Debt for housing and communal services. The Supreme Court explained how to pay receipts if there is a debt!

Housing and communal services in Russia

If the consumer partially pays for utilities and services for the maintenance and repair of residential premises provided by the contractor, then the contractor divides the payment received from the consumer between all types of utilities specified in the payment document and the payment for the maintenance and repair of residential premises in proportion to the size of each payment specified in payment document.
In this case, the contractor calculates the consumer's debt for each type of utility service based on the partially unpaid amount. a) the contractor in writing sends a warning (notification) to the consumer-debtor that in case of failure to repay the debt for payment of a utility service within 30 days from the date of transmission of the specified warning (notification) to the consumer, the provision of such utility service to him may first be limited, and then suspended or, in the absence of the technical possibility of introducing a restriction, suspended without first introducing a restriction. The warning (notification) is brought to the attention of the consumer by handing it over against signature or sending it by registered mail (with a description of the attachment);

Interaction with bailiffs

If enforcement proceedings have nevertheless begun, you should not hide from the bailiffs. The debtor can provide them with documents about his financial situation, as well as receipts for payment of utility bills (if they have been paid to any extent recently). In this way, it will be possible to prove that the citizen does not refuse to repay the debt and is doing everything in his power to do this.

Such arguments will help to agree with the executors on installment payments or deferment of debt repayment. In addition, these actions will avoid the seizure of bank accounts and the dissemination of information about the debt at the debtor’s place of work.

There is a debt for housing and communal services, but I partially pay it off

• The defendant admitted the claim brought against him.
• The defendant partially paid this debt.
• With the permission of the defendant, a contribution was made towards the debt by another person.
• Part of the amount imposed on the debt by sanctions was paid.
• The defendant signed any documents confirming his debt to public utilities.
• The defendant previously declared recognition of this debt and made payments on account of it for the previous period.
• An agreement on deferred or installment payment was drawn up.
• Amendments were made to the agreement between the tenant and the management company, which indicated the recognition of the debt by the defendant.
• In most cases, legal protection for the utility debtor will be provided by the court in full and regardless of any reasons on the basis of Article 199 of the Civil Code.

When paying off a debt, we must not forget about making timely payments on current receipts. The management company may terminate the contract unilaterally if the debtor does not make payments on time or is late in paying the current debt. Consequences of debt The consequences of rent debt are as follows:

Calculation of penalties

In most cases, the minimum debt does not have negative consequences for the tenant, since even at the legislative level it is understood that a delay of 30 days can occur for objective reasons and without the fault of the utility consumer. But failure to pay payments for the second and third months is already similar to a systematic failure to fulfill one’s obligations, which, of course, already entail certain sanctions, in particular the accrual of penalties.

So, by virtue of Part 14 of Article 155 of the Housing Code of the Russian Federation, starting from the 31st day, the debt amount is subject to a penalty in the amount of 1/300 of the refinancing rate for each day of delay. Moreover, if the debtor continues to ignore payments with debts after three months, more stringent measures are applied, which consist of increasing the amount of the penalty to 1/150 of the rate for each day starting from the 91st day of delay.

There is a debt for housing and communal services, but I partially pay it off

How can I pay off rent arrears in installments? No matter what difficult life situations you encounter, first of all, you should not aggravate the situation and add wars with the management company to the total number of problems. Therefore, of course, it is worth paying your bills on time. But, if suddenly you cannot pay your bills on time, you need to take action immediately.

• In exceptional cases, the debtor's apartment may be put up for auction to pay off rent arrears. Then the state is obliged to provide the owner with living space of at least six square meters per person in a dormitory or in a communal apartment. After the apartment is sold and the debts are paid, the remaining funds are returned to the debtor.
• Rent debt: what to do What to do if you suddenly find that your utility debts are too high? First of all, don't panic.

We recommend reading: Website of bailiffs of the Kemerovo region, find out debts

I have a housing and communal services debt that I am paying partially, will they let me go to Turkey with a voucher?

In accordance with Part 4 of Art. 8 of the Federal Law of December 29, 2016 389-FZ "On amendments to the Code of the Russian Federation on Administrative Offenses of the Russian Federation" On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony"

In accordance with Art. 42 of the Law on the Protection of Consumer Rights, a consumer to whom a product of inadequate quality is sold, determined by the readings of a metering device, the warranty period is calculated from the date of issuance of the examination to the consumer, including goods concluded in an electricity contract, unspecified requirements for the quality of goods (work, services) in accordance with its intended purpose.

What to do if you have nothing to pay a large debt for an apartment

No matter what difficult life situations you encounter, first of all, you should not aggravate the situation and add wars with the management company to the total number of problems. Therefore, of course, it is worth paying your bills on time. But, if suddenly you cannot pay your bills on time, you need to take action immediately.

