalty is charged if utility bills are not paid for more than 30 days, but less than 90 days.

If the debt is not repaid within three months, then the penalty begins to accrue from the 91st day. Its size is 1/130 of the Central Bank refinancing rate for each day of non-payment.

Restriction of supply of housing and communal services

If utility bills are not paid within two months, more stringent measures can be applied to the defaulter than the accrual of penalties. Management Company or the service provider suspends the supply:

• water, for MKD they have the right to turn off only hot water;
• gas;
• electricity;

The suspension of housing and communal services is a measure aimed at stimulating payments. Even with partial repayment of payment arrears, utility services can be restored. But if the consumer does not take any measures to pay off the debt, then a complete shutdown occurs.

Disabling the service

Suspension and further disconnection from consumption is carried out in a certain order:

1. The consumer is notified in writing of the existence of a debt and the need to repay it. In general, a month is given to pay off the debt.
2. After the allotted period has expired and no payments have been made, a second notification is sent.
3. Three days after delivery of the repeated letter, utility companies disconnect the service.

To connect gas, electricity or water, it will not be enough to pay the accumulated debt and penalties. You will need to pay a separate fee for the reverse connection.

The fight against outstanding monetary obligations: how to recover by court decision?

Forced collection of debts can only be carried out by a court decision. The management company files a claim in court after previous measures did not bring a positive result. The debtor is notified of the filed claim in writing. He has the opportunity to pay debts before the start of the court hearing or present evidence that he has good reasons for non-payment.

After the court order is issued, the parties are given 10 days to appeal the decision. After their expiration, compulsory collection measures are applied to the debtor.

Is it possible to seize property or apartment?

Bailiffs are responsible for the forced collection of debts under court decisions. The standard procedure for them is as follows:

1. The defaulter is notified of the commenced legal proceedings in writing.
2. In the letter, the bailiffs notify you of the amount of the debt, along with penalties and forfeits, as well as the timing of its repayment.
3. After the specified period, FSSP employees come to the debtor’s home and inventory the property in order to compensate for the amount invoiced. Valuable items are sold on a special platform, and the proceeds are credited to pay off the citizen’s accumulated debt for utility bills.

An apartment can be seized only in case of very large debts, when the size of the debt obligations is almost equal to its value.

Is eviction possible?

A willful defaulter may be evicted from an apartment for non-payment of utilities in the following cases:

1. The living space is municipal and is provided to the tenant on the basis of a social tenancy agreement.
2. The debtor has other real estate suitable for living.

Eviction is a last resort measure, which is resorted to only in exceptional cases. Before it is applied, bailiffs will try other ways to collect debts from individuals.

Can they be evicted from public housing along with their children?

Minor children are not responsible for the mistakes of their parents and should not suffer from their rash actions. Although it is possible to evict a council apartment for unpaid bills, it is extremely difficult to do if you have children.

When considering a case, the court will, first of all, take into account the interests of the child, and only then the desire of the owner of the municipal premises.

A family with children can be evicted provided that they are provided with other housing, without worsening the conditions. Otherwise, eviction is not possible until execution youngest child 18 years. In most cases, families with children are not evicted from municipal apartments.

Application for cancellation of a court order

There are many situations when it is not only possible, but also necessary to appeal a court order to collect debts. The debtor must express his point of view in writing. This document is drawn up taking into account certain features:

1. The preamble of the application must contain information about the claimant and the debtor.
2. The outstanding amount of debt is indicated. It is important to divide it into the principal debt and accrued debt.
3. Existing objections are listed. This may be incorrect calculations of debt obligations, and, in general, the existence of payment obligations.
4. A request is made to cancel the order.

The application must be substantiated. Each argument is supported by documents. Official forms and calculations are attached to the application.

When do they write off?

Debt obligations for housing and communal services can be written off if:

• the owner of the living space or the tenant of the municipal apartment has died;
• entity, which owns the property, was liquidated;
• the debtor is declared bankrupt;
• the defaulter is declared insolvent;
• The payment statute of limitations has expired.

You can also write off debts through the court if you prove that the debt arose for reasons beyond the control of the consumer of services or for valid reasons.

Statute of limitations

For no more than 3 past years - this is how many years debt obligations can be collected for utilities. If the management company has not remembered the existing non-payments for three years, and the debtor has not paid a penny, then the debt is written off (is it possible to get rid of debts and when?).

In court, it is the defendant who will have to prove that for three years no one reminded him of the need to pay.
Find out what the statute of limitations is for utility bills and how to write a statement to live without debt.

Prohibition on transferring the right of claim to collectors or assignment to third parties

Not everyone knows whether collectors can collect this debt. Federal Law No. 214-FZ of July 26, 2019 legalized the ban on the transfer of debt obligations for housing and communal services to third parties. Starting from July 26, utility companies were prohibited from using the services of collectors and transferring debt obligations for housing and communal services to them. Management companies are obliged to collect debts using legal methods, through bailiffs or independently, acting within the legal framework.

Debts other than housing and communal services can be transferred to collectors in the same manner.

What to do if you sell to collectors?

If utility companies violated the law prohibiting the transfer of housing and communal services debts to collectors, and turned to a collection company, the defaulter has legal right file a complaint with:

• Rospotrebnadzor;
• the prosecutor's office;
• police;
• FSSP.

Regardless of the chosen authority, you will need:

1. Collect a package of documents - a court order, a written notification from collectors about the collection of debts for housing and communal services.
2. Write an application to the selected service.

From July 26, even a written appeal to the Association of Collectors will be enough to stop illegal harassment.

If a large amount has accumulated

If you need to pay unaffordable debt obligations for utilities, here's how you can reduce the amount:

1. Contact the Criminal Code with a request. The accumulated debt is divided into parts for gradual payment. Typically, the debtor is given 6 to 12 months to resolve the issue.
2. Subsidization. Those families whose payments amount to more than 22% of their total income can receive a discount on housing and communal services. Money is not issued in cash, and the excess portion of the amount is paid from public funds.

• disabled people;
• the poor;
• single-parent families;
• pensioners;
• orphans;
• unemployed.

How can a Russian find out about rent arrears?

Debt for housing and communal services tends to constantly change, so before paying for services it is necessary. You can get up-to-date information in several ways:

1. Personally at the Criminal Code.
2. On the website of the management company in personal account payer.
3. Through the online banking system. In your personal account, you select the appropriate housing and communal services service. When entering consumer data, the exact amount of debt is displayed on the screen.

Information about the amount of debt obligations is also issued at settlement and reference centers.

Certificate of absence of outstanding debt obligations

When paying off debt, the consumer will need. You can get such a document from the Criminal Code or a unified settlement center. The certificate is issued to the owner of the property, persons registered in the premises or their representatives under a notarized power of attorney.

The document is written in a conditionally free form. Each management company independently develops a form. The validity period of the certificate is from 10 to 30 days. The period depends on the requirements of the organization that requested the official paper.

What to do if the management company attributes non-existent amounts?

Management companies quite often abuse their powers by accruing non-existent debts to residents. There can be many reasons for this, such as a banal mistake or a desire to simply make money. A common practice is to distribute the debts of persistent defaulters to other tenants, although this is not legal.

In all cases of illegal charging, the consumer has the right to challenge the amount charged in pre-trial or judicial proceedings.

Proceedings

Pre-trial settlement of disagreements is carried out in several steps:

1. Contact the company that issued the invoice - management company or homeowners association.
2. Request a reconciliation report from the accounting department.

If the amounts are calculated incorrectly and the management company agrees with this statement, then a recalculation is carried out, and the disagreement is considered resolved.

The management company’s reluctance to cooperate and recalculate the erroneously accrued amount leads to the need to go to court. Trial requires the following steps:

1. File a claim.
2. Collect a package of documents confirming the facts stated in the application.
3. Pay the state fee; its amount may be collected from the defendant.

The more complete the evidence base, the higher the likelihood of winning the trial.

Controversial issues

Despite the apparent simplicity of obtaining utility services and charging for them, there are a lot of complex and controversial issues that require clarification.

