Citizens have disagreements regarding the payment of utility bills not only with their management companies and regional service providers. The question of who should pay the rent, the owner or the registered owner, is often the cause of family and interpersonal conflicts. Especially when one of the parties to the dispute is the owner, but does not live in his premises.
Different types of utility bills are charged for a private house or apartment. Some of them are calculated based on the area of living space. In other words, the amount of payment depends on the number of square meters.
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Other amounts are obtained by taking into account the number of residents who use the services. The basis for using the residential premises is also important. Whether it is owned or municipal and is used under a social tenancy agreement.
To understand whose responsibilities include paying utility bills, you should understand what the Russian law says about this.
Moment of obligation
Relations in the field of utility payments are determined by the Housing Code of Russia on the basis of Article 153. It determines which persons are required to bear the cost of paying rent.
The moment of payment obligations is determined for several categories of persons:
- residential tenants;
- tenants;
- home owners.
For those who rent residential property, responsibility for paying utility bills begins as soon as the rental document comes into force. Such a document, depending on the type of real estate, may be a social tenancy agreement or an agreement on the rental of housing from a regional or state fund.
Tenants bear the burden of paying rent from the moment the lease is signed. If a citizen is an employee of a housing cooperative, he must begin payments immediately after the premises are provided to him for use.
For homeowners, the countdown begins from the moment the right is registered with government agencies.
As soon as a citizen becomes the owner of legal grounds for the use of residential premises, he is obliged to make payments on utility bills
Paying rent with a bank card via the Internet at any time is a convenient opportunity to save time on visits to the bank.
You can find out whether the rent depends on the number of people registered in the article at this link.
If one of the owners does not pay utility bills in Russia
Details of the plaintiff and defendant: last name, first name, patronymic, place of registration and actual residence. Specific demand of the plaintiff to recover, recognize, etc. Evidence of the existence of debt The total amount of the claim against the defendant Justification of the existing requirements (link to articles of legal acts) and the signature of the applicant After filing the statement of claim and the necessary package of documents, some time may pass before you will be notified of the case being accepted for consideration or of refusal (incorrect preparation claim, lack of any documents, lack of legal grounds for opening court proceedings).
Who by law must pay rent: the owner or the registered
If the owner of the apartment lives and is registered at a different address, this does not relieve him of the obligations imposed by law. He is still responsible for the premises of which he is the owner.
According to Article No. 30 of the Housing Code of Russia, the responsibilities of residential premises owners include payments:
- for current and major repairs of residential premises;
- on the maintenance of living quarters;
- for heating.
Invoices begin to be issued from the moment the rights to use the living space appear.
As soon as a citizen registers in the premises, the following amounts are calculated:
- for the use of hot and cold water;
- for drainage;
- for electricity;
- for gas consumption.
The absence of the owner from the place of registration for more than 5 days provides grounds for recalculation of utility amounts. You just need to document your absence.
Companies that provide citizens with public services enter into agreements with persons who are the owners of residential premises by law. This document can be signed with the owner of the property or with its management company.
Therefore, payment to the company will also be required from the owner himself, regardless of who is registered or lives in his apartment (house). If other able-bodied citizens are registered with the owner in the premises, then the owner of the living space should demand reimbursement from them for the costs of paying utility bills.
Who pays for housing and communal services: the owner or the tenant
When renting, disputes often arise over who should pay for utilities. The owner will be in for an unpleasant surprise if the tenants leave unpaid telephone calls or lights on everywhere, and a large electricity bill will come.
All financial issues need to be sorted out before the tenants move in. It is necessary to determine by agreement the procedure for paying utility bills.
2 payment options:
- Tenants pay their own bills.
- They transfer the money to the owner, and he already pays the bills.
To avoid unnecessary disputes over who should pay for utilities, a security deposit is taken. It serves as insurance against the actions of unscrupulous temporary residents.
After all, tenants can move out without paying anything. Then you will have to spend time proving justice in court. That’s why a deposit is needed to insure against such unpleasant situations.
List of required accounts
Utility payments, based on the payment system, are divided into two categories:
| Payments for services that the premises cannot do without |
|
| Services that are paid upon consumption |
|
If you want to transfer responsibility for paying rent to another person, you must have legal grounds for this, and confirm the fact of transfer with housing organizations or directly with utility providers
If the owner does not live in the apartment, is he obliged to pay utilities?
