Rent calculation
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Government Resolution No. 354 is the main document by which this issue is regulated. The document contains a lot of wording that is difficult for ordinary citizens without legal education to understand. The exact fee for each service is included in the receipt.
The general list of services is approved at a meeting of all owners of an apartment building; management companies cannot make changes at their own discretion.
What is included?
The standard lists of utilities and fees for them include the following items:
- Organization of major repairs.
- Costs of maintaining common property.
- Water drainage.
- Supply of hot and cold water.
Problematic situations are encountered more often by those who have organized calculations based on resource consumption standards.
When can a claim for utility bills be filed?
Despite the obviousness of the situation with non-payment of utility bills, situations are different. For example, you sold an apartment without debt, but did not have time to register the contract. Or, under a rental agreement, they transferred the apartment to another person, who was obliged to fulfill the requirements of the law himself.
As a general rule, a claim is filed in the name of the owner (according to the certificate of ownership) or the tenant (from the moment of actual occupancy). If the housing belongs to several persons, and there is no agreement or court decision on the division of the personal account, the co-owner is also involved in the case.
When arrears arise on utility bills, residents are notified in writing. This will allow the creditor, if such a dispute is resolved in court, to prove the time and date of notification of the debtor about the debt.
A statement of claim for utility bills is submitted to the district (city) court at the place of actual residence of the defendant, if the amount of the debt is more than fifty thousand rubles. If less, the claim is brought before the magistrate of the relevant court district.
Illegal charging of utility bills
If the management company itself or the center responsible for this refuses to recalculate, it is considered that a violation has been committed. The rules are violated, even if there are documents confirming almost all calculations.
Illegal charging for heating is another common situation. The maximum number of events is once every 12 months.
In addition, other situations often occur:
- Participation in a targeted program for major home repairs.
- Residents contributed 5% of the cost of repairs, but even after that they continue to receive additional bills.
Consideration of requirements for utility payments
During the trial, the defendant may file an objection to the claim, which argues his disagreement with the claims. In cases where the defendant has claims against the plaintiff, he has the right to file a counterclaim at any time before the court makes a decision. Carefully study the documents confirming the authority of the management company and the established tariffs for consumed utility bills. Calculation of payments for housing and utilities must be detailed and motivated.
Who should be involved? Firstly, the owner (tenant) of the property is the main defendant. His family members are co-defendants. And even a former family member who retained the right to use the housing. That is, the owner (tenant) can file an application with the court to involve co-defendants in order to distribute the debt on utility bills.
Where to complain?
The local housing inspection and court are the bodies that are responsible for considering such issues. Payment center specialists will help you make changes to receipts for the use of relevant resources.
Decisions are made by specific officials. Therefore, administrative penalties are not always effective. The first optimal step is to contact the organizations that provide the calculation.
Read about restructuring debt on utility bills. How does registration affect utility bills? See here.
To the management company
At the first suspicion of illegal payments and charges, you should immediately contact representatives of the management company. It is its specialists who process the primary documentation, according to which any settlements are made with residents.
The applicant must try to ensure that every point in connection with which questions arise is explained to him in the documents.
But ordinary citizens are often not familiar with the specifics of the formulas used for payment. Therefore, even such explanations are not always effective. It is much more convenient to receive clarification in simple written form.
The citizen draws up a special application where he indicates his data. After this, the essence of the complaint is detailed:
- Link to the numbers indicated on the receipt.
- Comparison with real facts and events.
Residents often express disagreement that payments were made regularly, but repairs and maintenance of the house were never carried out. Or when the management company refuses to recalculate, although the services were clearly provided at a low level of quality.
At the end there is a signature with the date. It is better to use the form of registered letters with acknowledgment of receipt.
To court
If the previous option did not bring any results, then litigation cannot be avoided. Statements of claim are filed at the addresses where the defendants reside. In practice, such cases are rarely considered in less than two months.
Copies of the following documents must be attached to the claim:
- Receipt for payment of state duty.
- Copies of statements and decisions made earlier.
- Receipts for paying utility bills.
- Documents for the property with the establishment of rights.
Samples of statements of claim for the collection of utility bills
To prove the correctness of your claims, you will need to fill out the appropriate form and support it with documents.
The details contain:
- Name and address of the judicial authority, including arbitration or magistrate. They adhere to the principle of territoriality.
- Last names, first names and patronymics of two parties and a third party, along with residential address.
- The main text from the applicant, which determines his status and puts forward legal claims. Services must be paid for, which is the direct responsibility of the owner, family members and tenant.
- The amount of debt and the breakdown by month, proving the frequency of payment and the participation of the defendant.
- Legal provisions defining responsibilities, accrual rules, structure and deadlines for payment, sending notices and going to court.