Joint and several debt

Many, having heard about the concept of joint and several liability, wonder whether they can collect debt for utility services from someone other than the owner. In fact, joint debt does not imply that residents of apartment buildings are obliged to repay debts for one or more negligent owners. Joint and several payments are collected from:

1. Adult and capable family members of the defaulter. They must be registered in this premises.
2. The premises are rented out under a lease agreement and it stipulates special payment terms for housing and communal services.

With shared ownership, each shareholder pays only for his or her share of the property.

Will they be transferred to a new owner?

The obligation to pay utility bills arises at the time of registration of rights to real estate. In fact, the debts of the previous owner for housing and communal services are not transferred to the new owner. However, after the transfer real estate the leverage over the defaulter is seriously reduced, and it becomes difficult to force him to repay the debt.

Meanwhile, the new owner will receive receipts taking into account the existing debt, for which penalties and penalties will be charged. He will either have to pay the utility bill himself or negotiate with the debtor, which is extremely difficult.

Read about whether utility debts are transferred to the new owner.

If the management company goes bankrupt

Another popular question concerns whether it is necessary to pay if the management company goes bankrupt. So, If the management company is declared bankrupt, the apartment building is transferred under the management of another company. Debts are transferred from the bankrupt to a new manager. You will still have to pay them, but this should be done only after the new management company sends a written notice of the assignment of rights to debt obligations.

If you start paying funds earlier, there is a chance that they simply will not be reflected in the accounts, which means that the debt will remain the same.

Bankrupt management companies often want to collect debt obligations from debtors. It must be taken into account that they do not have such a right.

Are they inherited?

The heirs, along with the property, receive an inheritance and debt obligations. You can refuse to pay them only in case of a written refusal to accept the inheritance. Rent debts are paid by the heir to whom it was inherited by will or law. If the premises went to several recipients, then the debt is distributed among them according to the shares received.

Debts for housing and communal services are almost impossible to write off. The amount of debt is constantly growing due to penalties and penalties, which leads to the accumulation of huge amounts of debt. It is better to resolve the problem with payment out of court. In case of forced collection, the defaulter may lose not only valuable property, but also the apartment itself.

Every year utility tariffs increase. 2017 was no exception for citizens Russian Federation. At the beginning of last year, a new law was adopted to tighten liability for debtors in payment for housing and communal services. What the new law implies and what punishment is provided for willful defaulters, we will consider further in the article.

The procedure for paying for utilities is regulated by the Housing Code. According to Article 153 of the Housing Code of the Russian Federation, this is the responsibility of every citizen, including legal entities, who rent any premises. Housing and communal services include:

• payment hot and cold water;
• making payments for electricity (study);
• making payments for heating;
• and gas supply.

According to Article 155 of the Housing Code of the Russian Federation, there is a certain period during which utilities must be paid. Payment is made every month before the 10th day upon receipt of the corresponding payment document. Military personnel, veterans and other categories of citizens enjoy payment benefits.

The maximum delay in payment for utilities can be 31 days. Previously, penalties were accrued for a month of delay; now penalties are accrued for 31 days of failure to make payments. To use installment plans and deferments, valid reasons for delaying payment are required. These include:

• serious disease;
• loss of position or sole breadwinner.

In any of the above cases, documentary evidence of the facts will be required.

What are the consequences of non-payment of utility bills?

The new law on non-payment of utilities involves the accrual of penalties for debtors who do not pay bills on time for utilities. Federal Law No. 307 discusses the procedure for calculating penalties for non-payment. Amendments have been made to the law to increase consumer discipline.

The main methods of dealing with persistent defaulters are:

• accrual of penalties;
• imposing restrictions or suspension of utility services;
• The last resort is eviction from the apartment with the help of the court.

Let's consider the above methods of punishment for late payments carried out by utility providers later in the article.

Penalty amount according to law

The most common penalty is the accrual of penalties. A penalty is a penalty for a long delay in paying utility bills. According to federal law No. 307, citizens who are overdue for payment by more than a month will be subject to penalties. You can pay your invoice within 31 days after receiving your receipt.

The total amount of the penalty depends on the size of the debt and the number of days of non-payment, as well as the refinancing rate of the Central Bank of Russia.

Rent debtors who are individuals should remember that from 31 days to 90 days, 1/300 of the refinancing rate is charged for each day the receipt is not paid. And from 91 days the penalty will increase to 1/130 of the Bank of Russia rate. Currently the rate is 9%.

The legal status of the utility consumer affects the calculation of late fees. For organizations supplying heating, water, etc., the fine will be charged as follows:

• from 1st to 60th day - 1/300 of the Central Bank interest rate;
• from 60 - 90 - 1/170;
• from 91 days - 1/130 of the interest rate.

For legal entities, the fine will be charged at the maximum discount rate - 1/130. If the debt for an apartment can be paid through the terminal, then there is no penalty. Payment can only be made at a Sberbank branch or at a management company, which should be done as soon as possible.

The accrual of penalties can be avoided if the citizen has to leave for another city for a long period. The interested party is obliged to write a statement to the management company and notify about this fact. The deferred payment will be valid for six months. If an extension is required, the next application is sent by mail.

What are suppliers entitled to?

In addition to charging penalties, utility service providers have the right to resort to other measures to punish debtors. For late payment of more than 3 months, the supply of gas, electricity, water will be disconnected or limited for non-payment of utilities. The supplier has the right to act in accordance with these regulations until funds are received from the debtor. Notification of the defaulter is made in writing by mail. After 3 days, if the notification is ignored, the notification is made personally by an authorized person.

Eviction from an apartment for debt is also possible. However, it applies to citizens who rent living space. INevict the owner It is legally prohibited from a privatized apartment. The impetus for this procedure is not the total amount of debt, but the time period of non-payment of utility bills - more than 6 months.

Where can I complain about illegal shutdowns?

The Federal Law on Rent provides for utilities that do not have the right to be turned off, even if payment is not received - heating and cold water supply.

Disconnection of any type of utility services without adequate warning from suppliers illegal! This unlawful action can be appealed. The complaint can be sent to the management company or the HOA. If mutual agreement cannot be reached, the claim is sent to the state housing inspectorate or Rospotrebnadzor. This is followed by filing a written application with the prosecutor's office and the court.

Utility providers may be subject to administrative and criminal liability. For violation of the regime for providing the population, housing and communal services impose a fine on officials - 500 - 1,000 rubles, and on legal entities - 5,000 - 10,000 rubles. For arbitrariness and causing damage - a fine of up to 80,000 rubles is charged, or compulsory labor of 180 - 240 hours is carried out, or correctional labor from 1 - 2 years, or arrest for 3 - 6 months.

Arrears in payment could be the reason for disconnection of utility services. If the debtor received the notice on time and the fact of late payment is recognized by him, then the only solution to the problem is the payment of funds. When the debt is repaid, electricity, gas, and water are supplied within two days.

Good afternoon, my dear readers!

Russians spend about a third of their monthly income on utility bills. Apartment owners receive bills for impressive amounts. But what if housing and communal services are of poor quality? Should the consumer pay for what was provided to him only according to documents? Today I will talk about how you can save money on poor quality utility services and what needs to be done to achieve this?

How to save on providing low-quality utility services

Amendments made to Federal Law-176 “On Amendments to the Housing Code of the Russian Federation” oblige representatives of management companies to pay a penalty to residents of high-rise buildings for poor-quality provision of utility services.

Now apartment owners can obtain a recalculation of housing and communal services services or recover compensation from representatives of the management company.

Now I will talk about the extent to which utility services should be provided to residents of apartment buildings and what to do if they are found to have violations.

