How not to pay for housing and communal services - we look at legal methods

These are difficult times, and many Russians are forced to switch to austerity mode. It is unknown what will happen next with the work, so every penny counts. Paying utility bills is a significant expense for many. It is not surprising that a sharp increase in debt for housing and communal services is expected in the near future.

There are already calls among deputies to temporarily cancel payments for utility services while the self-isolation regime is introduced in the country, but these calls are from representatives of opposition parties. The ruling party does not support such abolition, which means that the obligation to pay for housing and communal services will remain in this turbulent time. True, until the end of the year it is prohibited to charge penalties for late payments, which is good news. However, the debt will accumulate and in the future may be collected in court, which threatens the debtor with serious problems.

But what to do if there is no real opportunity to pay for housing and communal services? How to get out of this situation, protecting yourself as much as possible in the future. Let's look at this issue in today's article.

Who can avoid paying for utilities?

In 2021, the state provides certain segments of the population with the opportunity to pay less for housing and communal services. Beneficiaries include:

• WWII participants;
• disabled people of groups 1 and 2, including families with a disabled child;
• heroes of labor;
• combat veterans;
• liquidators of accidents at the Chernobyl nuclear power plant;
• large families.

The discount on payment for housing and communal services is provided in a fixed amount. In 90% of regions, beneficiaries are completely exempt from paying for gas and partially, in the amount of 50%, for electricity .

Debts for housing and communal services in the event of bankruptcy of an individual - what happens?

An individual (as well as a legal entity) can begin bankruptcy proceedings if he is unable to fulfill all of his debt obligations. A citizen’s right to bankruptcy and the procedure for action are prescribed in Chapter 10 of Federal Law No. 127-FZ of October 26, 2002. Most often it is used by those who have no property other than their only home. As soon as the court declares a person bankrupt, all debts that arose before the bankruptcy procedure began are written off from him, if his property is not enough to cover them (this also applies to utility debts). A significant drawback lies in the fact that for the procedure you need to pay a certain (rather large) amount of money.

On September 1, 2021, amendments to Chapter 10 of Federal Law dated October 26, 2002 No. 127-FZ came into force. Now the possibility of extrajudicial (simplified) bankruptcy on a free basis is being introduced for individuals. Thus, citizens will be able to write off debts in the amount of 50,000 to 500,000 rubles.

However, even a bankruptcy procedure will not save a citizen from paying current utility bills.

In what cases can citizens, by law, not pay their bills?

Taxes and housing and communal services are among the mandatory expenses of all Russian citizens. But in exceptional cases, residents can legally refuse to pay for utilities completely or reduce their cost by 2-3 times.

1. Inadequate fulfillment of obligations by the management company regarding the quality of provision of utility services is a reason to refuse to pay by meters or reduce costs to a minimum. According to the law, the management company has the right to suspend the supply of gas, water, heating and light no more than twice a month, notifying residents in advance . For example, the heating supply cannot be stopped for more than 16 hours in a row, and the total time of service shutdown per month should not exceed 24 hours. At the same time, the company is obliged to notify the residents of the house about the planned shutdown of utility services at least 2 hours in advance, and the room temperature for the entire period Heating shutdown cannot drop below 10 degrees. If at least one of the conditions is not met, residents can apply to the management company for reimbursement of part of their utility costs.
2. There is no need to pay housing and communal services for a period of prolonged absence of residents in an apartment or private house . The condition is relevant if the owner does not live in the house for at least 5 days. In order for the organization to provide a discount and recalculate the next month, the tenant must prove the fact of a long absence. It is possible to demand reimbursement of payment for one or several housing and communal services at the same time by contacting each of the companies with a package of documents. Having examined the owner’s documents, the management company decides whether residents will pay for housing and communal services in a new way in the next billing period or not. The payer can apply for a discount only for himself or demand a reduction in the rate for all residents in the apartment, including for children.
3. In case of double enrollment at tariffs without actual debt, residents have the right to refuse payment . Example - in the city of Aprelevka, Moscow region, residents of Gorky, Ostrovsky and Tsvetochnaya Alley streets wrote an application for a change of manager to assume the responsibilities of a service provider in April 2021. But no agreement was reached on terminating the contract with the organization previously operating on the territory, the Homeowners Association “ZhK Aprelevsky”, so the residents received double receipts for payment of housing and communal services. After appealing to higher authorities, the Supreme Court allowed the owners to pay only the new management company.
4. If there are errors in payment receipts . If the owner receives a document in which the address, owner details or personal account number are incorrectly indicated, he independently decides whether it is possible not to pay for housing and communal services in this case. However, after the funds are transferred, the management company may require re-payment of the receipt if the payment was made by other details or to the personal account of another subscriber, citing the actual lack of payment. To avoid misunderstandings and the need to repeat payments, it is better not to pay money for housing and communal services in the presence of such errors, and contact the Criminal Code for clarification immediately after receiving the erroneously drawn up document.

