The expert explained how not to pay other people's housing and communal services debts

The sequence of re-registration of a utility personal account after purchasing a home

When purchasing real estate, it is very important to make sure that there is no debt for utilities. An extract by financial number will help with this. It shows what payments were made, when and for what amount.

Immediately after purchasing a home, the new owner needs to re-register the personal account of the property.

If real estate is purchased as shared ownership, then each owner must submit an application separately.

The personal account itself is a repository of information about the home, owners, payment history for housing and communal services and standards for the use of electricity, water, gas, etc. This accounting is carried out by the management company. She also re-registers it in the event of a change of owner of the property.

Algorithm of actions

According to Article 153 of the Housing Code of the Russian Federation, the new owner of the home has the opportunity to rewrite the personal account immediately after registration of documents on ownership. To do this, you should obtain an extract from the Unified State Register of Real Estate.

Immediately after completing the documents, you must contact the ERCC. This organization requires a report on the debt to the old owner.

After receiving all the necessary documents, the re-registration of the personal account begins. The algorithm for this action consists of the following stages:

1. Submitting an application to the ERCC to transfer the account to a new owner.
2. Visit to the management company to renegotiate the agreement for the supply of services.
3. Re-registration of documents.
4. Solving problems with installation/repair/refurbishment of meters. If the 3-year warranty period for measuring instruments has expired, service provider companies must provide specialists to test the operation of the equipment.
5. The HOA and the management company review the submitted documents. If the papers are in order, then the personal account is re-registered.

The entire process of considering an application to the HOA and management company takes from 3 to 5 days.

Required documents

Along with the application on behalf of the new owner, a package of documents must also be submitted to re-register a personal account.

These papers should contain information:

1. About the total area of ​​the apartment, number of rooms, floor.
2. About the house itself.
3. About comfort: the presence of centralized heating, hot and cold water supply, garbage chute, elevator, etc.
4. About the number of people living. Only registered persons are counted.
5. About available subsidies and benefits for paying for housing and communal services.
6. About the availability of gas, electricity, water meters.

The documents must also indicate the exact address of the home.

All necessary data can be obtained from the technical passport of the apartment.

In addition to the technical passport of the apartment, the following documents will be needed to re-register utility expenses for the new owner:

1. Application to the HOA or management company.
2. Passport and its copy.
3. Permissions from owners in case of purchasing real estate in shared ownership.
4. Documents for the owner's rights.
5. Donation agreement.
6. Contract of sale.

In some cases, they may additionally require a BTI plan, cadastral documents and a copy of the personal account.

To quickly transfer utility costs to the new owner, it is recommended to check the list of required documents with an authorized organization.

The application itself is written in free form, if there is no established form of the document.

Where to contact

When changing your personal account, you need to determine the structure that manages the house. This is what you turn to when submitting an application. This could be a management company or a homeowners association.

You can find out information about the management structure at the stands, which should be located near each entrance, or from the former owners of the property. By law, this information must be in the public domain, which means it can be easily found.

However, it is worth understanding that there are services that are not paid for through the HOA or management company.

In this case, we are talking about direct contracts between service providers and property owners. Typically these are contracts for the provision of television, Internet, communications or intercom services.

To re-register a personal account in this case, you need to provide a similar package of documents directly to the service provider organization.

Is it possible to re-register a personal account through the MFC?

Each district multifunctional center has its own specific list of services provided. This may include paying utility bills, providing an extract from the house register, and maintaining accounting cards.

However, it is impossible to re-register a personal account using the MFC.

The reason for this is the lack of information about utility bills in the unified state register. All data is stored directly with the companies providing the services. However, according to Law 153 of 2006, this information is classified as personal data and is subject to state protection.

As a result, the MFC can use data from the personal account, but not change it.

Debts of the previous owner

Advice from lawyers:

1. I was given a room in a hostel with debts. How can I avoid paying the debts of the previous owner?

1.1. You are not obligated to pay the previous owner's debts. Your obligation to pay arises from the moment of state registration. Article 153 of the Housing Code.

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1.2. Hello! You don't have to pay them. By virtue of the provisions of the Housing Code of the Russian Federation, your obligation to pay for residential premises and utilities arises from the moment of registration of property rights with the Rosreestr authorities.

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1.3. Hello. Contact the RSO with an application to take readings from individual metering devices. After which you will pay starting from recording the readings.

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1.4. Good day to you. You are not required to pay the debts of the previous owner, with the exception of paying for major repairs. Good luck and all the best.

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1.5. Hello Adele! You do not have to pay the former owner's debts, except for the debt on contributions to the capital repair fund. You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

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2. Good evening, tell me when I bought a home, I didn’t know about the debt for major repairs, can I not pay the debt of the previous owner?

2.1. Good evening, you will have to pay the debt of the previous owner, but you can then collect the debt from him in court if he voluntarily refuses to repay.

