For the most part, Russian citizens conscientiously pay for utilities, regardless of financial difficulties. But rising tariffs, unsustainable economic situation in the country, it happens that they deprive a person of the opportunity to pay for utilities. The resulting debt leads to litigation and, at times, power outages.
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Utilities and payment by law
Let's start with how the payment for the "communal" is formed. First, how rates are set.
They are approved by the decision of the constituent entity of the Russian Federation or local self-government, but in the event that he is granted such a right.
It should be noted that tariffs for energy resources: water, gas, electricity are set centrally, that is, by the subject. As for housing services, maintenance, repair of the house, in this case they depend on the form of management of the house.
If there is an HOA in the house or it is managed directly by the residents, then the owners themselves can set tariffs for this type of service. The main thing is that the payment is enough for the maintenance of housing.
In the event that there is a management company for housing and communal services, the fee for maintaining the house is set in accordance with the company's standards.
Housing and communal services tariffs
What is the tariff for housing services? It includes:
- Price housing maintenance including repairs;
- Price water supply and sanitation;
- Price hot water;
- Price heating supplied centrally;
- Other housing services such as house cleaning, rubbish removal etc.
Tariffs for utility services are set by the authorities local government and regional tariff service, usually for a period of one year.
The size of other tariffs, in particular, for energy resources, may change during the year, most often once every six months. A change in tariffs is introduced by a Decree of either a subject of the Federation or a self-government body.
Payment order
The procedure for paying utility bills is simple:
- Authorized body(UK, HOA, or other entity, for example, the Settlement Center) makes charges for services and draws up receipts for payment, where it is clearly stated how much to pay for a communal apartment. An invoice for payment is drawn up for the HOA;
- Then receipts or invoices are sent to the payer;
- Within the specified period, depending on the requirements of the supplier, it may vary, the tenant pays for the services provided to him.
Agreements with service providers
It should be noted that with direct management, homeowners are obliged to provide services with energy suppliers and management companies.
In this case, tenants do not conclude contracts, since the owner of such housing is the municipality, which carries out all legal actions related to the provision of services. However, the payer is ultimately also an employer.
If there is a Homeowners Association (HOA) in the house, then its members do not enter into a service agreement with either the partnership or service providers.
The HOA pays utility bills for all its members. With owners who are not members of the partnership, the HOA is obliged to conclude contracts for the provision of services.
Is it legal to disconnect for non-payment of rent?
Actually, even if a person has delayed one payment, then he is already considered a debtor.
However, for one month of delay, no penalty will be imposed on the tenant.
But, starting from the second month of non-payment, after 31 days of delay, his debt will be corrected and charge penalties in accordance with applicable law.
Wherein the penalty is calculated from the refinancing rate of the Central Bank and accrued for each overdue day.
For legal entities(HOA and other forms of self-government)– 1/130 of the rate on the amount of the debt.
For citizens, starting from 31 days of delay and up to 90, — 1/300 of the bet. Further - 1/130.
As we see, first financial measures are applied to the non-payer and there is no talk of shutting down the services provided. Moreover, there are various good reasons violations of the terms of utility payments.
Valid reasons for non-payment
Penalties will not be imposed on a person if it is proved that:
- debtor for a long time not paid salary or pension;
- the debtor or someone in the family is unemployed. And you can’t get a job, despite the efforts made;
- serious illness the payer or a family member;
- the family has a small child or the disabled.
Respectively, it will not be lawful to turn off the light, cold water, heating during the heating season in an apartment for late rent.
Subsidies
Those who can count on receiving such assistance from the state when paying for "communal" people who spend more than a set percentage of their income on payments(average family income).
The amount of the subsidy is determined by each region independently. The minimum percentage is set in Moscow (10%). The national average is 22%.
The following can be eligible for a subsidy:
- public or municipal housing tenants;
- employers private housing under a lease;
- homeowners;
- family members who permanently reside with the employer or owner.
Privileges
Benefits for payment of housing and communal services are provided mainly to pensioners. They are established by both federal and local authorities..
The regions have the right to determine the categories of citizens to whom benefits will be assigned, provided that their actions do not contradict the current legislation.
Unfortunately, we will not be able to consider all types of benefits that are assigned in the regions, so we will limit ourselves to federal ones.
