The constant increase in rent arrears is a problem for many Russians. Evasion of payments entails a lot of unpleasant consequences: power outages, blocking of water drainage, litigation.
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However, there is a way out of this situation. Legislation allows you not only to reduce the amount of debt, but also to write it off completely.
What it is?
A penalty is a penalty levied on the debtor when there is a long delay in paying utility bills.
Its size depends on the time during which no payments were made. In addition, different payment systems are provided for different categories of payers.
Why are they charged?
When a person fails to pay utility bills, he develops and often accumulates debt. To motivate citizens to repay it, management companies have been given a wide range of influences, one of which is the accrual of penalties on the resulting amount of debt.
Resource supply and management organizations depend on payments from utility consumers. The accumulation of a critical amount of debt can lead to bankruptcy of the company itself. Therefore, the size of fines is growing every year and more and more citizens are wondering whether it is possible to write off penalties on utility bills.
Mandatory payment amount
In accordance with current housing legislation, companies providing utility services have the right to require consumers to make timely payments for the services they provide. This rule also applies when calculating penalties. Accordingly, the owner of the residential premises must also pay the entire amount of the penalty: this is a mandatory legal requirement.
If the supplier company decides to charge a penalty, a written notification is sent to the owner of the residential premises. In this case, the company is obliged to notify the consumer within 5 days from the date of the decision to charge a fine.
It must be remembered that even if penalties are charged on the principal debt, the consumer must pay the required amount to prevent a further increase in the amount of the debt.
The legislative framework
The obligation to pay for utilities and other expenses for the maintenance and upkeep of residential buildings is established by Article 153 of the Housing Code of the Russian Federation. Payments are subject to requirements for completeness and timeliness of payment.
The timing of payment is determined in Article 155 of the RF Housing Code, the frequency of repayment of monetary obligations is determined in Article 319 of the RF Civil Code.
For violation of the requirements established by law, various penalties are provided in the form of sanctions and unfavorable measures.
Virt laser
You need to pay for the services of utility companies, but if it is not possible to pay off completely, you can consider several options for reducing the penalty. The debt will require partial repayment, but the owner has the right to try to negotiate a deferment with the management company.
Regression
The procedure for paying for utilities is regulated by the Housing Code. According to Article 153 of the Housing Code of the Russian Federation, this is the responsibility of every citizen, including legal entities, who rent any premises. Housing and communal services include:
To repay debts for payment of housing and communal services, property may be confiscated and subsequently sold. In this case, state enforcement agents act in accordance with the Law “On Enforcement Proceedings,” which clearly states the order of collection of the debtor’s property.
- the death of the apartment owner who incurred a debt;
- liquidation of a legal entity that is the owner of the premises;
- bankruptcy of the citizen in whose name the premises are registered;
- expiration of the statute of limitations for payment of utility bills by the homeowner;
- recognition of a citizen's insolvency.
Reduced utility bills
If a consumer has a debt for housing and communal services and refuses to pay it voluntarily or enter into a restructuring agreement, then such debt is collected in court. In this case, the trial takes place in a “simplified” manner (Article 95 of the Civil Procedure Code) by issuing a court order, without summoning the debtor.
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Federal Law No. 188 dated January 22, 2020 covers the responsibilities of citizens to pay bills, and he cannot refuse or write off penalties on housing and communal services debts without good reason. The accrual of penalties can only be canceled if you send an application to the management company.
Is it possible to write off penalties for utility bills?
Current legislation provides for various options for partial or complete write-off of utility debt.
They can be used depending on the current situation and the availability of special rights to the resource consumer.
Partially
For those who are unable to get rid of rent debt completely, you can significantly reduce it. This is provided for by housing legislation.
The remaining amount in this case is paid in installments or restructured.
The timing of payment of utility bills is determined by the Housing Code of the Russian Federation. Who pays the previous owner's utility bills? See here.
Is it possible to sell an apartment with a debt for utilities?
For the management company, it makes no fundamental difference who pays the debt. It is important for her to receive money, and therefore she may well collect it from the new owner, without even starting a search for the previous owner, who incurred these debts. Please note that this is illegal.
- Identification. If the sale occurs with the participation of an intermediary, you must provide a power of attorney certified by a notary;
- If there is a minor among the owners, then it is necessary to provide a certificate of his birth;
- Certificate of registration of ownership of the property. If the apartment was purchased before 1999, there is no need to provide a certificate, since Rosreestr had not yet been created, and the ownership was registered with the BTI;
- Documents establishing ownership of the apartment;
- Sales and purchase agreement (if the apartment was purchased) or certificate of inheritance or gift (if the apartment was inherited or donated);
- Technical certificate. It is especially necessary if ownership has not been registered in the registry;
- Cadastral document. Necessary if the area of the apartment changes during its operation;
- Extract from the Unified State Register of Rights. It is necessary to confirm the absence of an encumbrance imposed on this apartment in the form of a pledge or arrest, as well as the absence of other residents registered in it;
- Permission from the guardianship authorities (if a minor is registered in the apartment);
- Consent of absolutely all other homeowners;
- A certificate confirming the absence of debts. We are talking about an extract from the house register confirming the absence of debts on utility bills. It should be understood that the management company has the right not to issue this certificate, and if the buyer demands it on an uncontested basis, the transaction may well fall through.