You may also be interested in: How can I find out the gas debt on my personal account?

How to properly notify the management company of your absence

You need to notify the management company that services your home when you leave for more than 5 days or do not live there at all, but are simply registered. By law, you are not required to pay for services if you did not use them and were not in the apartment.

Naturally, your management company will not know that you are not currently living at the address, so it needs to be notified. This is necessary in order to pay partially for utilities or not pay at all. To notify, you need to take documents and your application to the management company confirming the fact of your absence.

There are two options when you can notify the management company:

1. In advance. This method is not very convenient, since no one wants to announce that the apartment is empty for a certain period of time.
2. Within 30 days upon arrival. You go to the management company and they will recalculate you.

You need to know that they will recalculate you only if you are registered in the apartment. In the case when you rent housing and you are not registered, you will not have the right to recalculation and will pay the full amount.

Notification of the management company can be divided into 3 stages:

1. Find out the management company that serves you. This can be done by looking at the receipt. The name is written in the “payee” column. Sometimes a telephone number and address may also be provided.
2. To write an application. If you leave quite often, you can make a template in Microsoft Word with a statement, where you will only change the dates and sign.
3. Attach documents that confirm your absence. It could be:

• Travel certificate - in case of a business trip;
• Vacation - air tickets and stamps in the international passport or hotel bill;
• For study - a certificate from the dean's office (every 6 months);
• To the army - a certificate of military service at the place of service;
• For the dacha - a certificate from the village administration;
• etc.

It is advisable to provide a copy of these documents and it must be certified. A visit to a notary is not necessary. You can simply provide the original to a management company employee who will certify it.

Your application will be processed within 5 days and the amount will be deducted in the next month. If this does not happen, request justification in writing.

Important! There will be no recalculation for heating and cleaning of the territory. The days of entry and exit are not counted as the absence of a tenant in the apartment.

How to prove your absence to the Management Company

An important point here is to save tickets, checks (even electronic ones), certificates, invoices for certain services (for example, for a hotel or a tour guide).

You bring these documents to the Criminal Code along with your application. But be aware that the filing period is limited and is 30 days. After this, you will not be able to achieve a recalculation, since the statute of limitations has expired.

Here are examples of how and after what to obtain certificates:

Application to the Criminal Code

See a sample of filling out an application to the Management Company if you are not at home.

Underwater rocks

It is important to consider the following nuances:

1. If the unpaid resource has been disconnected, then for connection you will need to pay the debt in full and pay for the connection. The gas or light supply will be restored within 2 days after the supplier receives the funds.
2. The management company has the right to sue the defaulter. If the management company is only the service provider, then it cannot limit or suspend the supply of energy resources. Employees can do this only at the request of the resource supplying organization.
3. Hot water and sewerage may be turned off in an apartment for non-payment if it is located in a one- or two-story building. In this case, it will remain considered suitable for habitation.

What utility services can citizens of the Russian Federation legally not pay for?