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2.2. Hello! You don’t have to pay the debt of the previous owner; the management company can collect it from the previous owner. Good luck to you and all the best!

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2.3. Hello! When the ownership of premises in an apartment building is transferred to the new owner, the previous owner’s obligation to pay the costs of major repairs passes to the new owner. After payment, you can demand this amount from the previous owner.

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2.4. Hello! You will have to pay the debt on contributions for major repairs, since the obligation to pay the debt on contributions passes to the new owner.

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2.5. Good evening. You will not have to pay for the previous owner based on Article 210 of the Civil Code. Have a nice pleasant evening.

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3. Debts of the previous owner of the garage - annual contributions to the cooperative. Should I pay for them?

3.1. You do not have to pay the previous owner's debts. If there are debts, they must be collected from the debtor - through the court.

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3.2. Hello! No, you are not required to pay membership fees for the previous owner. You are required to pay only from the moment you acquire ownership of the garage.

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3.3. If you have problems with GSK in connection with a debt, then you can pay it off and file a claim against the previous owner to recover unjust enrichment in the amount of the debt you paid for it.

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3.4. Hello, you shouldn’t, if the garage sale and purchase agreement does not contain a condition on the payment of contributions for previous years. Review the terms of your copy of the agreement.

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4. Do you provide legal services in the housing and communal services sector? Situation: the debt of the previous owner of the apartment for major repairs was discovered. He refuses to pay. Does it make sense to go to court with this? Thank you.

4.1. This is his duty. You have nothing to do with him.

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4.2. It makes no sense, since when the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building is transferred to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, due to clause 3 art. 158 Housing Code of the Russian Federation,

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4.3. Housing Code of the Russian Federation Article 158. Expenses of owners of premises in an apartment building 3. The obligation to pay expenses for major repairs of common property in an apartment building applies to all owners of premises in this building from the moment the ownership of the premises in this building arises. When the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, is transferred to the new owner, with the exception of such an obligation not fulfilled The Russian Federation, a subject of the Russian Federation or a municipal entity that is the previous owner of premises in an apartment building.

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5. I am the new owner of the apartment, can I remove the plug because the debts of the previous owner do not apply to me?

5.1. Hello! You cannot remove the plug yourself, but you have the right to submit a written complaint to the Management Company. If there is a refusal, then go to court.

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5.2. Hello, first you need to contact the management company with an application to divide your personal account before purchasing an apartment and after, the only type of debts for utility bills that pass to the new owner are debts for major repairs.

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5.3. Submit an application to the Criminal Code, they must collect debts from the previous owners Article 153. Obligation to pay for residential premises and utilities [Housing Code of the Russian Federation] [Article 153] 1. Citizens and organizations are obliged to timely and fully pay for residential premises and public utilities. 2. The obligation to pay for residential premises and utilities arises from: 5) the owner of the premises from the moment the ownership of such premises arises, taking into account the rules established by part 3 of Article 169 of this Code;

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6. I am selling an apartment, there are no debts on my personal account, but according to the purchase and sale agreement I took upon myself the responsibility to pay the debt of the previous owner, the debt for which was left on his personal account, the old owner is no longer alive, what should I do? Is it possible to pay off the debt later instead of now? And will this situation prevent you from selling your apartment?

6.1. This circumstance cannot be an obstacle to completing a transaction for the purchase and sale of an apartment. Questions about debt repayment should be discussed with the buyer of the apartment.

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6.2. Only the debt of the previous owner to pay contributions for major repairs is transferred to the new owner. And the debt on other items of the utility bill does not transfer to the new owner - that is, neither to you nor to the new buyer of the apartment. The condition in the sales contract imposing on you the obligation to pay the debt is simply an order that you have accepted and an account of which you can now give only to the heirs of the deceased former owner. The old debt does not interfere with the sale of the apartment.

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6.3. Good afternoon In this case, the law does not prohibit selling an apartment if there is a debt, so this situation should not interfere with you at all.

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7. My lights were turned off. I bought a house, called the energy supply company the next day, drew up a meter verification report with readings, and they successfully included the entire debt of the previous owners in my receipt.

7.1. Good evening Write a statement declaring the actions of the energy supply organization illegal. You do not have to pay the debts of the previous owners.

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7.2. Hello, the actions in this case are illegal, since you are not responsible for the debts of the previous owner, unless of course this is provided for in your purchase and sale agreement. File a claim. You can draw it up yourself or seek help from any lawyer. Good luck and all the best.

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7.3. Dear Margarita, file a complaint with the prosecutor’s office, indicate the date when you purchased this house, and that you should not be liable for the debts of the previous owner, ask for an inspection and turn on your electricity supply. Attach documents that confirm that you recently became the owner, and these debts are not yours. You can also go to court on this issue, good luck to you and all the best.

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8. Good evening, tell me how to check the car and the owner for fines, arrests, etc. remotely (via the Internet). to protect yourself when buying a car, and if I register the car in my own name, then in the future there can be no questions about the debts of the previous owner.