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Reasons
You can reduce or write off the amount of rent arrears for various reasons:
- division of financial obligations between homeowners;
- application of the principle of limitation of actions based on a court decision;
- use of recourse to collect debt;
- deferment of payments under an agreement with the management company and utility providers.
By statute of limitations
Long-term utility debt is collected using the principle of limitation. The service provider has the right to demand payment only for the last 3 years. This rule is established by the Civil Code of the Russian Federation. To use the statute of limitations, you must go to court.
In this situation, it is important to consider the following points:
- The debtor must have time to file a petition to apply the statute of limitations before the court makes a decision.
- Penalties on utility bills are not completely written off, but the amount of debt is significantly reduced.
- No rent payments can be made during this period. Otherwise, the limitation period will be determined from the new date - the day the last payment was made.
Bankruptcy of an individual
In this case, the legislation provides for the possibility of writing off debts from a bankrupt not only to banks (on loans), but also to other authorities.
The law allows you to write off utility bills owed to service providers and management companies. In this case, not only the principal amount is written off from the bankrupt, but also all penalties accrued on it.
The bankruptcy procedure for citizens takes a lot of time and requires financial investments. To implement it in 2020, certain conditions must be met :
- total amount of debt – from 500 thousand rubles;
- the period for non-fulfillment of monetary obligations is from 3 months.
Rent debt is included in the total amount. As a result of bankruptcy, it is not simply written off. The debtor will have to part with property of equal value.
The sale of only a single residential premises (house, apartment) and land is prohibited. By court decision, the debt can be restructured.
How to avoid financial sanctions
Answering the question of how to avoid paying accrued penalties on rent, it should be noted that the most obvious solution is to pay utility bills on time. But even if, due to circumstances, it was not possible to pay on time, and the penalty has already been added to the total amount of the debt, it is still possible to write off the penalty. The easiest option is to contact the Criminal Code directly with an application. Having considered the application, the utility companies may well agree to a meeting by writing off excess amounts, and even provide an installment plan for the repayment of the principal debt.
Important! If the debt is partially repaid, it is imperative to first reach an agreement with the management company on this issue, otherwise, if the debt is not repaid in full, a penalty will continue to accrue on the balance.
Typically, resource supplying organizations are willing to make concessions to debtors who want to pay off the resulting debts at least in parts, so most often no problems arise, and all excess fines are written off. But if it was not possible to agree with the utility companies to remove unnecessary fines, even after promising that you would pay the entire amount of the principal debt in the near future, it is possible to stop the growing debt in court.
How can I reduce the payment amount?
If you can't completely get rid of rent debts, you can reduce them. The legislation provides for various options for resolving this issue:
- subsidies and benefits;
- regression;
- installments.
Subsidies
Certain categories of homeowners are given the right to a rent reduction. You can find out about belonging to one of them from the social authority.
Currently there are subsidies and benefits for the following persons:
- disabled people (reduced to 50%);
- veterans (reduction to 50%), the benefit applies to each family member living with the beneficiary;
- pensioners with too little pension;
- families with three or more minor children;
- low-income people (official confirmation of status with a social authority is required);
- teachers.
This list can be expanded. A specific list of beneficiaries entitled to subsidies is established by local authorities at the regional level.
Regression
This method of reducing rent is possible only if there are several owners of one residential property. It involves dividing utility debt between them without their consent.
Recourse is applied after the debt is closed by court decision.
The owner who has fulfilled his obligations to the management company files a claim to compensate all other co-owners for expenses incurred.
Installment plan
Many citizens are trying in good faith to correct the situation with rent arrears. However, when it has accumulated to a serious extent, it is difficult to do this quickly.
To avoid accrual of penalties and litigation, it is better to use installments or deferment.
To apply for an installment plan, you must submit an application to the management company or other similar organization. It is provided for a certain period, dividing the accumulated amount of debt by month.
Read about liability for non-payment of utilities. Are there penalties for incorrect calculation of utility bills? Information here.
How to pay utility bills through Sberbank Online? Details in this article.
Documents and application
To resolve the issue of providing a consumer with installment plans, you need to submit an application and a number of other documents. The applicant will need to confirm his identity (passport, other document) and the right to occupy this housing. If installments are mandatory, then nothing else is required.
Additional documents justifying the need to obtain an installment plan may be needed when resolving the issue by agreement. These include certificates of income, long-term illness, disability and other papers that indicate the objectivity of the reasons for non-payment. The applicant may also be required to provide other documents.