If there is no need for utilities or violations on the part of the management company, the owners may not pay for housing and communal services according to the law. But the condition is relevant only for the following types of housing and communal services:

• electricity,
• heating,
• cold and hot water.

Everything that relates to services for general house needs (GDN), for example, payment for an antenna, elevator, garbage removal, must be paid monthly and without delay.

For water

You can reduce water charges under the following circumstances:

• If the water was turned off;
• If the water was not of good quality;
• If the hot water was "warm";
• If the hot or cold water pressure was not sufficient.

If the water was turned off for more than 8 hours a month and for more than 4 hours at a time, then the bill for the service should be less. For every hour of inadequate water supply, the bill is reduced by 0.15%.

You will not have to pay for water at all in the following cases:

• If you haven't been home all month and there are no meters;
• If there was a very long time of water supply not according to standards;

There are citizens who illegally tighten meters using magnets. This works mainly only with old samples, since new meters have protection against magnets, and the indicators are also verified in the Criminal Code. This option is very bad and dangerous, not reliable.

But if you still use such a scheme, and you are suspected (and this is easy), you will be subject to inspection and a fine will be imposed. Moreover, the use of magnets leads to the inoperability of the meters.

For electricity

There is no need to pay for electricity if you are not at home. You can reduce the fee if:

There were power outages. If the lights are turned off for 2 hours or 24 hours (depending on power sources), then the fee is reduced by 0.15% for each hour without power for exceeding the cut-off rate.

The voltage and frequency of the electrical current must also be normal. Deviation from GOST is not allowed!

How much is the standard electricity voltage? According to GOST - 220 V +/- 10%, that is, from 198 to 242 V

If you are not sure about the quality of electricity, you have the right to write a statement to the electrical network organization about the need to measure the voltage.

For heating

When cold weather sets in, heating must be supplied to the apartments. According to the law, you can not pay when there are deviations from the norms.

The Decree of the Government of the Russian Federation “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” establishes that there must be uninterrupted heating operation during the heating season.

How to refuse payment for housing and communal services?

The decision on whether to pay for housing and communal services in the event of a temporary departure or violations on the part of the management company is made by the owner of the property himself. If the payer decides to save on utility costs, he needs to notify the management company about this.

You can leave a message in several ways:

• By calling the company phone number. This option is not always effective, since utility telephone lines are often busy, and it is almost impossible to reach operators.
• Come to the management office. A written appeal, compiled under the guidance of an employee of the organization, is the most effective way to express your intentions.
• Leave a request on the website "GIS Housing and Communal Services" - a centralized state resource that combines the functions of an information portal and a service to help residents regarding the provision of housing and communal services.

Before leaving a request, the owner must present the conditions for reducing the housing and communal services tariff. If he does not want to pay for housing and communal services due to a long absence, he is required to:

1. Prepare documents confirming the fact of absence. These could be plane tickets, a check for a hotel reservation, or a trip to a sanatorium.
2. Record current meter readings. In order for service providers to discount the time of departure, the payer must prove that no one in the apartment will use the services during the absence.
3. Present receipts confirming the absence of debt for the last six months. If the owner does not pay for housing and communal services, debts for housing and communal services will not allow him to receive a discount.
4. Write an application asking to reimburse part of the funds for utilities for the period of residence in another place.

In case of violations by the Criminal Code, the owner, before paying for housing and communal services (how to pay and in what amount will be determined by the organization after considering the appeal, or the court), must draw up an appeal and indicate the fact of the violation. As evidence, it is necessary to provide damage caused or possible due to the consequences of poor quality maintenance of the house.

For example, the power supply company, without warning or emergency, turned off the power supply for 36 hours, as a result of which the residents' food in the freezer spoiled.

Watch the video about the legal opportunity not to pay for housing and communal services:

What to do if you have a share, but do not live in this apartment?

This situation is not uncommon and you are required to pay for all utilities regardless of whether you live there or not. As long as you are the owner you will pay the bills.

But there is still a way to reduce the cost of housing and communal services.