8.1. Based on the traffic police and the fssp.

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8.2. Hello. You can check the car on the traffic police website, as well as on the website of the notary chamber. The owner on the FSSP website..

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8.3. The owner on the bailiffs website A car by VIN number.

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9. Please, can bailiffs impose a ban on registration of cars because of my wife’s pension debts or because of the debts of the previous owner of the car when the car is already registered with me.

9.1. They can. The arrest can be lifted.

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9.2. can bailiffs impose a ban on registration of cars due to the wife’s pension debts? No, they cannot if the spouse is not the owner of the vehicle. due to the debts of the previous owner of the car when the car is already registered with me. Perhaps, to assess the legality of the actions, it is necessary to clarify a number of chronological events.

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9.3. A ban on registration actions can be imposed only in relation to the property of the debtor

. If you are not one, then taking such measures is unlawful.

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10. Does the debt for major repairs pass from one owner to another if the first one sold the apartment with the debt to another? Or does the debt of the previous owner still remain with him? Thank you!

10.1. Good afternoon The debt for major repairs passes from one owner to another.

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10.2. Yes, the debt is transferred to the new owner. 158 Housing Code of the Russian Federation - 3. The obligation to pay the costs of major repairs of an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises. When the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, is transferred.

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10.3. Hello.. Or does the debt of the previous owner still remain with him? This point can be discussed in the apartment purchase and sale agreement.. who will pay off the debts and how.. ** In general, the new owner is not obliged to pay off the debts of the period when he did not own the apartment.. But the housing department and the management company believe that that if the owner changes, then all obligations for the apartment pass to him... and it is the new owner who will be fooled...

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11. I'm going to buy a garage at GSK. The owner had a 2/3 share, paid off the debts on contributions for 2/3, and bought 1/3 of the share from a relative, but does not want to pay the debt for 1/3. What problems may arise for the new owner of the garage? Does the chairman have the right to demand payment of the debt of the previous owner?

11.1. No, he has no right. The new owner is liable for those debts that arise from the moment his ownership rights arise, not earlier.

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11.2. does the chairman have the right to demand payment of the debt of the previous owner? Of course, the chairman has the right to demand anything he wants. Another thing is whether to satisfy his demands - this is a personal matter for each “individual”. :sm_ad:

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12. I bought a garage in 2020, the accounting department accrued payment of the debt of the previous owner for 15,16,17 years. Tell me, are these charges legal and should I pay them?

12.1. Hello. No, you are not required to pay the debt for the previous owner.

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12.2. Hello. Illegal.

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13. Is the new owner responsible for the debts of the previous owner of the apartment? And what documents regulate this 'Information from the legal social network https://www.9111.ru was used'

13.1. For major repairs - responsible for the full amount. For utility bills - no. Sincerely.

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13.2. According to Articles 153,164, and 158 of the Housing Code of the Russian Federation, the new owner of the apartment is responsible only for the debt to pay contributions for major repairs. For debts for utilities, Article 154 of the Housing Code of the Russian Federation, the new owner is not responsible.

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14. We purchased a plot of land in SNT with debts from the previous owner for the payment of target and membership fees. We are ready to pay only the target fee for the installation of electricity poles along the street, which were installed in 2020. The chairman refuses (so far in words) to accept the SNT as a member and connect it to electricity and TD and TP. Is this legal? What should I do next?

14.1. I think the chairman is wrong. He has no legal grounds for refusal. According to Art. 12 of the Federal Law On the conduct of gardening and vegetable farming by citizens, admission to membership in the partnership is carried out on the basis of an application, the form of which is given in paragraph 4 of this article. They can refuse only on the basis of the list in paragraph 9 of this article, and the list is closed. Thus, there are no grounds for refusing to accept you as a member of the SNT.

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14.2. Thus, from a literal reading of the provisions of Law N 217-FZ, we can conclude that only the SNT member has the obligation to pay contributions. Only the legal holder, including the owner of a land plot located within the boundaries of the SNT, can be a member of the SNT. Accordingly, it is unlawful to demand from a person who acquired such a land plot and thereby received the right to become a member of the partnership to pay contributions for the previous owner (member of the SNT). Read more >>>

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15. Do I have the right to demand payment of the debts of the previous owners? Do they have the right to turn off the intercom for non-payment if the owner of the apartment has not entered into an agreement with the intercom service company?

15.1. You must re-register personal accounts in your name from the moment you acquire ownership of the apartment, and from that time you will be charged utility bills. The previous owner's debts are not your problem.

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15.2. You are not obligated to pay someone else's utility debt. This is the responsibility of the management company - to collect the debt or, if that doesn’t work, to write it off.

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16. SNT requires payment of the debts of the previous owner for 3 years, is it legal? They are afraid that if we don’t pay, they won’t conclude an agreement with us to connect electricity and water supply, and they won’t let us into the territory of SNT.