Federal benefits are valid throughout the country and receive them:
- participants and invalids of the Great Patriotic War all groups;
- juvenile prisoners Patriotic War , as well as disabled prisoners of all groups;
- exposed to radiation;
- disabled soldiers during the period of service;
- blockade, disabled people of all groups;
- disabled from childhood;
- disabled people all three groups;
- Heroes of Socialist Labor, Labor Glory(three degrees).
When can services be disabled?
If the tenant does not pay the “communal” for more than 6 months, the service provider, for example, a water utility or an energy management company, has the right to disconnect from energy resources: gas, water, electricity.
Rules for cutting off water and electricity due to delays in utility payments
The legal procedure for disabling is simple. A month before the disconnection, the debtor receives a notification from the supplier with a requirement to pay off the debt within 30 days.
If this is not done, then three days before the expiration of the period, another notification is sent to the debtor.
If the situation does not change after 30 days, then, as a rule, a restriction is first introduced on the consumption of a resource, for example, electricity. After the allocated limit is exhausted, and the debt is still not repaid, the supply of services is completely stopped.
When the debt is repaid in full, supplies will resume.
Do they have the right to turn off the light without a court order?
The Government of Russia, by its decree (No. 354, 6. 05.2011), granted utility providers the right to stop supplying them to a non-payer without going to court and a court decision. The only thing, what is required from the supplier:
- Observe when doing this legal requirements;
- Pre notify the debtor about shutdown.
Without a court decision, the service provider can, but without notifying the consumer, no. This will be and entails the punishment of a representative of the energy company.
Increasingly, management companies use power outages for non-payment of utilities, the procedure for which in 2019 is determined by law. This method is used to deal with debtors, through the fault of which the supplying organizations annually lose large sums. Consider at what amount of debt it is possible to turn off utilities for non-payment, and how this should happen.
The obligation of owners and tenants of municipal apartments to pay for the received housing and communal services, that is, electricity, water, gas, sewerage, cleaning of stairwells, etc., is established by the Housing Code. An agreement on utilities is concluded between the homeowners and the management company, where this condition is once again prescribed. Therefore, late or incomplete payment by the consumer is a breach of contract.
In response to this, can the management company terminate the contract and not deal with the violator of the agreement in the future? No, this possibility is not provided by law. But the provider has the right to limit or temporarily stop the provision of a number of services as a measure of enforcement. This is recorded in normative act- Government Decree No. 354, the last amendments to which were made in mid-2017. According to this document, there are two situations when such actions of the management company are legal:
- utility bills;
- use of services without a contract.
Separately, the law considers emergency situations. Shutting off electricity or water is not a way to punish for debt if it occurs under the following circumstances:
- accident or its threat;
- weather disasters;
- instructions from supervisory authorities;
- carrying out emergency repairs.
Are there other ways
Since the management company's demand is not only absolutely legal, but also indisputable, a court order will be issued within five days. A copy of such a decision is sent to the debtor along with a proposal to pay the debt that has arisen. In the event that no action is taken in response, the order is sent to the bailiffs for execution.
Most often, bailiffs turn to the bank where the debtor has an account. At the request of the bailiff, the existing amount of debt for electricity or water will be debited from the account automatically, without the consent of its owner. However, management companies prefer to act in a way that gives a faster result: limiting or completely cutting off electricity for debts. This is also legal and less hassle.
Will the light be turned off for rent debts
The pay slip for a communal apartment includes not only electricity, but also many other services. Restricting or disabling some of them is impossible in principle. The rules for the provision of public services are prohibited from restricting those on which the possibility of using a dwelling depends. This list includes heating during the cold period, cold water supply and sewerage. But it is permissible to turn off electricity for non-payment, as well as gas and hot water.
Decree No. 354 states that the right to disable the service is exercised if it is not paid. To do this, representatives of the management company seal the relevant equipment, both outside the debtor's apartment and inside it. In other words, it is lawful to turn off electricity for accumulated debts for electricity, water - for water supply, etc.
Do they have the right to turn off electricity in this case if the debt has been formed for heating? Yes, they do, since all engineering networks inside the house are the responsibility of the management company, and not the electricity supplier. This is part of the very utilities for which the debt has accumulated. In addition, it is not possible by law to turn off or limit heating in winter. To shut off the water, it is necessary to seal the equipment inside the apartment, where its owner has every right not to allow outsiders. It is much easier to carry out work in the switch cabinet outside the private area.