Water supply

According to current regulations, residents of high-rise buildings must be provided with water around the clock. Representatives of the management company do not have the right to turn off the water for more than 4 hours a day. If the water outage occurred as a result of an emergency, it should last no more than a day. In a month, the total shutdown of water supply should be no more than 8 hours.
If water is turned off for a longer period, then apartment owners must pay 3.3% less than the established coefficient of its consumption on the days of shutdown. For every hour of downtime, in excess of the established standard, the payment calculation coefficient is reduced by 0.15%.
If the temperature of hot water does not exceed +40°C, then payment for its consumption should be calculated according to the coefficients for the provision of cold water. A reduction factor is applied for every three degrees below the established norm in the amount of 0.1%.
If hot water is not supplied to the apartment for more than a day, then the amount in the receipt for its payment should be reduced by 3%.
Water of poor quality (rusty or with an unpleasant odor) is provided free of charge until the situation is corrected.
If water is supplied at low pressure, within a deviation from the norm of 25%, then the payment coefficient is reduced by 0.1%. If water supply was provided at low pressure throughout the month, then the amount in the receipt for its payment should be reduced by 72%.
The operation of the sewerage system cannot be interrupted for more than 4 hours. This rule applies even in emergency situations. During the month, the total period of downtime of the sewerage system should not exceed 8 hours. Payment for each hour of non-working sewerage is calculated using a reduction factor of 0.15%.

Heating

Representatives of the management company can turn off the heating by adhering to the following standards:

• if the air temperature in the apartments is above +12°C, then turning off the heating should not exceed 16 hours;
• when the air temperature in the apartment fluctuates between +10 – +12°C, turning off the heating should not exceed 8 hours;
• if the temperature range in the apartment is +8 – +10°C, then the heating should be turned off for no more than 4 hours.

If heating is supplied intermittently, then payment is reduced by 0.15% for each hour of disruption.

Electricity

Poor-quality provision of electricity is considered to be a break in its supply for more than 2 hours if there are 2 power sources available. apartment building.
If there is one source of additional power, then the power outage cannot exceed 24 hours. Calculation of payment for the provision of electricity with violations is carried out using a reduction factor of 0.15%. For apartments that do not have electricity consumption meters, payment is calculated using a reduced coefficient of 0.15% for each hour of interrupted electricity supply.

Gas supply

Total gas supply interruptions cannot exceed 4 hours per month.

If the gas supply was carried out with violations, then payment for its consumption is calculated using a reduction factor of 0.15% for each hour in excess of the approved standard.
If gas supply is carried out in violation of the approved pressure standards, then payment for it is not charged.

Management company services.

Cleaning and garbage removal, as well as maintenance of the local area are the responsibilities of the management company. If its representatives perform their duties poorly, then it can be very difficult to prove this. As a rule, company representatives do not want to conflict with residents over identified violations and try to correct them immediately.
The procedure for providing services by the management company is regulated by Decree of the Government of the Russian Federation No. 354. Its content states that responsibility for all services provided to the population (except for cases of concluding agreements on the direct provision of necessary resources to residents) lies on the shoulders of the management company.
Amendments to the current legislation make it possible to resolve the issue of poor quality services for the benefit of residents of multi-apartment buildings.

In case of detected violations, the management company may be subject to monetary fines in favor of residents of high-rise buildings:

• for incorrect calculation of the amount of payment for utilities - 200 rubles;
• if utility services are provided with violations, then the consumer can count on receiving compensation in the amount of 30% of the amount paid.

This measure of influence was taken by the Government of the Russian Federation in order to motivate the management company to efficiently fulfill its responsibilities to provide residents of an apartment building with vital services.

How to file a complaint about the provision of public services with violations

If residents of multi-apartment buildings are provided with improper or non-existent utility services, they need to take the following steps:

• call an employee of the management company to draw up a report on the improper provision of vital services;
• make a claim together with a utility employee;
• demand a recalculation for the services provided and return the difference to the consumer.

In order to invite an employee of the management company to document the incorrect provision of utility services, you must write a statement at its office.
The application must contain a period of time during which an employee of the management company must appear to document the incorrect provision of utility services. Also, the apartment owner must indicate the reason why representatives of public utility services should visit the apartment building.
The apartment owner must carry out the same actions in order to obtain a recalculation for services that he does not use.
When submitting an application, the apartment owner must explain to the management company employees why he cannot use this or that service. After submitting the application, specialists from the management company will arrive at the applicant’s apartment to establish the reason why he cannot use this or that type of service.
A utility employee must appear for an inspection no later than 2 days after writing the application.
The second copy of the completed application must contain a mark indicating the date of its acceptance. It must indicate the date of preparation and the essence of the claims against the management company.
If a representative of a utility organization does not appear when called within the period established by law, then the owner of the apartment has the right to independently file a claim and record in it all identified violations in the provision of utility services. Such a claim must be recorded in the presence of two neighbors.

How to achieve recalculation of payments for poorly provided utility services

Decree of the Government of the Russian Federation No. 354 allows for the recalculation of poorly provided utility services.
If the apartment does not have utility consumption control meters installed, then recalculation will be made in accordance with the procedure established by law.
If a person has discovered poor-quality provision of utility services, then, first of all, he must record this. This can be done by inviting an employee of the management company or independently, in the presence of two owners of neighboring apartments.
Standards for the provision of utility services are given in Russian Government Decree No.534.
If poor quality services are identified, you must immediately call the management company and ask them to send a specialist to record and eliminate the violation.
Let me clarify one important nuance: an act must be drawn up for each day of poor quality provision of utility services. That is, call an employee of the management company and draw up this document necessary every day until the problem is resolved.
The time of arrival of the utility service employee must be agreed upon with the owner of the apartment. If the management company does not respond in any way to the tenant’s demands to record the violation, then he has the right to do this independently, inviting the residents of two neighboring apartments as witnesses.

In order to achieve a recalculation of utility bills, the apartment owner must visit the management company and write a corresponding application.

The following documents must be attached to this document:

• an act drawn up by utility service employees;
  the second copy of the claim for poor quality provision of utility services, drawn up earlier.
  An application for recalculation of utility bills must be submitted no later than 30 days after a suitable case arises.
  Recalculation must be made within a period no later than 5 working days from the date of submission of the application. Its amount should be reflected in the receipt received by the applicant the following month.
  Let me clarify that the apartment owner’s lack of an agreement with one or another utility service cannot become an obstacle to filing a complaint. The consumer has the right to request from representatives of the management company information containing the conditions and sizes of tariffs, the procedure and quality standards of the services provided.

Act on poor quality provision of public services

According to Decree No. 354 of the Government of the Russian Federation, the act of improper provision of utility services is a mandatory document for their recalculation.
There is no standard form for such a document. If, during an inspection, an employee of the management company reveals violations in the provision of vital services, then they must be reflected in it.
Also, the inspection report must reflect the following data:

• date and time of its holding;
• identified violations;
• possible reasons for their occurrence;
• methods and tools used to detect violations;
• conclusions of the audit.

If, during the inspection, no violations were identified, this is reflected in the drawn up report.
Such a document is drawn up in a number of copies corresponding to the number of interested parties. One copy of the document is given to each interested party. Another copy of the document must be kept by representatives of the management company.
In addition, it is possible for residents to independently draw up an act on poor quality provision of utility services.

This possibility is allowed in the following situations:

• if the management company has not responded to the application within the period established by law;
• if it is not possible to notify representatives of the management company about any problems that have arisen.

Such a document is the basis for recalculating payments for poorly provided utility services. It must be signed by two disinterested parties and the chairman of the building management.

Advice for residents who receive poor quality utilities

If the owner of the apartment is denied recalculation of utilities, then he has the right to contact the organization for the Protection of Consumer Rights. Copies of available documents must be provided to this organization. The same action should be taken by the apartment owner if the management company does not respond to his complaints. In addition, you can contact the city Housing Inspectorate. If its representatives identify violations, the management company may be fined in the amount of 40-50 thousand rubles.

If, as a result of a power outage, household appliances in the apartments have become unusable, then residents have the right to recover damages caused to them from the management company.

To do this, you will need to conduct a special examination that will identify the cause of the malfunction.
You can appeal your disagreement with the actions of the management company in the courts.
In conclusion, I will say that the amendments made to the current legislation allow residents of apartment buildings to protect their rights. If poor quality provision of public services is detected, a person must defend his interests. If you leave all this to chance, the apartment owner will throw extra money down the drain.