16.1. Elena, this is arbitrariness on the part of SNT. Say that you will write complaints to all supervisory organizations, and also file a lawsuit against them. Sincerely.

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16.2. Hello. NOT legal. The debts of the previous owner must be paid by the previous owner. Regarding the creation of obstacles in the use of common property, I advise you to bring the SNT board to its senses by filing lawsuits and collecting compensation for the costs of paying for the services of a representative.

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17. In 2020, I bought a car and registered it with the traffic police without any problems. And in 2020, the car was seized for the debts of the previous owner. How to remove an arrest? The previous owner is from another region.

17.1. Good afternoon. You need to contact the bailiffs with an application to lift the arrest; if they refuse (usually they refuse), you must lift the arrest through a judicial procedure.

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17.2. Unrealistic - arrest for debts of the previous owner.

... Specify
the date of registration
in your name and
the date of arrest
of the car
for the debts of the previous owner.
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18. The question is this. The regional capital repair fund offers to pay the debts of the previous owner of the apartment, citing Article 158, Part 3 of the Housing Code of the Russian Federation. But the debtor, the old owner of the apartment, was declared bankrupt by a court decision. I purchased the apartment at a bankruptcy auction from the KU. Within the framework of 127 Federal Law “On Insolvency” (Bankruptcy), all debts of the debtor are written off, including utility bills, as for the apartment. The question is whether I should pay capital repair debts for a bankrupt debtor. Thank you.

18.1. Hello! Unfortunately, you will have to pay these debts, since the debt for major repairs relates to the apartment. Therefore, the question had to be clarified when purchasing it. Good luck to you and all the best.

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18.2. The statute of limitations is 3 years and after paying the debt, collect it from the bankrupt.

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19. In 2011, Davydov sold his 4-room apartment with an area of ​​80 square meters. m. Nikitin. Nikitin did not check the utility debts of the former owner of the apartment. It turned out that the total debt amounted to 50 thousand rubles. The management company demanded that Nikitin pay the debt, otherwise it promised to take appropriate measures. Nikitin refused to pay the debts of the previous owner. What should the management company do to repay the debt owed to it?

19.1. According to the rules of the site, we solve problems for students on a paid basis.

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19.2. According to the rules of the site, we solve problems for students on a paid basis.

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20. The HOA obliges you to pay l. The debt of the previous owner from the new personal account does not provide.

20.1. Good afternoon Utility debts must be paid by the previous owner. Debts on contributions for major repairs are transferred to the new owner. Part 3 art. 158 of the Housing Code of the Russian Federation: The obligation to pay the costs of major repairs of common property in an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises. When the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, is transferred to the new owner, with the exception of such an obligation not fulfilled The Russian Federation, a subject of the Russian Federation or a municipal entity that is the previous owner of premises in an apartment building.

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20.2. Hello! You are not obligated to pay someone else's debt, so demand respect for your rights in the prosecutor's office or in court.

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Is it legal to impose a ban on registration of a car dated 03/29/2018 due to the debt of the previous owner, although the car was registered in my name on 03/16/2018

I bought an apartment in April. In the house of the HOA. The owners' meeting was held in March - where it was decided to pay a target contribution for 2020 in the amount of 5,000 rubles.

I bought an apartment, but the previous owner still owed rent.

When a new homeowner makes utility payments on himself

When purchasing real estate, it is in the interests of the owner to arrange a change of personal account as quickly as possible. From the moment the purchase and sale deed is signed, the new owner is immediately subject to obligations to pay for housing and communal services. From this moment on, it is he who is responsible for paying off rent arrears.

In case of prolonged non-payment, management companies can:

1. Conduct explanatory conversations.
2. Disable services.
3. Accrue penalties.
4. Forcibly collect a debt.
5. Evict.

Payment for housing and communal services accrued during the period of changing the personal account is accrued in the form of a debt to the new owner of the property.

The countdown of utility payments on a new personal account begins after the occurrence of one of the events:

1. Signing of the deed of sale by the parties.
2. Drawing up an agreement on the acceptance of housing.
3. Registration of property rights to real estate.

Payments for housing and communal services begin from the date of signing one of the contracts.

We bought an apartment with debts - what to do?

In practice, it often happens that utility service providers seek to assign housing and communal services debts to the new owner. At the same time, they refer to the fact that the debt is tied to the property, and not to the person who owns it.

It is worth remembering that this is not the case by law. Even if the previous owner is a close relative, his debts cannot belong to the new owner of the property.

To get rid of claims from utility companies, you need to follow the algorithm described below. After state registration of property rights, a request is sent to the management company (or HOA) to provide a personal account to pay for utilities. At the same time, current meter readings are provided. This will help prevent a situation where the debt of the previous owner is attributed to the current owner.