- Requests for debt collection, indicating the terms and amount, excluding legal costs.
statement of claim for collection of debt for utilities
application for recalculation of utility bills
statement of claim for collection of debt for utilities
As a supplement, a document with the plaintiff’s bank details is attached, along with calculations of the amount of debt, certificates and copies of notifications.
An authorized representative will be able to represent the interests when the notarial paper is drawn up.
Are there any fines?
There are fines for incorrect calculation of utility bills, but their payment requires a violation of the standard procedure. A citizen can count on the fact that transfers for the following months will be reduced in the amount of the overpayment. Such information is reflected in new receipts received by the apartment owner.
The management company must pay fines for at least two months after the citizen applies for consideration of the issue. If there is a judicial act, then the excess is paid until the debt is eliminated.
Statement of claim for utility bills - nuances of consideration
Receive a statement of claim for utility bills and check whether the statute of limitations has expired. According to Article 200 of the Civil Code of the Russian Federation, the calculation of such a period begins from the day when the person learned of a violation of his right. Of course, for a management company this period will be the 11th day of each month after non-payment of payments in full. The statute of limitations is three years. Moreover, this period is calculated for each monthly payment.
Keep in mind that only the owner is responsible for paying for the maintenance of the residential premises and contributions for major repairs. If the apartment belongs to a minor, both parents are responsible for paying for it. Regardless of the fact of cohabitation.
If, as a result of the resulting debt, accrued in accordance with Art. 155 of the Housing Code of the Russian Federation, the penalty is excessive, ask for its reduction on the basis of Art. 333 Civil Code of the Russian Federation. It is best to prepare such a request in writing.
A court decision based on the results of consideration of a claim for utility payments is subject to forced execution, including by foreclosure on the debtor’s property and on funds placed in his name in a banking organization.
Clarifying questions on the topic
The apartment is municipal, I am the tenant, my brother is registered. There are no family relations. He filed a claim against me regarding the payment procedure, a decision was made for 1/2 accordingly. I do not live in the apartment, I provided statements about treatment in another city, I do not work, I am dependent on my wife. How to divide the amount of debt? Since he does not give evidence and there are video recordings that strangers live in the apartment.
The absence of a tenant at his place of residence does not relieve him of his obligations to pay for housing and utilities. If there is a court decision on utility payments, it must be executed, regardless of whether you like it or not. The way out of this situation is for you to terminate the rental agreement and deregister this apartment, then no one will demand payment from you.
This is important to know: What documents are needed to collect child support?
Help me competently draw up an application to the court to write off the debt to pay for the “Major Repair” service for over 3 years.
When claims are made against you for debt collection, you have the right to claim the statute of limitations. Such a statement is drawn up according to the following model: statement on the application of the statute of limitations.
Hello, we are filing a claim in the magistrate’s court to recover utility bills from the debtor in the amount of 25,756.51 rubles. and penalties 7.91 rub. How much do you need to pay state fees? Thank you, I'm really looking forward to your answer.
When calculating the state duty, it is convenient to use the calculator: State duty calculator. In your case, you need to add up the amount of debt and penalties. The state duty is calculated based on the resulting claim price. The application is submitted to the magistrates.
Tell me, if the debt for utilities was purchased by the individual entrepreneur and it has been hanging on me since 2013. Can I cancel the order through the court? And what should I base it on? I currently have two children and have never lived in this premises?
You need to appeal a court decision to collect a debt from you with which you do not agree.
The energy supply company has a claim against me regarding debt payment since 2010. I do not recognize this debt. I pay for services regularly and on time. What form should be used to apply to the court to apply the statute of limitations? Apply to the district court or magistrate?
You can declare the application of a statute of limitations only in response to claims filed against you in court for utility payments. If you don't recognize the debt, just don't pay it.
I haven’t had a home for 5 or 6 years, but they are charging me for my utility bills. And the house has already been demolished. I was registered there before. All neighbors were given apartments since the house was demolished. but they didn’t give it to me and they are still charging me the debt. I have 2 minor children, I raise them alone, I do not receive child support. How should I deal with such a situation?
You did not write a question about how the debt is calculated from you. Most likely, by a court decision in a lawsuit to collect utility bills from you. In this case, the debt will have to be repaid in full.
The housing cooperative-on management organization included in payments for housing and communal services the following items and tariffs: “Improvement”, “Other expenses”, “General house needs”, doubled the “management services” without their approval by the boards and general meetings of owners/members of apartment complexes/housing cooperatives . Who will be the Defendant: the housing cooperative or the management organization or an official of a legal entity - the chairman of the board of the housing cooperative.
Name the housing cooperative and the management company as defendants. This will prevent them from referring to each other without evidence. In this case, officials cannot be defendants.