At what amount of debt can the electricity be turned off
As a measure of influence on debtors, some management companies post information about the amount of debt of an apartment in the entrances. The amounts reflected in such announcements reach two tens of thousands of rubles. This kind of debt accumulates over the years. However, this information should not be taken as a guide to action.
The law allows you to turn off the light for non-payment of utilities already when they have not been paid for two months.
However, they do not need to be consecutive. This is about twice the monthly payment. Previously, it was possible to accumulate debt by paying a small amount each month. Now this path is not available. As soon as the amount of debt exceeds a certain threshold, the Criminal Code has the right to start restrictions.
Is it possible to do without shutdowns? If the debt for a communal apartment has not yet accumulated, but the income of the apartment owner does not allow paying on time in full, you should apply for a housing subsidy. This is a monthly payment assigned by the social security service for six months. Getting it will allow you not to accumulate debts until your own financial situation is corrected.
How it all goes
To turn off the light, debtors are prescribed a strictly defined order of restriction. First comes a written warning. This can be a registered letter, a notice handed over against signature, an email or a phone call from an autoinformer. From the moment of its receipt, the owner has 10 days to pay off the debt. The method of making the payment does not matter, the main thing is to meet the deadline. In the absence of such a warning, all further actions of the Criminal Code will be illegal.
Can they turn off the light if 10 days have passed and the debt has not been paid? Yes, but the management company is waiting for another 10 days. This is the maximum possible delay. Then the master comes, switches the lever or disconnects the wire in the distribution cabinet located on the common staircase or platform, locks and seals it. In new homes, you can limit the supply of electricity remotely, using special equipment.
After disconnection, access to the service will be possible only if the debt itself and the suspension and resumption work are paid. By law, all costs associated with disconnecting and restoring the supply of utilities disconnected for debts are borne by the homeowner. The amount can be paid in the next payment or paid in advance through the bank.
How to achieve full service resumption
To receive a full set of utilities without restrictions, it is necessary to pay the resulting debt. This is an indispensable condition. In the next day after receiving information about the passage of payment, the supply of electricity will be restored in full.
If finances do not allow this, then you can try to negotiate with management company. An agreement is concluded with the debtor on the restructuring of his debt with the designation of the terms of full repayment and the amount of the monthly payment. As a rule, this requires paying at least 50% of the existing debt at once, but other options are possible.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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This document specifies the following nuances of payment:
The agreement between the subscriber and the housing and communal services organization determines the form of payment - non-cash or cash. Payment decreases in proportion to the deterioration in the quality of services.
If the subscriber has a meter installed, payment can be made directly to the cash desk of the resource-providing organization.
In addition, Article 155 of the Housing Code of the Russian Federation regulates additional conditions for paying utility bills:
- Payment documents are the basis for payment. They are due by the 1st of the following month. A different period may be established by an agreement between the supplier (MC,) and consumers.
- Non-use of apartments, non-residence in them is not a reason for non-payment for utility services.
- Payment can also be made electronically.
When is a person considered a defaulter?
The citizen's obligation to pay for services arises immediately after it happened.
That is, a person or, received a certificate of ownership and from that day payment of "communal" - his direct responsibility.
The need to pay for consumed utilities is clearly spelled out in the Housing Code of the Russian Federation. Moreover, the tenants have the need to pay and, and equally.
According to the Housing Code of the Russian Federation, a consumer is recognized as a non-payer if did not make a single payment within 90 days for utilities. After 6 months of no receipt of funds, the defaulter is considered malicious.
But even here there are some peculiarities:
- In relation to municipal apartments, where, in addition to utilities, rent is also paid. In this case, the debtor is recognized as a subscriber who has a non-payment specifically for the provided utilities.
So, if at least once every six months you pay a small amount, according to the law, the subscriber cannot be attributed to non-payers. The same rule applies to privatized apartments.
The consequences of debt are the saddest for the consumer:
Municipal housing is the property of the state, therefore, for non-payment of utility services by tenants, the matter can even reach.
But according to the law, not on the street, but in a hostel with an area norm per person of at least 6 square meters. It is clear that in some cities there is no such resettlement fund at all.
It is not easy to evict tenants from a privatized apartment, especially if the apartment is the only living space. But turning off electricity or gas, if the owner does not pay for utilities, is much easier.