The question often arises: who should pay utility bills - the registered owner or the owner who does not live in the apartment? Many shareholders do not live on their square meters and believe that by doing so they protect themselves from all financial claims in the field of paying for utilities. This is partly true. As for paying for consumed utilities (heating, water supply, gas supply, sewerage), the owner who does not live in a shared apartment or house is not obliged to pay for what he did not use.
Judicial error in the interpretation of the OBLIGATION TO PAY (Article 153 of the Housing Code of the Russian Federation)
PROBLEM
formation of arguments in a cassation appeal. The cassation court should not be similar to the appellate court, it has a completely different structure - we are only talking about 2-3 judicial errors
ESSENCE OF THE ARTICLE
show how ARGUMENTS for a cassation appeal are formed using an example
AS AN EXAMPLE
Part 1 of Art. taken
153 Housing Code of the Russian Federation Housing Code of the Russian Federation Article 153. Obligation to pay for living quarters and utilities
1. Citizens and organizations are obliged to pay fees for living quarters and utilities on time and in full.
SO OUR ARGUMENT
Judicial error in interpreting substantive law
From the contents of the decision, the appeal ruling and the ruling refusing to submit a cassation appeal to the session of the judicial panel of the regional court, it can be seen that the rule of law contained in Part 1 of Art. 153 of the RF Housing Code is given a mandatory character, then this is just a dispositive rule of law.
As is known, in contrast to mandatory dispositive norms, legal subjects have the opportunity, within the limits of legal means, to regulate relations at their own discretion. As a rule, dispositive norms contain the following wording: “... unless otherwise provided in the agreement .” Such a clause is present in Part 1 of Article 155 of the RF Housing Code
Payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by decision of the general meeting
From a literal analysis of this rule of law it follows that the period established in the law applies only if a different period is not established in the agreement or in the decision of the meeting. Therefore, you must first check what period is established in the contract:
- if this period differs from that established by law, it is the contractual period that is considered established;
- if the period established in the contract does not differ from that established in the law, the one established in the law applies.
The legislation does not provide for the option of no contract. Therefore, in full accordance with the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 16 of March 14, 2014, it should be considered that in the absence of an agreement, any period should be considered established in circumvention of the law. According to paragraph 8 of the said Resolution
“In cases where it is proven that a party is abusing its right arising from the terms of the contract, different from the dispositive norm or excluding its application, or is abusing its right based on the imperative norm, the court, taking into account the nature and consequences of the abuse committed, denies this party protection of her rights in whole or in part or applies other measures provided for by law (clause 2 of Article 10 of the Civil Code of the Russian Federation)
It follows that the presence of this rule of law does not provide management organizations of the housing and communal services complex with the right to make any material claims in the absence of a concluded agreement.
In complete contradiction with the given literal interpretation of the law, the court of first instance attaches Part 1 of Art. 153 of the RF Housing Code has a universal meaning, as if this provision indicates the obligation of the consumer of housing and utility services to pay the bills of the management organization in the absence of an agreement concluded between the consumer and the service provider. We are made to understand that the obligation to pay is imposed not by the contract, but by law.
But in this case, the debt collector acts in the status of a state body tasked with monitoring the fulfillment of state duties, although such a right is not recorded in the Charter of the Municipal Unitary Enterprise "Resurs". Proved by reduction to absurdity (reductio ad absurdum) ).
COMMENT
We should not give this argument any weight. It's just a side dish. Beautiful.
There must be other reasons. Killer. As the main component
How much debt must be required to evict?
Debt is irrelevant and does not affect the eviction decision. It can range from several hundred rubles to tens of thousands. This decision is affected by the period of non-payment
.
As described earlier, it must be more than three months. It also affects whether the living space is privatized (whether it is personal property)
.
In this case, it is impossible to evict a person, only to limit (or completely turn off) the supply of communal resources
.
If a person does not pay rent in a municipal apartment, he can be evicted
. But he is provided with other housing, since according to the law, people cannot be left without living space by taking away another one.
When owning shared property, the issue of paying for utilities comes to the fore. If you choose the right co-owner, there will be no problems with this
.
However, if the partner does not pay fees for housing and communal services in good faith, it will be necessary to contact the management company. It is better not to deal with such an owner and disperse peacefully
. But even if this does not work out, the court will help to circumvent this conflict situation by punishing the unscrupulous person.