The Supreme Court of the Russian Federation on utility bills in the video:

Explanations are given on the consideration by courts of disputes regarding payment for housing and communal services and housing by citizen-owners and tenants (on social rent) in apartment buildings.

General issues of regulatory regulation and some procedural issues are touched upon.

The structure of payments for housing and utilities, the rules for determining, paying, and recalculating them (including during the period of temporary absence of residents) are analyzed.

It is noted that fees for the maintenance and current repairs of common property in the house are paid regardless of the fact of using it (for example, an elevator). The absence of a written agreement between the owner and the management organization also does not exempt the owner from paying this fee.

According to the Housing Code of the Russian Federation, when utility services are provided of inadequate quality and (or) with interruptions exceeding the established duration, tenants (owners) have the right to a reduction in the amount of payment. It is emphasized that a reduction in fees is possible up to complete exemption from it.

In addition, in such cases, citizens can make claims under the Consumer Protection Law.

The fact of non-provision or improper provision of services can be confirmed not only by an act drawn up by the contractor. Any evidence admissible by the Code of Civil Procedure of the Russian Federation (including witness testimony, audio and video recordings, expert opinions) may be taken into account.

It is clarified that it is necessary to pay for housing and housing and communal services, even if the written form of the social tenancy agreement is not followed. Moreover, family members of the employer are jointly and severally liable with the employer for non-payment.

The person who has accepted housing from the developer pays for the maintenance of such premises and services from the moment it is transferred to him according to the deed (other similar document).

Some nuances related to the preparation and issuance of receipts for payment are highlighted. It is emphasized that the consumer cannot be required to receive a payment receipt only in paper or only in electronic form.

The issues of providing social support measures in this area are considered.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017 No. 22, Moscow “On some issues of consideration by courts of disputes regarding payment for utilities and residential premises occupied by citizens in an apartment building under a social tenancy agreement or owned by them”

In order to ensure uniform practice in the application by courts of legislation regulating relations regarding the payment of utilities and residential premises occupied by citizens in an apartment building under a social tenancy agreement or owned by them by right of ownership, as well as taking into account the issues that arise for the courts when considering this category of cases, the Plenum of the Supreme The Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2, 5 of the Federal Constitutional Law of February 5, 2014 No. 3-FKZ “On the Supreme Court of the Russian Federation,” decides to give the following clarifications:

General provisions

1. The Constitution of the Russian Federation guarantees everyone the right to housing, the possibility of realizing which is determined, among other things, by the establishment of affordable rent for living quarters for certain categories of citizens (Part 3 of Article 40 of the Constitution of the Russian Federation).

Citizens, exercising the right to use residential premises and the right to receive utility services of proper quality, are responsible for timely and full payment for residential premises and provided utilities (Article 153 of the Housing Code of the Russian Federation).

2. Relations regarding payment by citizens for residential premises and utilities are regulated by the provisions of the Housing Code of the Russian Federation (hereinafter - the Housing Code of the Russian Federation), the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), other federal laws (for example, Federal Law of March 26, 2003 No. 35 -FZ “On Electric Power Industry”, Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply”, Federal Law of December 7, 2011 No. 416-FZ “On Water Supply and Sanitation”), regulatory legal acts issued in accordance with specified federal laws (for example, Rules for the provision of utility services to owners and users of premises in apartment buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, Rules for the maintenance of common property in an apartment building and Rules for changing the amount of fees for the maintenance and repair of residential premises in in the case of provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491).

Taking into account the provisions of paragraph 9 of Article 13 and paragraph 10 of part 1 of Article 14 of the Housing Code of the Russian Federation, relations regarding payment for residential premises and utilities can also be regulated by regulatory legal acts of the constituent entities of the Russian Federation and local governments.

To the powers of bodies state power subject of the Russian Federation in this area include, in particular: establishing minimum size contribution for major repairs (part 8.1 of article 156 of the Housing Code of the Russian Federation); approval of standards for the consumption of utility services, including standards for the accumulation of solid municipal waste (Part 1 of Article 157 of the Housing Code of the Russian Federation).

Local authorities, for example, have the right to establish the amount of fees for the use of residential premises (rental fees), fees for the maintenance of residential premises for tenants of residential premises under a social tenancy agreement, and the amount of fees for the maintenance of residential premises for owners of residential premises who have not decided to choosing a control method apartment building(Part 3 of Article 156 of the RF Housing Code).

3. Relations for the provision of utility services to tenants of residential premises under a social tenancy agreement (hereinafter - tenants), as well as owners of residential premises in apartment buildings (hereinafter - owners) using residential premises for residence, are subject to the Law of the Russian Federation of February 7, 1992 No. 2300-I “On the protection of consumer rights” in the part not regulated by special laws (Part 4 of Article 157 of the Housing Code of the Russian Federation).

Procedural issues

4. Disputes related to the payment by citizens of residential premises and utilities are considered by magistrates, as well as other courts of general jurisdiction in civil proceedings (Articles 22 and 23, Chapters 11, 12 and 21.1 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation ).

5. Demands for the collection of arrears for payment of housing and utilities, not exceeding five hundred thousand rubles, are subject to consideration in the order of writ proceedings (clause 1 of part 1 of Article 23, part 1 of Article 121, paragraphs ten and eleven of Article 122 of the Code of Civil Procedure of the Russian Federation).

If the magistrate refuses to accept an application for a court order to collect arrears of payment for housing and utilities on the grounds specified in Part 3 of Article 125 of the Code of Civil Procedure of the Russian Federation, or the court order issued on these requirements was canceled (Article 129 Code of Civil Procedure of the Russian Federation), these claims can be considered through claims, including simplified proceedings.

6. When determining the generic jurisdiction of disputes related to payment for residential premises and utilities by tenants (owners), one should be guided by the rules established by Articles 23 and 24 of the Code of Civil Procedure of the Russian Federation.

For example, claims for recalculation of fees in connection with the provision of utility services of inadequate quality with a claim price not exceeding fifty thousand rubles are within the jurisdiction of a magistrate, and claims for determining the procedure for paying for residential premises and utilities, as claims that are not subject to assessment, are within the jurisdiction district court.

7. As a general rule, demands for collection of debts for payment by tenants (owners) of residential premises and utilities are considered at the defendant’s place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation).

Claims by employers (owners) may also be brought to court at the place of residence or place of stay of the plaintiff, or at the place of conclusion or place of execution of the contract (Part 7 of Article 29 of the Code of Civil Procedure of the Russian Federation).

8. When determining the circle of persons who have the right to apply to the court with demands related to citizens’ payment for housing and utilities, the courts should take into account that the prosecutor has the right to apply to the court on the basis and in the manner provided for in Article 45 of the Code of Civil Procedure of the Russian Federation.

Structure of fees for residential premises and utilities

9. Payment for living quarters and utilities for the tenant, as well as the owner, includes:

Payment for the maintenance of residential premises (payment for services, work on managing an apartment building, for the maintenance and current repairs of common property in an apartment building, for utilities consumed during the maintenance of common property in an apartment building);

Payment for utilities (payment for cold water, hot water, electrical energy, thermal energy, gas, domestic gas in cylinders, solid fuel if available stove heating, payment for wastewater disposal, management of solid municipal waste (clauses 2, 3 of part 1, clauses 1, 3 of part 2, part 4 of Article 154 of the Housing Code of the Russian Federation).

In the case of direct management of an apartment building by the owners of premises in an apartment building, as well as in cases where the owners of premises in an apartment building have not chosen a method of managing such a building or the chosen method of management has not been implemented, the payment for utilities includes, among other things, payment for cold water , hot water, electrical energy consumed during the maintenance of common property in an apartment building (Part 5 of Article 154 of the Housing Code of the Russian Federation).

10. Payment for residential premises and utilities for the tenant also includes payment for the use of residential premises (rental payment (clause 1 of part 1 of Article 154 of the Housing Code of the Russian Federation)).

Citizens recognized as low-income in accordance with the procedure established by the Housing Code of the Russian Federation and occupying residential premises under social tenancy agreements (Part 9 of Article 156 of the Housing Code of the Russian Federation) are exempt from paying fees for the use of residential premises (rental fees).