If the management company refuses to change your personal account, you must ask for the refusal to be in writing with justification of the reasons. It is recommended to recall Art. 153 of the Housing Code of the Russian Federation, which clearly states that the obligation to transfer payment for utilities arises from the moment when he becomes the owner of the property. That is, everything that happened in the apartment earlier does not concern him.

When employees of the management company persist, it is necessary to send a statement to the manager. The text of the document sets out the essence of the claim. In this case, it is necessary to make reference to Art. 153 LC RF and Art. 223 Civil Code of the Russian Federation. It is advisable to attach to the application a copy of the transfer and acceptance certificate and the purchase and sale agreement.

If there is also a refusal from the manager, you must complain to the prosecutor's office and the housing inspection. Applications to these authorities also outline the essence of the issue. In this case, written refusals from the employees of the management company and other documents related to the case are attached.

Remember, by law you are only obligated to pay contributions for major repairs. All other debts have nothing to do with the new owners.

Payment of utilities after the death of the owner

After the owner dies, the responsibility to pay the bills falls on two groups of people.

The first is people living (registered) in the apartment together with the former owner. They may be family members, but not heirs. After the death of the owner of the living space, they remain to live in the apartment.

In case of non-payment due to the fact of being at the registration site, it is they who will be sued by the management company. In this case, it will not matter that they are not the actual owners.

The second is heirs. They are appointed both by law and by will. By accepting the heritage, a person becomes the owner of the apartment. From this moment on, he is responsible for paying utility bills.

In cases where it is impossible to quickly identify an heir or there are no other people living with the former owner of the property, rent debt begins to accumulate. If the owner acquires the property, he will be required to pay off all accumulated debts.

Home inspection before transaction

Before signing a purchase and sale agreement, you should check whether there are any debts on the property. To do this, you can call the Management Company and find out all the necessary information. Usually it is provided without any difficulties.

If there are outstanding bills, then in accordance with the Civil Code of the Russian Federation, and specifically Article 391, you can draw up an agreement with the owner, which will indicate that he will assume the rent debts.

Another way is to take the receipts, and the owner must give them, and go to the housing and communal services department.

Registration of purchase and sale

Buying an apartment with debts is a fairly common occurrence. If the new owner agrees to pay the debts of the previous one, then an additional agreement must be drawn up.

It must be executed in the presence of a notary, and it must also be certified. If there is no such agreement, then the management company does not have the right to demand payment of debts from the new owner.

In the case where the sale of an apartment is carried out with debts, and there is no additional agreement, then the data from the metering devices must be recorded.

When signing the apartment acceptance certificate, you need to indicate the data from the meters. It is on the basis of them that payments for the provision of utility services will be made.

Here is a sample agreement for the purchase of an apartment with utility debts.

Payment of utilities by a third party, not the owner

Article 397 of the Civil Code of the Russian Federation states that the creditor has the right to entrust the fulfillment of obligations to third parties, as well as to demand that debtors fulfill obligations. Thus, in the case of renting real estate, the tenant can pay for utilities, however, only if the landlord has consent. To be on the safe side, it is advisable to have this consent in writing.

However, there are situations when payment for housing and communal services by a third party is impossible. For example, if the landlord enters into agreements on utility and maintenance of real estate with third parties and, subsequently, does not adhere to it.

In this case, the tenant, as a third party, can pay for housing and communal services only if there is a danger of losing his right to the debtor’s property (for example, the right to lease) due to the creditor foreclosure on this property.

Payment of debt by the new owner

The new owner can pay the debt at his own request. Often, buyers ask for a price reduction due to debt. An oral agreement with the apartment owner has no legal force.

Usually an agreement is drawn up with a notary, which states that the new owner undertakes to pay all debts.

The procedure for drawing up a contract in 2020 is no different from the procedure in 2020. It should be noted that such a decision is completely independent.

First, the buyer should inquire about the full amount of the debt:

1. To do this, it is enough to form a request to the Criminal Code.
2. After which you need to notify the management company that the owner of the property has changed. To do this, you must attach a copy of the purchase and sale agreement.

Receipt for major repairs

Despite everything, there is a fee for major repairs. If there is a debt on this receipt, then the new owner is obliged to pay it off.

According to the Housing Code, debts for major repairs are transferred from the old owner to the new one.

It should be noted that the receipt for payment for the service sometimes comes in a separate form and does not always have a clear interpretation. It can be quite difficult to clarify whether payment for the service has been made.

Therefore, you should ask the seller directly when the last time major repairs were paid for. You should also require confirmation - a check or certificate.

Payment of utilities for a minor owner

According to the legislation of the Russian Federation, the owner of an apartment in the event of an inheritance may also be a minor child. Lack of registration does not play a role in this situation.

After entering into an inheritance, the child is considered the full owner of the property with all responsibilities for paying utility bills. However, due to age, parents bear responsibility for the minor, including financial responsibility. They are the ones who undertake to pay bills for housing and communal services.

Do utility debts transfer to the new owner?