If the payer does not begin to pay off debts after that, bailiffs can seize property: TV, washing machine - everything that can be sold at auction.
The list of non-payers of utility services is maintained both in the management companies involved in the apartment building, and directly in the resource-supplying companies.
Valid reasons for non-payment
However there are extenuating circumstances when a person can avoid the accrual of penalties and other troubles:
If it was precisely such circumstances that forced the consumer not to pay for utility services, the state may allocate one time grant for 6 months for all family members.
However, if, after its provision, the citizen again does not pay the "communal" for more than two months in a row, the subsidy will be canceled.
If the reason for the formation of the debt becomes, and not the owner, you can achieve repayment of the debt through the courts.
Sometimes debt formed due to incorrectly calculated payments, erroneous calculation of amounts. In this case, it is also worth going to court, but already against the service provider company.
Penalty for non-payment
The formation of a penalty fee is carried out in accordance with the norms of the LCD, namely paragraph 14 of Article 155. It states that the penalty begins to form after 10 days.
Its size is equal to 1/300 of the Central Bank refinancing rate. The rate is determined on the day of payment. Penalty increase is not possible.
The management company or the right to independently establish the terms of payment, indicating them in the contract.
By general rule payment deadline is set to the 10th of the next month However, in the contract it can be extended until the end of the month. In this case, it is after the expiration of the period specified in the contract that the penalty begins to accrue.
The refinancing rate has been 8.25% for a long time. The board of directors of the Central Bank held on July 31, 2015 did not change its size. Therefore, it will remain unchanged for the next 6 months. The increase in the rate is possible due to the dynamics of inflation, the fall in domestic demand, and the deterioration of economic indicators.
Grounds and procedure for disconnecting utilities for non-payment
The termination or suspension of the provision of services to consumers - individuals and enterprises - is regulated by paragraph 14.
Grounds for disconnection without notice to the consumer and for reasons beyond his control are considered:
- The occurrence of an accident in engineering networks or the threat of an accident. Engineering networks are networks through which water, heat and gas supply, electricity, and heating are supplied.
- Natural disasters, emergencies.
If the disconnection of services occurs for other reasons, the resource provider must notify the subscriber 30 days in advance.
The grounds for disabling are:
- Unauthorized connection by the consumer of equipment to the central engineering networks.
- Use of devices whose power is much higher than network loads.
- Improper maintenance by the consumer of intra-apartment networks, which led to an emergency or the threat of such a situation.
- Incomplete.
If planned repair work, preventive, maintenance measures with the shutdown of any utility service, the consumer is notified in writing 10 days before the start of work. After completion of work, the connection must be resumed within two days.
The disconnection procedure for the resulting debt occurs taking into account its size: if the debt exceeded three months' payment(according to the consumption standard), the supplier has the right to disable the service.
Moreover, the presence of metering devices is not taken into account. In the previous "Rules" it was allowed to resort to this measure of responsibility for non-payment of utilities in case of debt for 6 months.
If the consumer has made debt settlement agreement services are not disabled. However, in case of violation of the clauses of the agreement, disconnection is possible.
Any service can be disabled for non-payment, except:
- heating (in winter);
- cold water supply in an apartment building.
In the old "Rules", which were in force until 2012, it was not allowed to turn off the sewerage. But, although the lack of sewerage makes housing uninhabitable, such a measure has proven to be very effective in the fight against debtors.
The disconnection procedure is as follows (unless otherwise provided by the agreement or other act):
- The resource supplier sends a notice to the consumer indicating the amount of the debt.
- If within a month the consumer does not pay the bill, the supply of the service (or several) can at first be only limited for the time being.
- If payment is not followed, the service is limited, in other words, it is turned off.
Before shutdown the consumer will also be notified. He is given three more days to pay off the debt. Then the consumer seals the equipment in the apartment or outside it, metering devices for a specific service.
The removal of the seal in case of repayment of the debt for the consumer should be free of charge, although in practice there is a situation when the representatives of the contractor require payment for the reverse connection as well.
Can I appeal the decision of the resource provider?
Protection of civil rights in the Russian Federation carried out by the court, so only in this instance can you appeal the supplier's decision to disconnect. What can be the basis for filing a claim?
For example, the debtor was not properly notified: he did not receive a letter or did not receive it within a month. Paying for a seal or removal of a seal is also a violation of the rules.