Regulatory legal acts of the constituent entities of the Russian Federation may also exempt other categories of citizens from bearing the costs of paying for the use of residential premises.

11. Payment for residential premises and utilities for the owner also includes a contribution for major repairs (clause 2 of part 2 of article 154 of the Housing Code of the Russian Federation).

12. Tenants and owners are required to pay fees for the maintenance and current repairs of common property in an apartment building, regardless of the fact of using the common property, for example, an elevator. The absence of a written management agreement between the owner and the management organization does not exempt him from paying fees for the maintenance of common property (part 3 of article 30, part 1 of article 36, paragraph 2 of part 1 and paragraph 1 of part 2 of article 154, part 1 of article 158, part 1 of article 162 Housing Code of the Russian Federation).

13. When resolving disputes related to the payment of fees for the maintenance of common property in an apartment building, one should proceed from the fact that the common property in an apartment building includes only that property that meets the criteria set out in Article 36 of the RF Housing Code and paragraph 1 of Article 290 Civil Code of the Russian Federation.

In particular, the common property in an apartment building includes the land plot on which the house is located, with elements of landscaping and landscaping, which was formed and in respect of which state cadastral registration was carried out in accordance with the requirements of land legislation and legislation on urban planning activities (Article 16 Federal Law dated December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation”).

14. The maintenance of common property in an apartment building should be understood as a set of works and services aimed at maintaining this property in a condition that ensures compliance with the reliability and safety characteristics of the apartment building, safety for the life and health of citizens, safety of their property, accessibility of use of residential and (or ) non-residential premises, common areas, as well as the land plot on which the apartment building is located, the constant readiness of utilities, metering devices and other equipment included in the common property for the provision of utility services.

15. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation (Part 1.2 of Article 161 of the Housing Code of the Russian Federation).

The list of specific works and services performed at the expense of payment for the maintenance of residential premises, the conditions for their provision and implementation, as well as the amount of payment for the maintenance of residential premises in an apartment building in which a homeowners’ association or a housing cooperative or other specialized consumer cooperative has not been established is determined at a general meeting of owners of premises in such a house. The amount of payment for the maintenance of residential premises in an apartment building is determined taking into account the proposals of the management organization and is set for a period of at least one year (clause 5 of part 2 of article 44, part 7 of article 156 of the Housing Code of the Russian Federation).

The procedure for holding a general meeting of owners of premises in an apartment building and the procedure for appealing to the court a decision made by a general meeting of owners of premises in such a building are established by Articles 45 and 46 of the Housing Code of the Russian Federation, as well as Chapter 9.1 of the Civil Code of the Russian Federation.

16. When resolving disputes related to the payment of fees for the maintenance and current repairs of common property in an apartment building, services and work for managing such a house, it should be taken into account that the amount of such payment approved by the general meeting of owners cannot be set arbitrarily, it must ensure the maintenance of the common property in an apartment building in accordance with the requirements of the law and meet the requirements of reasonableness (Part 1 of Article 156 of the Housing Code of the Russian Federation).

17. The management organization does not have the right to unilaterally change the procedure for determining the amount of payment for the maintenance of residential premises and charge a fee for the maintenance of residential premises in an amount exceeding the amount of such payment determined in accordance with the concluded management agreement for an apartment building (part 7 of article 156, part 1 , 2, 3 and 8 of Article 162 of the Housing Code of the Russian Federation, paragraph 1 of Article 310, paragraph 1 of Article 432, Articles 450-453 of the Civil Code of the Russian Federation).

18. The decision of the general meeting of owners of premises in an apartment building to approve the essential terms of the management agreement for an apartment building on the procedure for determining the amount of payment for the maintenance of residential premises in an apartment building, declared invalid by a court decision, is not subject to application. In this case, the fee for the maintenance of residential premises is subject to recalculation based on the procedure for determining the amount of the fee, determined in accordance with the previous terms of the management agreement for an apartment building (part 7 of article 156, parts 1, 2, 3 of article 162 of the Housing Code of the Russian Federation).

19. The amount of payment for the use of residential premises (rental fees) is established depending on the quality and improvement of the residential premises, the location of the house and is determined based on the occupied space total area residential premises (parts 2 and 4 of Article 156 of the Housing Code of the Russian Federation).

The amount of payment for utility services is calculated based on the volume of consumed utility services, determined by the readings of metering devices, and in their absence - from the standards for the consumption of utility services approved by the state authorities of the constituent entities of the Russian Federation, according to tariffs established by the state authorities of the constituent entities of the Russian Federation, in in the manner prescribed by federal law, or by a local government body in the case of vesting it with certain state powers(Parts 1, 2 of Article 157 of the RF Housing Code).

20. When providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, tenants (owners) have the right to a reduction in the amount of payment for utility services (up to complete release), which is carried out in the manner established by the Government of the Russian Federation (part 4 Article 157 of the RF Housing Code).

Tenants (owners) also have the right to change the amount of payment for the maintenance of residential premises when providing services and performing work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration. Such a change is made in the manner established by the Government of the Russian Federation (Part 10 of Article 156 of the RF Housing Code).

21. In the event that utility services are provided to the consumer of inadequate quality and (or) with interruptions exceeding the established duration (for example, if the contractor, after concluding an agreement containing provisions for the provision of utility services, did not start providing utility services in a timely manner; if the voltage and frequency parameters are in the electrical network at the consumer’s premises do not meet the requirements established by the legislation of the Russian Federation, etc.), the consumer has the right to demand from the person guilty of failure to provide services or violation of the continuity of provision and (or) quality of utility services, compensation for losses, payment of a penalty, monetary compensation for moral damage and a fine in accordance with the Law of the Russian Federation of February 7, 1992 No. 2300-I “On the Protection of Consumer Rights” (Part 4 of Article 157 of the Housing Code of the Russian Federation and paragraph 150 of the Rules for the provision of utility services to owners and users of premises in apartment buildings approved Decree of the Government of the Russian Federation of May 6, 2011 No. 354).

22. When resolving disputes regarding the recalculation of payments for utility services of inadequate quality and (or) with interruptions exceeding the established duration, the fact of non-provision or improper provision of utility services can be confirmed not only by an act of violation of quality drawn up by the utility service provider or exceeding the established duration of the interruption in the provision of services or an act of failure to provide or provision of utility services of inadequate quality, but also by any other means of proof provided for in Article 55 of the Code of Civil Procedure of the Russian Federation (for example, testimony of witnesses, audio and video recordings, expert opinion).

The utility service provider is released from liability for providing services of inadequate quality and (or) with an interruption exceeding the established duration if he proves that the failure to fulfill obligations or their improper fulfillment occurred due to force majeure, as well as on other grounds provided for by law (clause 3 of Article 401 Civil Code of the Russian Federation, paragraph 4 of Article 13 of the Law of the Russian Federation of February 7, 1992 No. 2300-I “On the Protection of Consumer Rights”).

Paying a fee

23. Under a social rental agreement for residential premises, including those received under an agreement for the exchange of residential premises, the obligation to pay for residential premises and utilities arises from the date of conclusion of such an agreement (clause 1 of part 2 of Article 153 of the Housing Code of the Russian Federation).

Failure to comply with the written form of the social tenancy agreement does not relieve the tenant of the obligation to pay for the residential premises and utilities.

24. Payment for residential premises and utilities is the responsibility of not only the tenant, but also his family members living with him (capacitated and limited in legal capacity by the court), who have an equal right to residential premises with the tenant, regardless of their indication in the social tenancy agreement residential premises (clause 5 of part 3 of article 67, parts 2, 3 of article 69 and article 153 of the Housing Code of the Russian Federation).

The named persons are jointly and severally liable with the tenant for failure to fulfill the obligation to pay for housing and utilities.

25. A former family member of the tenant, who retains the right to use residential premises, is independently liable for obligations related to payment for residential premises and utilities, if an agreement is concluded with the landlord (management organization) and the tenant, defining the procedure and amount of his participation in the costs of paying payments for residential premises and utilities (part 4 of article 69 of the RF Housing Code, article 421 of the RF Civil Code).