Current regulations oblige owners to pay for the provided utilities. This right arises from the moment they receive the property at their disposal. This can happen as a result of transactions of various types: inheritance, exchange, donation. Buying and selling is one of them.

In practice, quite often there are cases when the owner selling housing may have arrears in payments for utility services: gas, water, electricity, heat, household waste disposal, major repairs, maintaining frequency and order in common areas and in the surrounding area.

In such cases, a problem arises in signing an agreement between the management company and the new owner. The obligation to pay for utilities is determined by the rules of the Housing Code of the Russian Federation, specifically Article 153. Also, all issues related to the calculation and deposit of funds are reflected in the Decree of the Government of the Russian Federation of May 6, 2011 No. 354.

It concerns the procedure for the provision and payment for housing and communal services provided, including to homeowners. According to general rules, the obligation to pay for utility services arises from a certain moment. These include:

• Concluding a purchase and sale agreement, rental agreement, including social agreement.
• Moving into municipal or public housing.
• Transfer of premises from the developer to the shareholder.

That is, all of these situations arise from the moment a person receives the right to live in the premises.

However, ownership of real estate has its own characteristics. This is due to the fact that the rights of this nature are transferred to the new owner from the moment the information is entered into the Unified State Register.

That is, the date of conclusion of the purchase and sale agreement does not play a role in this case. The new owner will only then assume his rights only from the moment the relevant data is entered into the Unified State Register of Rights and the information about the previous owner is canceled. It was from this moment that the new

Payment by the owner of utilities in the absence of registration

According to Article 153 of the Housing Code of Russia, the owner is obliged to pay utility bills. This law also applies if there is no registration at the address of a given living space. However, the owner can contact the housing office with a request to turn off utilities and seal the apartment. This will significantly reduce costs.

If the owner has registration in another place, he just needs to contact the accounting department of the housing office for a certificate of payment of utility bills at the place of registration. This will allow the rent to be recalculated based on the actual number of people living.

Summarize

Now let's summarize what was said above. New residents who purchased an apartment with a “surprise” are not required to repay the payments of the old owners. The exception here is situations of voluntary acceptance of such obligations or debt for major repairs of a building. However, in legal practice there are cases where buyers disputed the “voluntary” payment of a debt that was incorrectly formalized in the agreement.

The legislation clearly states that the responsibility of the new home owner is only to repay the debt for major repairs of the building, so this point needs to be carefully checked even before transferring the entire amount to the seller

For these reasons, it is inappropriate to worry about paying off the arrears of old homeowners. From the point of view of the law, the buyer of real estate is obliged to pay bills only after actually taking ownership. Therefore, pressure and blackmail by utility services on such people is considered a violation of the law.

As you can see, studying basic laws will protect citizens from unpleasant life situations. Keep in mind that public utilities taking advantage of people’s legal illiteracy results in a loss of money and nerves. But a reasoned substantiation of one’s own position radically changes the matter in favor of the owner of the living space.

Transfer of utility debts

According to Art. 153 of the Housing Code of the Russian Federation, when the owner of the property changes, all rent arrears are assumed by the new owner of the apartment.

To protect yourself from unnecessary expenses, it is recommended that before signing a purchase and sale agreement, obtain a certificate from the HOA or management company about the absence of debts. The management structure must provide this information upon request.

It is also recommended to check the readings of all meters and compare them with the data from the certificate of the HOA or management company.

If a large debt is discovered from the previous owner of the property, there are several options for solving the problem:

1. The debt was discovered before the sale and purchase deed was signed. In this case, the potential buyer does not risk anything. He may refuse to purchase living space or wait until the current owner pays off his debts.
2. The debt was discovered after signing the papers to purchase the apartment. In this case, the new owner must independently pay off all debts for housing and communal services. However, he can then sue the previous owner of the property and request a refund.

It is also possible to renew the contract. In this case, the new owner of the property submits a statement to the management company that since the purchase of the apartment he has no debts. In addition to the application, a certificate confirming ownership is also attached.

What the law says

In accordance with paragraph 3 of Art. 30 of the Housing Code of the Russian Federation, the owner of the residential premises is obliged to maintain it. In Art. 153 of the Housing Code of the Russian Federation establishes a requirement for payment of utility services, in particular: contributions for major repairs, payment for the use of electricity, water, gas, etc.

In Art. 223 of the Civil Code of the Russian Federation determines that ownership of real estate arises at the moment when the previous owner transferred it to the current owner in the manner prescribed by the norms of current legislation. In this case, it does not matter on the basis of what transaction the property was transferred (purchase and sale, donation, etc.).

Thus, we can conclude that utility debts remain on the conscience of the previous owner. After all, if the right of ownership arises only after the transfer of property, then the responsibility for paying utility bills appears starting from that time.

However, in paragraph 2 of Art. 158 of the Housing Code of the Russian Federation states that payment of contributions for major repairs is the responsibility of all residents without exception (in other words, per apartment). This means that when the owner changes, the debt on contributions for major repairs passes to the new owner.