When filing a claim, the consumer must provide strong evidence of a violation of their rights. For example, if an apartment becomes uninhabitable as a result of a disconnection, the court may oblige the provider to connect the service.
If, as a result of the disconnection, neighboring apartments, common property, the service was damaged, the service can also be connected again.
The subscriber, in addition to the amount of debt, after the disconnection will have to reimburse the supplier company for the costs of this disconnection. This amount exceeds 6 thousand rubles and added to the total debt.
Debt repayment or the conclusion of a debt restructuring agreement is the only way to connect electricity, gas or water.
Speaking of non-payment, we mean the complete non-receipt of funds to the company's account. To avoid disconnection, you must pay at least the minimum amount of payment and not allow debt to grow.
Video: Shutdown of utility services for non-payment
The video examines the legal grounds for disconnecting utilities for non-payment by a tenant.
Answers are given, which utilities can be disconnected, what debt is the reason for the disconnection, what is the procedure for suspending the supply of housing and communal services, the nuances and pitfalls of making a decision to disconnect.
Owners and tenants of premises in MKD are required to pay utility bills. An extreme but effective measure to combat non-payments is the restriction and suspension of the provision of public services (CU).
A restriction on the provision of a utility service is, for example, a power outage at certain hours. If this is not enough and the debt continues to accumulate, you can completely suspend the provision of CG until the debt is paid off.
Characters:
- contractor - the organization that manages the MKD (UO, HOA, ZhK, ZhSK), that is, you;
- the debtor is the owner or tenant of the premises in the MKD.
At the end of last year, the procedure for restricting the provision of public services changed. As before, in order to introduce a restriction or suspension of the provision of CU, one must be guided by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter - Rules No. 354). Read about how he became in this article:
- when it is possible to impose a restriction on the provision of CG;
- how to notify the debtor;
- when to move to the suspension of the provision of CG.
This article also provides an overview of judicial practice related to access to the premises of MKD for the introduction of restrictions or suspensions of CG. As a rule, court decisions in such cases are in favor of the MA and housing associations.
- Restriction on the provision of public services: legal grounds
When is it possible to limit the provision of public services
You can limit the provision of CG if, after a warning, the debtor has not paid the debt or has not fulfilled the agreement on its repayment.
The amount of debt for one utility service must exceed the sum of two monthly fees for this utility service. This is defined in par. 117, 118 of Regulation No. 354. Previously, you could restrict the provision of CG 30 days after a written warning.
Reference
The consumer's debt for CU is calculated depending on the payment for the provided utility services:
- if the consumer does not fully pay for all types of utilities, then the contractor calculates the debt for each type of utility service separately;
- if the consumer partially pays for utilities and housing maintenance services, then the contractor divides the payment received between all types of housing and communal services indicated in the payment document in proportion to the amount of each fee indicated in the payment document. That is, the debt is calculated for each type of utility service based on the partially unpaid amount.
- Devices for restricting drainage: legality of use
How to notify a debtor
First of all, you must notify the debtor in writing about the restriction.
Send him a written warning stating that in case of failure to pay the outstanding utility bill within 20 days from the date of delivery of the notification, the provision of such utility service will be first limited and then suspended.
You can deliver a warning to the debtor in one of the following ways:
- hand over against receipt;
- send to the debtor by registered mail (with acknowledgment of receipt);
- include the warning text in the payment document.
Possible ways of delivering the notification to the debtor are listed in subpara. "a" paragraph 119 of Regulation No. 354.
You can also notify in another way, which will confirm the fact and date of its receipt by the consumer, including the transmission of voice information over the fixed network telephone connection or send a message:
- via the mobile radiotelephone communication network to the consumer's user equipment;
- by phone call with a recording of the conversation;
- on e-mail;
- through Personal Area consumer in the GIS housing and communal services or on the official page of the contractor on the Internet.
An agreement containing the conditions for the provision of public services may establish a different procedure for notification of an upcoming restriction on the provision.
Important!
Send a notice of the introduction of the CG restriction not only to the owners, but also to persons actually registered and living in the apartment. Such an obligation follows from the definition of the term "consumer".
- Restriction and suspension of utility services for non-payment
When to start a utility restriction order
You can suspend the provision of utility services if, after ten days from the date the restriction was introduced, the debt has not been repaid. From January 1, 2017, you do not have to additionally notify about the suspension of the provision of CG.