In the absence of such an agreement, the court has the right to determine the amount of expenses of a former family member of the tenant for payment of residential premises and utilities, based on his share of the total area of ​​​​the entire residential premises, taking into account the number of persons who have the right to use this residential premises (Article 249 of the Civil Code of the Russian Federation) . In this case, the landlord (management organization) is obliged to conclude an appropriate agreement with the former family member of the tenant and issue him a separate payment document to pay for housing and utilities.

26. The owner’s obligation to pay for residential premises and utilities arises from the moment the ownership of such premises arises (clause 5 of part 2 of Article 153 of the Housing Code of the Russian Federation).

The moment of emergence of property rights is determined by the rules of the Civil Code of the Russian Federation (clause 2 of Article 8.1, Articles 218, 219, 223, clause 4 of Article 1152 of the Civil Code of the Russian Federation).

The obligation to pay for the maintenance of residential premises and utilities from the person who accepted the residential premises from the developer, after the latter has issued permission to put an apartment building into operation, arises from the moment the residential premises are transferred under a transfer deed or other transfer document (clause 6 of part 2 of the article 153 Housing Code of the Russian Federation).

27. Co-owners of residential premises in an apartment building are responsible for paying for residential premises and utilities in proportion to their share in the right of common shared ownership of residential premises (Article 249 of the Civil Code of the Russian Federation).

Within the meaning of Article 155 of the Housing Code of the Russian Federation and Article 249 of the Civil Code of the Russian Federation, each of these co-owners of residential premises has the right to demand the conclusion of a separate agreement with him, on the basis of which payment for residential premises and utilities is made, and the issuance of a separate payment document.

28. If the owner of the residential premises (share) is a minor, then the responsibility for paying for the residential premises and utilities lies with his parents, regardless of the fact of living together with him (Articles 21, 26, 28 of the Civil Code of the Russian Federation and Articles 56, 60, 64 Family Code Russian Federation).

At the same time, minors aged 14 to 18 years have the right to independently pay for housing and utilities. If a minor has insufficient funds, the obligation to pay for housing and utilities is subsidiarily assigned to his parents (Article 26 of the Civil Code of the Russian Federation).

29. The owner, as well as legally capable and limited legal capacity members of his family, including a former family member who retains the right to use residential premises, perform a joint obligation to pay for utility services, unless otherwise provided by the agreement (part 3 of Article 31 and Article 153 of the RF Housing Code).

If a dispute arises regarding the collection of arrears for utility bills from the owner and members of his family, between whom there is an agreement defining the procedure and amount of participation of family members in the costs of paying utility bills, such arrears are determined by the court taking into account this agreement.

The obligation to pay fees for the maintenance of residential premises and contributions for major repairs rests only with the owner of the residential premises (Articles 30, 158 of the Housing Code of the Russian Federation and Article 210 of the Civil Code of the Russian Federation).

30. Payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative (part 1 of the article 155 Housing Code of the Russian Federation).

It should be borne in mind that, unless a different period is established, the last day of the deadline for making payments for residential premises and utilities is the tenth day of the month inclusive (Articles 190-192 of the Civil Code of the Russian Federation).

31. Payment for residential premises and utilities is made on the basis of payment documents, including payment documents in electronic form, posted in the state information system housing and communal services (clause 9 of article 2, part 2 of article 155 of the Housing Code of the Russian Federation).

The service consumer cannot be obligated to receive a payment document only on paper or only in electronic form.

32. The payment document must include, among other things, the name of the service provider, his bank account number and bank details, an indication of the paid month, the name of each type of paid utility service, information about the amount of debt of the consumer to the provider for previous billing periods, information about the provision subsidies and benefits for utility bills.

Funds deposited on the basis of a payment document containing an indication of the billing period are counted towards payment for residential premises and utilities for the period specified in this payment document.

If the payment document does not contain information about the billing period, cash, contributed on the basis of this payment document are counted towards payment for residential premises and utilities for the period specified by the citizen (Article 319.1 of the Civil Code of the Russian Federation).

If the employer (owner) did not indicate for which billing period he performed the execution, the execution is counted for periods for which the statute of limitations has not expired (part 1 of article 7 of the RF Housing Code and paragraph 3 of article 199, paragraph 3 of article 319.1 of the Civil Code of the Russian Federation ).

33. Residential landlord, management organization, other legal entity or individual entrepreneur who pay for residential premises and utilities, as well as their representative, have the right to make settlements with tenants (owners) of residential premises and collect payment for residential premises and utilities with the participation of paying agents, as well as bank payment agents (Part 15 of Article 155 of the Housing Code RF).

Payment of a fee to the contractor or a paying agent or bank payment agent acting on his behalf is the proper fulfillment of the obligation to pay for residential premises and utilities (parts 3-6.1, 7, 7.1, 8-10 of Article 155 of the RF Housing Code, paragraph 1 of Article 408 of the Civil Code of the Russian Federation) .

34. Based on the decision of the general meeting of owners of premises in an apartment building, tenants (owners) can pay for all or some utilities to resource supply organizations (Part 7.1 of Article 155 of the Housing Code of the Russian Federation).

Payments for utilities, including utilities consumed during the maintenance of common property in an apartment building, are paid by tenants (owners) directly to resource-supplying organizations when the owners of premises in an apartment building directly manage such a building, and also if the owners have not chosen the management method or chosen the control method has not been implemented (part 5 of article 154 and part 8 of article 155 of the RF Housing Code).

35. The acquisition of utility resources by a management organization managing an apartment building for the subsequent provision of utility services to consumers is carried out on the basis of an appropriate agreement with a resource supplying organization (Part 6.2 of Article 155, Part 12 of Article 161 of the Housing Code of the Russian Federation).

If the management organization has actually begun managing the common property of an apartment building in pursuance of the decision of the general meeting of owners of the premises and from the evidence presented it follows that the tenants (owners) of the premises pay for utilities to the management organization, and the resource supplying organization issues invoices to the latter for the supply of the corresponding resource, the relationship between the management organization and the resource supplying organization can be qualified as actually existing contractual relationship for the supply of resources via the connected network, in connection with which the management organization can be recognized as performing the functions of a provider of public services (clause 1 of Article 162 of the Civil Code of the Russian Federation).

36. When choosing a new management organization, the proper fulfillment of the obligation to pay for residential premises and utilities is to pay a fee to this management organization if there is a concluded agreement for the management of an apartment building (parts 4, 6.1, 7 of Article 155, parts 1, 1.1 and 7 of Article 162 of the Housing Code of the Russian Federation ).

Proper fulfillment of obligations to pay for housing and utilities is considered to be the payment of a fee to the previous management organization if the tenant (owner), acting in good faith when paying the fee, did not have information about the choice of a new management organization (parts 3-7.1, 8-10 of Article 155 of the Housing Code of the Russian Federation , Article 10 and paragraph 1 of Article 408 of the Civil Code of the Russian Federation). In this case, the newly selected management organization has the right to demand recovery from the previous management organization of the funds paid by the employer (owner) according to the rules established by Chapter 60 of the Civil Code of the Russian Federation.

37. Temporary non-use by tenants, owners and other persons of premises is not a basis for releasing them from the obligation to pay fees for the maintenance of residential premises, for the use of residential premises (rental fees), heating fees, as well as for utilities provided for common house premises needs, contributions for major repairs.

In the temporary absence of tenants (owners) and (or) members of their families, payment for other types of utility services, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner and in cases approved by the Government of the Russian Federation ( Part 11 of Article 155 of the RF Housing Code).

Recalculation of fees in such cases is made on the basis of an application submitted by the citizen within the time limits provided for by the rules approved by the Government of the Russian Federation.

Missing by the tenant, owner and other persons living in the residential premises, for valid reasons, the deadline for filing an application for recalculation of utility bills due to his temporary absence (for example, serious illness or other circumstances beyond the control of the person due to which he was deprived of the opportunity to timely submit an application for recalculation of fees for utility services) is not a basis for refusal to satisfy demands for recalculation of such fees.