Tell me, you bought an apartment, I didn’t see any debts (the sellers cut off the debt column in the overhaul, I realized this later). Regarding the debt, they told me verbally that they were not going to pay. we have a purchase and sale agreement drawn up and signed by a notary, which states: clause 3.3: in case of discovery of any debts associated with the alienated property, the sellers are obliged to repay them at their own expense. Further clause 4.3: in case of non-fulfillment or improper fulfillment of this purchase and sale agreement, the seller and the buyer resolve it in accordance with the law of the Russian Federation. Is there a chance to win the trial?
You have no chance of winning a lawsuit to collect debts for major repairs. These are the debts of the apartment sellers to the housing and communal services, and not to you. Let them figure it out for themselves. This has nothing to do with you. Your accruals begin only from the moment your ownership of the apartment is registered.
Hello! Who should be listed as a defendant in the header of the statement of claim for the division of payments for utility services between me and my ex-husband?
Since the demands are made against the ex-husband, he will need to be named as the defendant.
Help me competently draw up an application to the court for the division of accounts. It’s like I pay the rent, but my two brothers don’t pay the rent. How can you write an application without them? And they do not live in this apartment for several years.
Such a sample (about the personal accounts section) is available on our website. Use the search. Perhaps in your situation it is necessary to resolve the issue of recognizing the brothers as having lost their rights to housing. Look at the relevant materials on our website.
About risk cases and exceptions
There are only a few types of circumstances in the event of which management companies are exempt from fines. For example, if it is proven that the consumer is at fault for incorrectly describing:
- Number of consumers.
- Living space area.
- Meter readings.
Liability is also excluded in the situation where it was possible to eliminate the violation before the occurrence of the following events:
- Contact the consumer and make an advance payment.
- Citizen's appeal.
- Making full payments for utilities.
The management company should be held accountable in court if it voluntarily refuses to recalculate or pay additional fines. If the decision on the claim is positive, the court may recover up to 50% of the payments in favor of the plaintiff.
The assignment of payments is considered illegal when there are no prescribed ones, or if the owner dies. Rights and obligations end with death. The new owner must also contact the employees of the Management Company to have a recalculation carried out.
Find out how to reduce your utility bills. What is the repayment period for utility debt? Information here.
Is it possible to pay utility bills directly to suppliers? Details in this article.
If the court does not side with the plaintiff, the decision can be appealed. For this purpose, a special complaint is drawn up - an appeal sent to higher authorities. The complaint must be completed and filed no later than one month after the initial decision was made. The main thing is that the document describes in detail the basic information related to the case.
It is recommended to regularly check whether utility bills have been calculated correctly. Calculations are easy to carry out independently, knowing the current housing and communal services tariffs.
To do this, you can contact the management company. This is the legal right of every citizen who pays utility bills. Even minimal mistakes can lead to serious problems in the future.
Obligation to pay housing and communal services
Obligations to pay rent concern a whole range of people and are prescribed in several legislative acts.
Most often, one or another article of the housing code is used:
- From the moment of registration in the state register, the owner must contribute funds for the maintenance of common property (Article 30) and pay utility bills on time. Article 30. Rights and obligations of the owner of residential premises
- The rules for the provision of services (Article 153) confirm the full amount of payment by both the owner and the tenant of the property. This is usually associated with a social tenancy agreement.
Article 153 . Obligation to pay for housing and utilities - A register of services has been defined (Article 154), which must be paid monthly and on a one-time basis when major repairs need to be made. Article 154. Structure of payment for residential premises and utilities
- The deadline for depositing funds has been established (Article 155). 10 days of the next month are allotted to make the payment. This is why it is so important to report meter readings on time.
Article 155 . Payment for housing and utilities - The same article provides for the rate for penalties. It will begin to accrue monthly if another 30 days have passed since the payment deadline
. For the first three months it is one three hundredth of the refinancing rate established by the Central Bank. After four months we will talk about 1/130.
There is another fundamental point that affects not only the owner:
- Responsibility for obligations is partially borne by legally capable relatives of the owner registered in the apartment (Article 31). Family members include husband or wife, children and parents, dependents and close relatives. They must do their part and ensure that payments are made on time.
Article 31 . Rights and obligations of citizens living together with the owner in residential premises belonging to him - This provision is supported by the Civil Code (p. 323). If the owner, together with family members, has incurred a debt, then the creditor, represented by the managing body, will be able to demand repayment of part of the debt from any tenant.
Article 323 . Rights of the creditor in case of joint and several liability - Guaranteed free movement of citizens throughout the country does not relieve them of the need to obtain temporary registration when they live for more than 3 months in another city or region. Registration equates them to family members and imposes an obligation to pay for all services, which is prescribed in government decree (No. 713).
- For minor children, only their parents or guardians bear financial responsibility. This happens in accordance with the family code (Article 80). Article 80. Temporary residents
Certain acts affect methods of influencing persistent defaulters, which threatens not only with penalties.
The absence of a positive result will lead to the fact that a sample statement of claim for the collection of utility bills will be filled out and the consideration will move into the scope of litigation.
Sample statement of claim for collection of utility bills