If the house does not have the technical possibility of introducing a restriction, then without prior restriction, you can immediately suspend the provision of CG. In this case, the procedure for notifying consumers will be the same as for notification of a restriction. This follows from sub. "c" clause 119 of Regulation No. 354.
After the provision of the utility service is restored, you have the right to demand from the debtor reimbursement of expenses associated with the introduction of restrictions, suspension and resumption of such utility service (paragraph 121 (1) of Regulation No. 354).
Court practice related to the restriction or suspension of public services
Often in force technical features engineering networks, the suspension of public services is possible with the work in the debtor's apartment. There are problems with access to the apartment: the debtor refuses to provide it.
In this case, you have one option left - to apply to the court with a statement of claim to ensure access to common property located in a residential or non-residential premises, in order to carry out work to limit the CG.
Consider a few examples from the practice of limiting public services.
Example
Appeal ruling of the Moscow City Court dated October 16, 2015 in case No. 33-31242
Situation. The MA filed a lawsuit against the owners for an obligation to provide access to the residential premises in order to suspend the provision of the utility service hot water supply and sanitation.
Plaintiff's arguments. The defendants were repeatedly notified of the need to pay off their debt with a warning that if it is not paid, the provision of public services may be suspended. The defendants did not pay off the utility bills, they did not provide access to the engineering networks in the apartment to limit water supply services. They did not appear at the hearing.
The position of the court. The court found that the procedure for notifying the defendants had been observed. After receiving notices of debt, utilities were not paid, the owners prevent access to the in-house hot water supply networks.
Outcomes of the case. The court satisfied the stated requirements to provide access to the hot water supply system, consisting of risers, branches from the risers to the first disconnecting device located on the branches from the risers, the indicated disconnecting devices, hot water ODPU, the first shut-off and control valves on the outlets of the intra-apartment wiring from the risers. If there are structures in the living room that impede access to communications, the court decided to ensure the forced dismantling of these elements by the forces of the MA.
This solution is one of the most successful examples in judicial practice. The court indicated to which particular system and for the suspension of which utilities the debtor is obliged to provide access.
There are also refusals in the requirement to provide access to the dwelling for the suspension of utilities. For example, if minors are registered in the apartment.
- Suspension of utility services: some practical issues
Example
Decision of the Koptevsky District Court of Moscow dated June 22, 2015 in case No. 2-2094/2015
The MA applied to the court with a claim for an obligation to provide access to the residential premises in order to limit the provision of hot water supply and sanitation.
The court dismissed the claim, noting that minors were registered in the apartment, who do not have civil capacity in full and cannot bear the obligation to pay for housing and communal services on their own. Evidence alternative location residence of children is not presented to the court.
The court also concluded that in the event of the suspension of hot water supply and sewerage, the disputed apartment would lose the quality property of a full-fledged dwelling. Suspension of CG will lead to violation of children's rights. This conclusion was made on the basis of the technical features of the MKD structure.
The procedure for introducing a CG restriction from January 1 has become easier, and it is possible and necessary to sue debtors.
According to the housing code Russian Federation every homeowner or tenant is required to pay utility bills on time. Non-payers who have a large rent arrears can get a lot of problems. People who have debts on utility bills are waiting not only for the accrual of fines, but also for litigation. The debtor can turn off electricity, water and other resources. In the worst case, a person in debt is threatened with eviction for non-payment of utility bills. In order to figure out what kind of punishment will be applied in a particular case, it is necessary to study the current legislation of 2019, which spells out all the rules, duties and responsibilities for partial or complete non-payment of utility bills by citizens living in an apartment building.
New law on debtors for utilities
Every year utility bills go up. 2019 was no exception for citizens of the Russian Federation. At the beginning of last year, it was adopted new law on toughening liability for debtors to pay for housing and communal services. What the new law implies and what punishment is provided for persistent non-payers, we will consider later in the article.
If there is a debt for housing and communal services (rent): what will happen, what threatens, can they be evicted for debt, responsibility, punishment
How to collect debts from citizens living together with the owner or responsible tenant, under a contract of employment or social tenancy? If it is impossible to pay for a communal apartment by the tenant (owner), the plaintiff (representative of the resource supplying organization) has the right to recover the debt from any of the able-bodied persons living together with him. This is called joint liability.