38. Within the meaning of Part 14 of Article 155 of the Housing Code of the Russian Federation, owners and tenants of residential premises under a social tenancy agreement who have untimely and (or) not fully paid for residential premises and utilities are required to pay the creditor a penalty, the amount of which is established by law and cannot be increased.

39. The penalty established by part 14 of Article 155 of the RF LC, if it is clearly disproportionate to the consequences of the violation of the obligation, may be reduced at the initiative of the court resolving the dispute (clause 1 of Article 333 of the RF Civil Code).

In this case, when considering the case, the court brings up for discussion circumstances indicating that the penalty is disproportionate to the consequences of the violation of the obligation (Article 56 of the Code of Civil Procedure of the Russian Federation).

40. Improper fulfillment by tenants (owners) and members of their family of the obligation to pay for utility services may serve as grounds for suspension or restriction of the provision of this utility service.

The provision of utility services may be suspended or limited only after a written warning (notification) to the debtor consumer, within the time frame and in the manner established by the Government of the Russian Federation.

It should be borne in mind that the mere presence of arrears in payment for a utility service cannot serve as an absolute basis for suspending or restricting the provision of such a utility service. The actions of the utility service provider to suspend or restrict the provision of utility services must be proportionate to the violation committed by the tenant (owner), not go beyond the actions necessary to suppress it, not violate the rights and legitimate interests of other persons and not create a threat to the life and health of others.

41. For disputes related to the payment by citizens of housing and utilities, a general three-year statute of limitations applies, calculated from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this rights (Articles 196, 200 of the Civil Code of the Russian Federation).

The limitation period for claims for collection of debt for payment of housing and utilities is calculated separately for each monthly payment (Part 1 of Article 155 of the Housing Code of the Russian Federation and Clause 2 of Article 200 of the Civil Code of the Russian Federation).

Social support measures

42. The Russian Federation, as a social state, establishes guarantees of social support when citizens exercise their right to housing.

Measures of social support for citizens in paying for living quarters and utilities include the provision of subsidies for paying for living quarters and utilities, compensation for expenses for paying for living quarters and utilities (Articles 159, 160 of the Housing Code of the Russian Federation), other forms of social support (exemption from payment for residential premises and/or utilities).

The categories of persons who are provided with social support measures for paying for housing and utilities, the procedure and conditions for the provision of these measures, methods and sources of their financing are established by federal laws, regulatory legal acts of federal executive authorities, and laws of the constituent entities of the Russian Federation.

Thus, federal laws establish appropriate social support measures for such categories of citizens as disabled people, families with disabled children, Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory, citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, etc. (parts 13-15 of Article 17 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation”; parts 1 and 2 of Article 3 of the Federal Law of January 9, 1997 No. 5-FZ “On providing social guarantees to the Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory"; clause 3 of part 1 of article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-I "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster NPP").

Certain issues related to the implementation of measures of social support for citizens in paying for housing and utilities, within the meaning of Part 11 of Article 159 and Part 1 of Article 160 of the RF Housing Code, may be regulated by regulatory legal acts of local governments if they are vested with certain state powers by the authorities of the constituent entities Russian Federation.

43. Within the meaning of Article 159 of the Housing Code of the Russian Federation, a subsidy for the payment of residential premises and utilities is a designated full or partial payment for residential premises and utilities provided to citizens (tenants under a social tenancy agreement and owners of residential premises) from the budget of the appropriate level.

The procedure for determining the amount of subsidies and the procedure for their provision, the list of documents attached to the application, the conditions for suspending and terminating the provision of subsidies, the procedure for determining the composition of the family of a subsidy recipient and calculating the total income of such a family, as well as the specifics of providing subsidies to certain categories of citizens are established by the Government of the Russian Federation (Part 7 Article 159 of the RF Housing Code).

The right to receive subsidies for the payment of residential premises and utilities are users of residential premises of state and municipal housing funds, tenants under lease agreements for residential premises of a private housing stock, members of housing cooperatives, owners of residential premises (Part 2 of Article 159 of the Housing Code of the Russian Federation).

It should be taken into account that subsidies for the payment of housing and utilities are provided to citizens of the Russian Federation, and to foreign citizens only in cases provided for by international treaties of the Russian Federation (Part 12 of Article 159 of the Housing Code of the Russian Federation).

A subsidy to pay for housing and utilities is provided to these citizens, taking into account their family members permanently residing with them. The composition of the family members of the tenant of a residential premises under a social tenancy agreement is determined in accordance with Article 69 of the RF LC, and the family members of the owner - in accordance with Article 31 of the RF LC.

Since subtenants of residential premises and temporary residents do not acquire independent rights to use residential premises, they are not provided with a subsidy for the payment of residential premises and utilities.

Subsidies for the payment of residential premises and utilities are transferred to citizens before the deadline for making payments for residential premises and utilities established by part 1 of article 155 of the RF Housing Code (part 4 of article 159 of the RF Housing Code).

44. A subsidy for the payment of residential premises and utilities is provided to citizens if their expenses for payment of residential premises and utilities, calculated based on the size of the regional standard for the standard area of ​​​​living premises used to calculate subsidies, and the size of the regional standard for the cost of housing and communal services services established according to the rules of Part 6 of Article 159 of the RF Housing Code exceed the value corresponding to the maximum permissible share of citizens’ expenses for housing and utilities in the total family income (Part 1 of Article 159 of the RF Housing Code).

The total income of a family or a citizen living alone includes, among other things, all payments provided for by the wage system, taken into account when calculating average earnings, severance pay paid upon dismissal, pensions, scholarships, cash payments provided to citizens as measures of social support for paying for housing and utilities, income received from subletting residential premises, funds allocated to the guardian (trustee) for the maintenance of the ward, as well as provided to the foster family for the maintenance of each child, and other payments, except for cases when federal law establishes a different procedure recording the income of citizens in order to provide the above-mentioned subsidies and compensations (Article 5 and Articles 6-12 of the Federal Law of April 5, 2003 No. 44-FZ “On the procedure for recording income and calculating the average per capita income of a family and the income of a single citizen for recognizing them as poor and providing them state social assistance").

Thus, a different procedure for accounting for citizens’ income is established by paragraph 7 of Article 154 of the Federal Law of August 22, 2004 No. 122-FZ “On Amendments to Legislative Acts of the Russian Federation and the Recognition of Some Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On the Introduction amendments and additions to the Federal Law “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On the general principles of the organization of local self-government in the Russian Federation", according to which, before the entry into force of the relevant federal law, the amount of monthly cash payment established in accordance with the Law of the Russian Federation "On social protection of citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster", federal laws “On Veterans”, “On Social Protection of Disabled Persons in the Russian Federation” and “On Social Guarantees for Citizens Exposed to Radiation as a Result of Nuclear Tests at the Semipalatinsk Test Site” is not taken into account when calculating the size of the total income of a family (a single citizen living alone) to assess its need when determining the right to receive a subsidy for housing and utilities.

45. Compensation for expenses for paying for living quarters and utilities is reimbursement to certain categories of citizens in the manner and on the terms established by federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments, for expenses incurred by them related to paying for living quarters and utilities at the expense of the relevant budgets (Article 160 of the Housing Code of the Russian Federation).

For example, monthly compensation for living expenses is provided to veterans, war invalids, combat veterans, etc. (subparagraph 4 of paragraph 1 of Article 13, subparagraph 8 of paragraph 1 of Article 14, subparagraph 5 of paragraph 1 of Article 16 of the Federal Law of January 12, 1995 No. 5-FZ “On Veterans”).

46. ​​Social support measures for paying for housing and utilities are provided to citizens by the authorized body on the basis of an application and documents confirming their right to receive these measures.

The list of documents confirming the right of a citizen and (or) members of his family to social support measures for paying for housing and utilities, and the grounds for refusal to provide these measures are determined, among other things, by the regulatory legal acts of the constituent entities of the Russian Federation (Article 160 of the RF Housing Code).