First, you should contact the Criminal Code with a statement that you were not at home. You should also separate personal accounts and determine the procedure for using the house. To do this, you need to go to court, which will allocate shares for which you will pay in proportion to yours.

However, it is worth considering that you will still need to pay for repairs, heating, and maintenance.

As a last resort, you can sell the share, but this will be problematic.

Penalty

In the event of force majeure, payment for housing and communal services can be delayed for a short time: there are no penalties for the first month.
But already from the 31st day you will begin to be charged penalties. Financial punishment is provided for every day of delay, including the day of debt repayment. In this case, penalties cannot exceed the amount of non-payment. From the 31st to the 90th day of non-payment, the daily surcharge will be 1/300 of the refinancing rate of the Central Bank of the Russian Federation (it is equal to the refinancing rate of the Bank of Russia and the key rate of the Bank of Russia and the key rate of the Central Bank of the Russian Federation and is 6% The Bank of Russia decided to maintain the key rate on level of 6% per annum) of the debt amount, then - 1/130 of the rate.

Will the debt be written off due to the statute of limitations?

The law says that debts can be written off if the statute of limitations for utilities has passed. But it's not that simple.

The statute of limitations is the period during which someone whose rights have been violated can go to court for protection. And this period is 3 years according to the Civil Code of Art. 196.

The management company can “store” your debts for more than 3 years and demand payment from you at any time. However, if you indicate in your petition that the statute of limitations has passed, your debts will be written off. Without this document, the management company will have the right to demand the debt in full and the court will not take this into account.

It is also worth considering that for each receipt there is a separate period depending on the date, and not all the debts that you have. If the debtor nevertheless acknowledges the debt, the statute of limitations will be renewed or interrupted. Even if he paid part of the debt, at least one hundred rubles, this will be a fact of recognition.

Privileges

Benefits for utility services in the Russian Federation are provided for certain categories of citizens. The exact list is established by regional regulations.

Important! Contact your district social protection department and check the list of beneficiaries. You may be eligible for a reduced monthly payment.

A special feature of benefits is the need to register them. They don't act unconditionally.

The beneficiary is required to come to the social protection department and receive a certificate of eligibility for benefits.

In most regions, the right to benefits is granted to the following categories of citizens:

• WWII veterans and combatants;
• labor veterans;
• large families;
• guardian families.

The certificate is issued within 15 days from the date of application. The document is submitted to the management company or HOA.

Important! Benefits begin to apply from the moment information is provided to the authorized body. The beneficiary does not receive the right to reduce previously formed debt.

What happens if you don’t pay your utility bills?

The presence of a proven fact of violation on the part of the management company will not raise questions about why the owner does not pay housing and communal services in a specific period. But if the company properly fulfills its obligations and there are no reasons giving the resident the right to receive benefits for utilities, refusal to pay bills can lead to negative consequences:

1. Fines and penalties . If residents refuse to pay for services for more than 2 months without reason, the management company will not find out why they do not pay for housing and communal services, and will charge penalties for the next period.
2. Disabling the service . By law, utility companies can deprive defaulters of the opportunity to use housing and communal services if payment is delayed for 2 months or more.
3. Seizure of accounts and property . When debts exceed several tens of thousands of rubles, housing and communal services employees take the owner’s case to court. By decision of the authorized body, bank accounts, property and other property may be seized.

Cases where residents were evicted from their home for utility debts are not uncommon. When arrest is not enough to pay off debts, the court makes a decision to transfer the debtor's property to a management company.

What can bailiffs do?

The bailiffs, as in the case of a resident of a municipal apartment, have the right to enter the house and make an inventory of the property, it will be put up for auction, and the debtor has the right to buy it first.

Another option is to withdraw money from accounts in banks and other credit institutions. If this is regular income, then half is withdrawn, but there is a chance that all the money you have will be written off. The debtor can find out about this via SMS or email. The situation with the accounts concerns all debtors of payment for the apartment.