- The management company or the organization involved in the supply of resources sends an appropriate notification to the address of the non-payer about the disconnection of utilities due to the debt;
- the company may partially or completely stop the supply of water, heating, gas or electricity if, at the end of the month, the citizen does not pay off the existing debt (usually organizations first turn off the housing and communal services partially and only then completely);
- subscribers are provided with special seals on metering devices both inside and outside the dwelling (they are removed only after the bills are paid).
Is the HOA entitled to turn off electricity for rent debts and in what cases
The restriction is introduced for a maximum of a month. If this measure fails and the debtor continues to default, the service provider must issue a third notice. In it, the consumer is notified of the termination of the supply of the resource until the debt is repaid.
The procedure for disabling or limiting such. First of all, the contractor must send a written warning (notice) to the consumer-debtor stating that in case of failure to pay the debt on payment of utility services within 30 days from the date of delivery of the notification, the provision of utility services to him may be first limited and then suspended. This notification is handed over against receipt or sent by registered mail, without fail with a description of the attachment. If during this period the debt is not extinguished, the contractor again warns about the introduction of restrictions or suspensions. Thus, this preliminary procedure lasts at least 33 days.
Debts on utility bills: law on debtors 2019
- For citizens - owners of residential premises, housing cooperatives and HOAs: from the 31st to the 90th day of delay, the penalty is set at 1/300 of the rate, from the 91st day - 1/130 of the rate.
Important! During the first month, penalties for non-payment of utility services individuals will not be charged in 2019.
- For consumers.
- For management companies.
Non-payment of utilities
But there are those who simply do not want to pay the bills. Elementary carelessness and hope for "maybe" contribute to the growth of debt exponentially. The law has become tougher, and in 2019 there are prerequisites for further tightening, because those who pay everything accurately began to suffer because of non-payers.
Power cut due to non-payment of rent
In order for the energy supplier to limit or turn off electricity in the debtor's apartment, the delay must be at least six months. But in addition to having a debt, you will also need to follow a certain procedure. In particular, the debtor must be notified.
Disconnection of utilities for non-payment
In addition to the tenant's debts, other grounds are established that allow the managing body to terminate utility services:
- the tenant independently, regardless of the decision of the housing authority, connects to engineering networks and provides himself with communal resources;
- the use of such devices, the power of which does not correspond to network loads;
- poor maintenance of apartments, which led to the occurrence of accidents and other malfunctions;
- non-payment, and it should not be less than the amount of the debt for three months.
The main provisions of the law on rent
In the case of utility payments, the statute of limitations is the time period during which interested persons or organizations can apply to higher courts to protect their own rights. It should be noted that the general statute of limitations for such relationships is 3 years.
Debts for an apartment in 2019: what consequences can you have
Since June 2019, the debt collection procedure for housing and communal services has been simplified. When submitting documents, the court makes a positive decision within 5 days without a public hearing. The debtor is given 10 days to cancel the court order - for this it is enough to write a statement indicating the incorrectness of the calculation or the groundlessness of the claims. In this case, the decision will be reversed and the utility will need to re-file the claim. After that, the case will be considered in general order calling on both sides.
Fighting debtors - non-payers of utilities, claims from the Criminal Code, Homeowners' associations
This is possible by notifying the owner of the apartment in advance, within 3 days. Those. a person is given the right to repay the debt in full. If the amount was not received or he did not appear at the HOA with a document confirming payment ( cashier's check, receipt), they have the right to turn off the electricity.
Utilities debt
According to paragraph 118 of the Resolution: If the consumer does not fully pay for all types of utility services provided, then the contractor calculates the debt for each type of utility service separately. And if the consumer partially pays for services, including for the maintenance and repair of residential premises, then the contractor divides the payment received between all types of services indicated in the receipt in proportion to the amount of each fee indicated in the payment document. The debt, in turn, is calculated for each type of utility service based on the partially unpaid amount.
Disconnection of utilities for non-payment
When, in the event of a shutdown, the apartments in the neighborhood, with common property, also suffer, the disconnected service must be resumed. The subscriber, with the exception of the amount related to the debt, will additionally have to reimburse the costs of disconnection. They are equal to about 6 thousand rubles and are usually added to the total amount immediately.
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