1. The first, the simplest and most reliable, is to contact the Housing Office directly, where they will tell you at your address the exact amount of debt and accrued fines (penalties).
2. If you don’t have time to stand in line at the housing office, there is a way to get information via the Internet. To do this, you need to go to the website of your management company and log into your personal account.
3. There are also banks that provide payment services for housing and communal services. You will have to register, which will take no more than 10 minutes, and gain access to your personal account. Using this method, you can not only find out the amount, but also make payment immediately.

Methods for checking and paying debts for housing and communal services in Moscow, Moscow Region and St. Petersburg

Organizations that supply goods in the form of water, electricity and heating, and also service apartment buildings, must promptly enter data on the amounts for services into the general information system.

GIS on a state scale is a link between housing and communal services, management companies → consumer → banks.

The Ministry of Mass Communications of the Russian Federation chose Russian Post for these purposes. Those who wish to familiarize themselves in detail with the regulations on the operation of the state information system (GIS) can read Law No. 209/FZ of July 24, 2014 (latest edition).

According to the project, every citizen of the Russian Federation can find out the debt for housing and communal services in Moscow and the region. The data is entered fractionally according to the points specified in Resolution No. 209-FZ; this innovation has been in effect since the beginning of 2020.

An organization that sent a utility bill on paper without submitting an electronic statement may not receive payment. And in this case, the consumer will be right.

GIS Housing and Communal Services is integrated into a database with the EIRC, banks and Russian Post. In addition, there is a call center, from whose employees you can find out all the necessary information.

Watch the video: “How to check housing and communal services debt in 2 minutes.”

Moscow website of GU IS

Residents of Moscow and surrounding areas can obtain account information on the website - https://mosobleirts.rf or https://www.is.mos.ru. The portal brings together engineering services by region. Each region has a similar resource.

To receive a total invoice for payment for a house/apartment, you should indicate:

• region/region of location;
• the exact address where the information is needed;
• service list;
• number of floors (for MKD);
• living/common/useful area;
• the period for which the amount of debt is of interest;
• the actual number of persons living at the address;
• type of document confirming ownership.

This site allows users to calculate the amount of future payments. To do this, you should choose a calculation method - averaged or based on the readings of measuring instruments.

Via the Moscow Mayor's Website

The link is the official website of the Moscow City Hall. On the portal, by entering the consumer code and apartment number according to the housing and communal services data of Moscow, you can find out the debt on utility bills.

The service is available to individuals. If you have a social card, no commission is charged. Payment by other methods requires a service fee of 0.8% of the amount.

The following information will be required:

1. The personal account number is taken from the paper receipt (look for it in the upper right corner).
2. There are two document options, you need to choose one: current period or debt.
3. Time frames – month, quarter, year.

The latest settlement information will be available 24 hours after your request is submitted.

Official website of the Mayor of Moscow

EPD - a single payment document has the function of a “personal account”. By subscribing to it through notifications, the user regularly receives information about new invoices. Further work with housing and communal services in Moscow - checking and paying debts takes no more than two minutes a month.

Through EIRC

The Unified Information Center issues data if you have a passport and residence address. You can provide a paper receipt, then an EIRC employee will print out a statement of your personal account.

Citizens also have the right to order a report for the periods. The information will be complete with information about penalties and fines.

Checking debts for housing and communal services through Moscow banks

Yandex offers on the website to find out the amount of debt for housing and communal services in Moscow, St. Petersburg and the Moscow region.

By indicating the personal account number via the link - Yandex Money/checking amounts for housing and communal services, the user receives a detailed report on accrued funds for the services of resource supply organizations.

VTB Bank of Russia provides the opportunity to find out and pay receipts for utility services using an individual payer code, having previously indicated the time period for which the report is needed. To do this, go to the site and follow the instructions and tips.

Sberbank of Russia provides the opportunity to check housing and communal services debt through the Bank of Moscow. The online structure is located at this address. To use the Internet portal, you need to go through a simple registration procedure, and then log in by entering your username and password.

By personal account number

Through Moscow banks, you can check your debt to housing and communal services at the place where you collect utility bills. In addition, ATMs and terminals are programmed to issue a check against a personal account with data on the amount and timing of transfer of payments for the apartment.

The disadvantage of this method of obtaining information is the inability to find out the presence of late fees and the amount of old debts.

Address, full name – in person or by phone

In the absence of the opportunity to receive information via the Internet about the status of debts on the apartment, you can contact the management company. You need to visit the management company that controls the institutions that provide services for a particular apartment building. This can be done by visiting the organization's office or by calling.

A citizen, by contacting directly the accounting department of the management company at the address of residence, will receive a detailed report indicating current and old debts, as well as the accrued penalty, if any.

There are several ways to find out your rent arrears by phone:

• specialist in a management company; The hotline is different in each region, so you need to look for information on the GUIS websites for a specific subject.
• Directorate for Building Operations (DEZ);
• unified information center (UIRC).

All telephone numbers that provide information about the status of personal accounts are indicated on paper receipts. Additionally, this data can be obtained at the reception of the management company, housing and communal services, HOA, as well as at information stands located in the house.

Through State Services

You can find out the debt for housing and communal services, knowing your personal account online in Moscow, on the public services portal - www.gosuslugi.ru.