So, it turns out that the new owner of the apartment has nothing to do with the debt for utilities. In this case, the debt on contributions for major repairs falls entirely on the person who currently owns the apartment.

Refusal to rewrite a personal account

The only legal option for refusing to re-register a personal account to a new home owner is the absence of all the necessary documents. Even the presence of rent arrears cannot serve as an argument in favor of refusal.

If the management company refuses re-registration for no reason, the property owner can file a complaint in court. In a consumer protection claim, the injured party may also include demands to pay legal costs, as well as compensation for moral damages.

If it is proven that there are no legal reasons for refusing to re-register a personal account, the court will fully satisfy the claim and support the owner of the apartment.

How to prevent troubles?

It is worth considering the behavior of the buyer, which will provide an opportunity to avoid various unpleasant situations and improve the situation if the new owner has become a victim of an unscrupulous seller. Timely actions taken will allow you to get rid of unpleasant complaints coming from utility service employees.

Checking the status of utility bills

Before concluding a transaction, the buyer is required to check the actual status of the seller’s accounts; it is important to request the appropriate certificate even before concluding the purchase and sale agreement. Before making a transaction, you must obtain a certificate regarding the complete absence of debt for utilities. This will allow the new owner not to become a victim of a dishonest seller.

A certificate regarding the status of utility bills is issued by the HOA or the EIRC. An important point is the fact that the validity period of such a document is only 10 days. When receiving this document, the buyer must pay attention to the date of its preparation. You can also always check your accounts online. These could be websites of utility service providers and official portals of management companies and homeowners associations.

Critical debt is necessarily reflected on the FSSP website. This is quite easy to check.

If there is a serious debt on utility bills, litigation is inevitable, and all this is automatically reflected on the bailiffs website. The act of acceptance and transfer of housing must reflect only real meter readings. This will allow you to have real evidence on hand to effectively argue your own position in the process of possible proceedings with public utilities.

Separation of personal accounts in an apartment

In case of purchasing real estate in shared ownership, an individual personal account is issued for each owner. Thus, you can open more than 2 accounts in parallel for one apartment. In this case, receipts also come separately for each owner.

The consequence of dividing the facial number will be:

1. The emergence of separate accounts.
2. Separate payment of utility bills.
3. Separate certificates of ownership.

In the future, payments will only be made using personal receipts.

However, all existing debts that will be accrued before the division of personal accounts will remain and will be shared.

Payment for housing and communal services in the case of division of a personal account can be made in several ways:

1. Dividing the rent into several components. Concluding an agreement to assign a specific service to each person (gas, water, electricity) and full payment for it.
2. Payment as a percentage. Dividing the full cost of housing and communal services among several owners depending on their share.
3. Payment for specific rooms or meters.

When paying for rooms, there is a risk of refusal when one of the premises is not suitable for permanent residence. This problem can only be resolved in court.

Property owner rights

The owner of a residential premises, in accordance with the Civil Code of the Russian Federation, bears the burden of maintaining the property, which implies the obligation to timely and fully pay for utilities.

Paragraph 2 of Article 154 of the Housing Code of the Russian Federation reveals the composition of the necessary payments with which the homeowner is burdened:

• payment for the maintenance of common property in the house - payment for services for managing an apartment building;
• contributions for major repairs;
• payment for utilities supplied directly to residential premises.

In order not to discover an unexpected debt after the purchase, it is advisable at the stage of preparing the transaction to ask the seller for a certificate of absence of debt. It can be obtained from an HOA, housing cooperative or management company.

Utilities are provided to the person, not the premises, therefore the Housing Code of the Russian Federation establishes the rule that the new owner is not liable for the debts of the apartment seller.

All amounts accrued earlier, during the period of ownership of the previous owner, have no relation to the buyer of the apartment. There are two exceptions to this rule.

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1. This rule does not apply to contributions for major repairs. In accordance with paragraph 3 of Article 158 of the Housing Code of the Russian Federation, the debt for such contributions is automatically transferred to the new owner;
2. The debt for any payments can be transferred based on an agreement concluded between the buyer and seller. The transfer of debt requires special written confirmation and is not considered legal without the will of both parties.

If, at the conclusion of the contract, the buyer is already aware of the existence of debts, a condition should be included in the text of the purchase and sale agreement stating that the purchaser of the apartment is not responsible for them and these debts cannot be transferred to him.

Collecting old debts is the problem of the management company, not the new owner. If a company refuses to open a new personal account or applies sanctions—cuts off the supply of utilities—its actions are subject to challenge. The new owner should take the following measures:

1. Obtain an official written refusal from the management company outlining the reasons for the refusal.
2. Send a complaint to the Housing Inspectorate - the state control body for maintaining the housing stock. Based on the complaint, the inspectorate is obliged to conduct an inspection; as a result, the management company may be held administratively liable.
3. If an appeal to the Housing Inspectorate has no effect, you can send a request to Rospotrebnadzor, a body that monitors the quality of services provided to the population, to sort out the situation. Since the activities of management companies are to serve the population, they are subject to the provisions of the law “On the Protection of Consumer Rights” and the jurisdiction of Rospotrebnadzor.
4. If Rospotrebnadzor turns out to be powerless, there are grounds for contacting the prosecutor’s office to check the legality of the company’s actions, and then going to court.