The basis for refusal to provide measures of social support may be, in particular, the submission by a citizen of an incomplete set of documents to receive these measures of social support for payment of housing and utilities, or the presence of conflicting information in the documents submitted by the citizen.

47. Social support measures for paying for living quarters and utilities, as a general rule, are provided to citizens if they do not have debt to pay for living quarters and utilities or when citizens enter into and (or) fulfill agreements for its repayment (Part 5 of Article 159 of the Housing Code RF).

At the same time, the mere presence of debt to pay for housing and utilities cannot serve as an unconditional basis for refusing to provide social support measures.

In this regard, the court, when resolving disputes related to the provision of social support measures for paying for housing and utilities, must find out the reasons for the formation of this debt, the period of its formation, as well as what measures have been taken by the citizen to repay the debt for payment for housing and utilities and (or) whether agreements have been concluded on the procedure for repaying this debt. These circumstances must be reflected in the court decision.

If there are valid reasons for arrears in payment for housing and utilities (non-payment wages on time, the difficult financial situation of the employer (owner) and capable members of his family due to their loss of work and inability to find employment, despite the measures they have taken; illness, hospitalization of the employer (owner) and (or) members of his family; the presence of disabled people, minor children, etc. in the family) the provision of social support measures cannot be denied.

Reading time: 12 min

The responsibility of housing and communal services is the continuous supply of hot and cold water, heating medium, garbage removal and the good condition of elevators in high-rise buildings. In turn, the tenant is charged with timely payment for the services provided. Otherwise, various sanctions are applied to homeowners in apartment buildings, including legal sanctions and eviction.

Dear visitors!

Our articles are informational in nature about solving certain legal issues. However, each situation is individual.

To solve a specific problem, fill out the form below, or ask a question to the online consultant in the pop-up window at the bottom right of the screen or call the numbers listed on the website (24 hours a day, 7 days a week).

However, there are some exceptions that allow apartment owners to legally avoid paying for housing and communal services without fear of negative consequences from management companies and utility companies. Even in court proceedings, a decision will be made in favor of the property owner.

ContentsShow

Responsibilities for making payments for apartment utilities

FREE legal consultation!

Don't understand the article or need help? Ask our in-house lawyer a question through the Online Consultant form or leave a comment. We will definitely answer!

Different categories of citizens have obligations to pay for services under different circumstances:

• owners - upon the onset of the right of ownership and disposal of housing;
• Tenant – signing a social lease contract or commercial lease of premises.

If the listed persons use all public services that make living easier, they must pay for the benefits provided to them. Ignoring this rule may well lead to the disconnection or termination of the supply of services, or the company going to court, with subsequent debt collection.

Legal regulation

and provide a list of mandatory payments:

1. Consumers must pay for the services provided for the maintenance and repair of household appliances and mechanisms.
2. For the supply of thermal fluid for heating the apartment, even in the event of a temporary lack of supply. This is fixed (in new edition 2020).
3. When social or commercial hiring, you should rely on.

The old decree, in force until the end of 2016, allowed property owners to legally not pay expenses if no one lived in the apartment for a long time. However, the new standards with adjustments are based on the number of persons officially registered in the apartment.

The presence of metering equipment allows you not to pay for electricity, cold and hot water, gas if you have not used them. But for comprehensive maintenance of household appliances and mechanisms, the amount is charged every month, regardless of whether someone lived in the apartment or not.

Watch the video:"Housing and communal services. Mega bomb. Now you don't have to pay 100%."

Acceptable period when you can not pay for utilities in the apartment without consequences

Of course, not every homeowner dreams of becoming a habitual defaulter. The owner of the apartment may be fired from his job, perhaps a large amount will be spent on treatment or another unfavorable situation, which will lead to the formation of debt. The management company will not be interested in why its subscriber does not pay for services, if he must, pay. Therefore, an additional agreement with the utility company will help you temporarily avoid paying overdue bills. The user does not pay, and the management company does not require it, again, temporarily.

The apartment tenant will not have to count on a completely interest-free deferment, but this will save him from visiting the courtroom or having his property seized.

A citizen should enter into a certain agreement with utility services, according to which he undertakes to make payment a little later. However, it must be added that the services have the right to act at their own discretion, i.e. whether to enter into such agreements or not. They can make an exception only for a disciplined user. Those who are not, have the right to refuse.

There is a second legal way to avoid charges for renting an apartment, maintenance, major repairs, heating media, and other utilities provided for general household needs. A homeowner who is absent for more than 5 days has the right to submit a petition for recalculation of utility services provided according to consumption standards, in order to legally avoid paying for housing and communal services.

Such a statement is drawn up before the consumer’s departure or upon his return, but no later than 30 days from the date of arrival. The specified period has the right to be extended if it was missed for reasons beyond the will of the person, for example, a long-term serious illness. Even the judicial authorities can pay attention to such a petition and make a decision in favor of the tenant. However, the circumstances must be confirmed by certificates and other official evidence.

Legal grounds for not paying for housing and communal services

When there is no corresponding application from an individual, utility services have the right to charge him monthly payments in full.

A recalculation of the amount billed for housing and communal services can be made at the request of a citizen if he has not been in the apartment for more than 5 days. However, please note that days of departure and arrival are not taken into account.

The maximum period for which you can request a one-time change in previously accrued amounts is determined by six months. To extend the mentioned period, you must submit the application again, attaching the necessary documents.

If all of the above conditions are met, if individual registered in the apartment, but does not live, it is necessary to pay for utilities that serve to maintain the house and its functions.

Refusal of housing and communal services

The homeowner has the right to completely refuse the services of utility organizations if he has individual metering devices that allow him to record the fact of non-use.

Here, parity is maintained between his rights and the interests of other residents under the following circumstances:

1. In the absence of consumption of both types of water supply, metering devices will show zero consumption, which is the basis for the absence of charges.
2. A similar fixation applies to the electric, gas meter and heating system, if it is registered by the meter.
3. Disabling the wired radio is also allowed when such an item for payment is included in the receipt;
4. The owner of satellite TV can refuse to use a collective home television antenna.

The apartment owner will not be able to cancel other services, for example, garbage disposal, since the housing office is not able to accurately establish this fact.

However, the apartment owner has the right to completely refuse the above-mentioned services and terminate the contract only after paying for the previously provided resources.

Watch the video:"Goszhilnadzor. Unscheduled inspection."

Payment for the elevator

If an elevator is installed in a multi-story building, but it has been under repair for a long time, you can file a petition to revise previously accrued amounts for the use of the lifting structure. Based on the management agreement for a multi-storey building, the maximum period for an elevator to be under repair is determined by one current month.

If residents register for a longer period, they can submit a request to the management company to remove charges for using the elevator. This is stated in (as amended and edited 2020).

Payment for garbage removal

Payment for waste disposal at this time is calculated based on the total area of ​​the apartment or premises. However, the calculations used do not always justify themselves and, therefore, the earliest time for calculating the amount of fees for the removal of mucor will be the number of officially registered citizens in a certain apartment.

However, if an individual is registered in this area, but does not live for a long time, he still needs to pay for waste disposal.

Rules for drawing up and sample refusal of utilities

A citizen may not pay for the services of a housing company if he stops using them.

To do this you should:

• visit the Criminal Code with a civil passport or other identification document;
• file a petition to refuse any service;
• supplement the application with documentary support.

After the organization makes a positive decision, the company will send an authorized person to the applicant to confirm the information.

Other reasons for not paying for housing and communal services

An individual has the right not to pay for utility services provided in a poor quality manner.

This indicator is:

• constantly dirty hall;
• non-working elevator;
• absence of an access door or its damage;
• invoices for waste disposal exceed those specified in the contract.

If such violations are detected, the citizen also has the right to demand a recalculation.

Writing off debts for housing and communal services

Writing off part of the existing debt for housing and communal services can be done in several ways:

• dividing the amount among all owners of residential premises;
• recourse for collection of payment;
• upon expiration of the statute of limitations.

You can also use installment plans or debt subsidies. It is expected that the Duma will soon pass a law on writing off existing household debts for housing and communal services in 2020.