You can receive an installment plan only by writing a corresponding application. It is drawn up in writing, indicating the applicant and addressee and their full data. Then you should justify the reason for filing the application.
To do this, it is worth referring to the Rules on the provision of public utility services, which establish this opportunity for consumers. If the reason is different, then you need to indicate the impossibility of payment in the usual manner and confirm your readiness to fulfill the established schedule.
The application must be signed and sent (transferred) to the addressee. After its consideration, a decision is made to provide the consumer with an installment plan or to refuse it. The decision to refuse can be challenged in court.
Where to write the application
You should apply for an installment plan to pay for housing and communal services to your management organization. If a different method of managing an apartment building is chosen, then the application is sent to another organization involved in providing utility services to consumers.
Therefore, before writing an application, you should find out where exactly to apply.
It is worth paying for the provided housing and communal services on time. Late payment threatens the consumer with penalties and other measures. However, in certain cases, you can count on the provision of an installment payment plan and write-off of accrued penalties.
How are utility fees calculated:
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Discussion: 2 comments
- Evgeniya says:
08/19/2018 at 22:15If people were paid wages on time and they were not as meager as they are, then everyone would be paid regularly. It's my opinion. If we figure it out like this, what part of our salary should we pay for utilities? If I'm not mistaken, it's 20%. And here the size of utilities is equal to the size of wages. Where is the justice, and then how will people live if they give everything for an apartment?
Answer
- Ivan says:
09.20.2018 at 18:41
As far as I can imagine, most utilities are provided to me without some kind of agreement with my signature, so when accruing interest on the debt, if such arises, there will be options to challenge their amount.
Answer
Limitation period for debt collection
In Russia, the limitation period is three years. It is established by Article 196 of the Civil Code of the Russian Federation. Debt collection through court is possible only during this time. However, this period can be restored, for example, if the debtor has paid at least some amount of money on a receipt for utility bills.
These provisions apply in all civil cases, including those in which the housing and communal services are the plaintiff.
So, if desired and possible, the homeowner can pay off even a significant amount of rent arrears. The law provides for various options for reducing the debtor's burden.
To reduce debt, subsidies and benefits, recourse, installment plans and deferments, and partial write-off due to prescription are used. If the situation is particularly difficult, the way out of the debt trap is to declare the property owner bankrupt.
How to legally remove rent penalties
In case of partial repayment of the utility debt, the penalty is not accrued for the closed period. Also, a reduction in the amount of penalties is possible due to recalculation using a different rate ratio, with a reduction in the established period of non-payment.
In a court
- Debtor - Ivanov I.I.
- Debt amount - 1000 (one thousand) rubles
- The deadline for payment for utilities is the 10th day of the next month
- The month for which payment was not received is July 2020.
- The Central Bank rate from March 2 to September 16 is 7.25%, from September 17 - 7.5%, and from December 17 - 7.75%.
- Current payments are made on time and in full, new debts do not accumulate
- Amount of late fees for 7 months (until March 9, 2020) - ?
Many argue that it is easier to pay utility bills than to go to the courts. Despite this, there is a chance to eliminate the debt if the defaulter proves he is right. Once the application is submitted, the process cannot be stopped.
How are penalties calculated?
The moment of accrual of fines is specified in the Housing Code. According to this standard, payment must be made before the 10th day of the month following the billing period. From the next date, utilities have the right to charge a penalty.
Payment terms can be changed, but this is only permissible if they are stipulated in the agreement between the tenant and the service provider.
The accrual of penalties is an incentive to pay for services on time, which is very profitable and extremely necessary for utility companies. Management companies also benefit from the accrual of fines as an additional source of funds. And although the possibility of receiving them exists only from solvent clients, the mechanism for collection has been clearly worked out.
Payment of penalties to the management company
Yes, it has. Housing Code of the Russian Federation Article 155. Payment for residential premises and utilities 14. Persons who have lately and (or) not fully paid for residential premises and utilities are required to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, valid for the day of actual payment, from the amount not paid on time for each day of delay starting from the thirty-first day following the day of the established payment due date, to the day of actual payment made within ninety calendar days from the date of the established payment due date, or before the expiration of ninety calendar days after the due date for payment, if payment is not made within ninety days. Starting from the ninety-first day following the day of the established payment deadline until the day of actual payment, penalties are paid in the amount of one hundred and thirtieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay. An increase in the amounts of penalties established by this part is not allowed. The notice must also indicate penalties.
The management company charged a penalty for a receipt not paid on time. I paid the principal amount minus the penalty amount. The next month I received a receipt with the new amount of penalties and the debt for the principal amount. They first deducted penalties, and then the main debt; accordingly, new penalties were also added to it. When paying receipts, the principal debt must be written off first, then penalties, or penalties first, and then the principal debt.