Let's start by examining the question of whether the new owner must pay rent arrears. After all, if you follow the law, the need for payments arises only in situations with the purchase of living space, where a certain amount of arrears has accumulated for major repairs of the building or when the tenant voluntarily volunteered to pay the arrears to the utility companies. Although management companies freely interpret the provisions of the current legislation and “pressure” the new owners, threatening to sue.

The new homeowner has the right to refuse to repay someone else’s debt, unless the purchase and sale agreement provides for other conditions

Let us note that in such situations it is inappropriate to succumb to blackmail by the utility office - the law is entirely on the side of the new home owner. Rent debts from the previous owner of the apartment remain a problem for the seller - after all, the amount is listed on the personal account of this person. Here, the buyer has the right to notify utility services of his unwillingness to pay other people's payments by attaching to the letter a copy of the agreement on the date of entry into ownership.

Of course, HOA representatives shift the responsibility for paying off the arrears to the new owner as much as possible - after all, in such situations, the utility organization becomes the debtor to the direct supplier of resources or services. Let us note that for people who do not intend to waste time on litigation, it is advisable to independently inform the previous owner of the living space about the requirements of the HOA employees, although this is not the responsibility of such residents.

In such situations, it is appropriate to negotiate with the seller who pays the accumulated debt and under what conditions

Stalemate situations, when the management of a housing office flatly refuses to sign an agreement on the supply of services to a new tenant, are appropriate to resolve in court. However, it is appropriate here, even at the stage of preparing the transaction, to check the correctness of the papers provided by the former owner and make sure that the debt on utility bills when the owner changes will be paid by the old owner. Such actions will save buyers from problems in the future.

Problems with the management company

In any case, the new owner must enter into an agreement for the provision of utility services. You will also need to open a personal account, because the old one will not be re-registered automatically.

Management companies usually begin to remember the debts of the old owner when concluding new contracts. The new owner has every right to “send” the management company to the previous owner, since he is not obliged to pay debts.

If the management company continues to insist on paying debts, what should you do in this case? To begin with, you can simply ask not to issue payments.

To support the request, you need to write it on paper and additionally attach an agreement on the purchase and sale transaction. It will not be superfluous to attach data from metering devices.

As a last resort, you will have to contact the prosecutor's office or go to court.

It should be understood that demands to pay the debts of the previous owner are illegal.

That is why you can safely ignore the management company and pay only your bills. In this case, the management company will not be able to do anything.

Problem solving options

The most common way to obtain information about the status of the rent account is to request it from the seller. However, it’s no secret that these days you can get any certificate illegally, including from the HOA about the absence of debt. As a result, after the transaction is completed, the new owner receives notifications with huge amounts of debts for housing and communal services.

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If this happens, there is also a way out. Firstly, it is possible to apply to the housing department to write off the debt, since it was not created by the new owner. Secondly, file a lawsuit for falsification of a document - a certificate and receive compensation for moral damage.

If the Criminal Code refuses to formalize the relationship, you should go to court for help. In such a situation, the new owner will be justified. Despite the fact that you will have to make some efforts, incur time and financial costs, there is no other way out.

Attention! When checking the accounts of the old owner, close attention should be paid to the presence/absence of debts on contributions for major repairs. By law, they become the responsibilities of the new owner of the home.

To avoid problems, before making a transaction, it is important to check the actual status of the rent account and document the meter readings at the time of concluding the contract. If an agreement is reached, the obligation to close the debt can be assigned to either party: both the seller and the buyer.

Purchasing a home requires proper execution of papers confirming the transaction. Remember, the debt for the apartment from the previous owner darkens the life of the new owner - after all, utility services insist on full repayment of this amount.

Buyer actions

A home buyer can protect himself from illegal actions of the management company not only through correspondence. A person has the right to contact the head of the management company personally and resolve the dispute during negotiations. In this case, your position can be justified by the former owner’s refusal to repay the debt, the new owner’s misleading, as well as the old owner’s refusal to enter into agreements or give written obligations to pay for housing and communal services. A person also has the right to file a complaint with a higher management body of the Criminal Code or a government agency that carries out the functions of supervision and control in the housing and communal services sector.

The owner may face more serious methods of pressure from the management company, for example, cutting off services. In this case, it would be correct to contact the prosecutor’s office, since there is evidence of a crime. A person can resolve the issue of resuming the supply of services in court, while collecting compensation from the management company for damage caused, including moral damage. The previous owner may also become a defendant in a recourse claim.