Portal of public services of the Russian Federation

You can make a payment or obtain information about the amount of debt without creating an account.

To do this you should:

1. Go through the authorization procedure.
2. Next, click on the “service catalog” icon.
3. Then enter the phrase “payment for housing and communal services” in the search bar. This will allow you to go to the desired section of the site, where you can find out the amount of debt and make a payment.

Obtaining data on the status of personal accounts is carried out in a free format.

Note: when starting to work with the State Services website, you should select your region of residence. This is done manually or automatically, provided you are connected to geolocation.

After selecting the region and place of residence, the page will display a list of resource supply organizations. In addition, you will need to specify the calculation method. This can be done using an identification code or from the state information system.

Can I sue for housing and utility debt if I pay off the debt to the best of my ability?

Hello! I have rent arrears as of September 1, 2016. in the amount of 11,029 rubles. I pay rent every month + 1300 I pay off the outstanding debt. 09/20/2016 paid 3313 rubles (2366.29 sq. fee + 947 debt). Today I received a warning about overdue debt and the need to repay the debt within 3 days. I can’t pay the entire amount at once, because... I pay two loans, my salary is small - 12,200. What does this threaten me with? And can they sue me?

Most likely, the creditor will receive a court order for the amount of the debt and submit it for collection through enforcement proceedings. Next, the FSSP will seize your accounts, property, foreclose on your salary (other income), etc... This is the saddest option.

We recommend reading: Power of attorney

Is it legal to post lists of rent debtors in the entrance, indicating the name and amount of debt?

If the parents cannot come to an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner established by civil procedural legislation, the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the procedure for the exercise of parental rights for the period before the court decision enters into legal force.

3. In case of failure to comply with a court decision, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child.

We recommend reading: Statement of claim to the court for a lump sum payment of the funded part of the pension

What to do with a large utility debt

• Drawing up a debt restructuring agreement. Thanks to it, the total amount will be divided into parts, which will allow it to be paid in several stages, thereby easing the financial burden. For most debtors, this is very important, because often non-payment of housing and communal services occurs due to a lack of funds. This method of dealing with utility debt is available to a category of citizens who were not previously debtors. The debt is distributed evenly over a certain period, after which it is repaid voluntarily.
• Subsidy. A government type of assistance available to tenants and those who own an apartment. In this case, the restructuring agreement must be drawn up. Information on how to apply for a subsidy can be found on the government services website. It is worth considering that this type of government assistance is provided if 22% or more of the total income of the family living in the apartment is spent on maintaining the living space.

Therefore, you should be careful, and in this case write a statement to the court indicating this fact. This is in the interests of the debtor, because if you do not indicate the terms of collection, no one will pay attention to them. This means that the amount can increase significantly. Regardless of the size, you can always agree with the management company on the best way to deal with debts.

Write-off of debts for utility bills according to the statute of limitations (judicial practice)

Accordingly, even if you have not paid your bills for thirty years, they can only recover payment from you through the court for a period of three years. But the defendant must independently prepare a petition with a request to refuse full satisfaction of the plaintiff’s claims due to the fact that he missed the statute of limitations. Such a statement is written in free form and must be attached to the record of the trial. If the petition is not submitted to the judge in a timely manner, you will have to pay for all the years of freebies. Our lawyers will help you draw up such a statement for free, taking into account the latest changes in legislation. You just need to leave a request via the feedback form.

The start of the limitation period should begin from the date of the last payment in favor of service providers. In this case, each new payment will be considered a new “starting point”. Each document signed in an organization (for example, an act of reconciliation of testimony and/or amount of debt) also resets the elapsed time, and the statute of limitations begins to run again.

How can you avoid paying rent penalties?

If the management company, during the trial, claims to receive the entire amount, the defendant needs to contact the court with a request to take into account the statute of limitations, since otherwise a decision may actually be made to recover the entire amount, and then appeal the claim prescription will no longer be possible.

The order of repayment of claims for any monetary obligations is carefully spelled out in Article 319 of the Civil Code. In particular, this rule indicates that the amount of the payment made, which is not enough to fulfill the existing monetary obligation in full, in the absence of any other agreement, first of all pays off the creditor’s costs associated with obtaining fulfillment, after which they are paid interest and only then the principal amount of the debt is repaid.

How to find out rent arrears, 10 quick ways

1. The advantage is that after receiving reliable information on the debt, you can immediately, at the cash desk of the enterprise, make payment.
2. Visiting a housing office is only relevant in small towns. People of the older generation and advanced age are very accustomed to this method of information, since it does not require certain knowledge or training, and interest is not charged for the service performed.
3. The only negative is that you have to spend a lot of time waiting in line.
4. However, if there are suspicions that the payment is being calculated incorrectly, or penalties or fines are being charged, then the best way would be to visit the housing organization.
5. The accountant will carry out the necessary reconciliation of payments , indicate points where payment was not made or went to another account.
6. In this case , you must ask for an information sheet indicating all payments.