Statute of limitations for housing and communal services debts in 2021 - for what period can they be collected, can they be written off

Housing and communal services

Accumulated debts on utility bills can be forcibly collected from citizens. But there is a statute of limitations within which the injured party has the right to present its claims.

All owners of apartments in the building are required to pay a monthly fee for the resources actually used and the utilities provided by the management organization. Article 153 of the Housing Code stipulates that payment must be made on time and in full.

In a number of situations, citizens fail to fulfill their responsibilities and do not pay utility bills in good faith. As a result, resource supply organizations can disconnect the apartment from electricity and water, and collect debts through the courts. But here we take into account the period of time for which the debt can be returned to the plaintiff. This is the statute of limitations and for utility debt it is applied in accordance with the Civil Code.

Limitation period for housing and communal services debts

Limitation period is the period within which a person whose rights have been violated can go to court to protect their rights. In this case, the statute of limitations is 3 years and is counted from the moment when voluntary payments cease to be received from the debtor.

IMPORTANT! The statute of limitations will be counted only for 36 months (3 years), that is, the debt for 37, 38 and subsequent months will not be collected.

Obligation to pay utility bills

According to Article 153 of the Housing Code, citizens and organizations must promptly pay for housing and utilities. The obligation to make payment arises from:

Tenant of the premises;
Tenant of the premises, owner of the premises;
Member of a housing cooperative;
The developer or a person accepted by him.

Any owner of the premises mentioned above receives services from the state for:

Electricity supply;
Gas supply to the premises;
Providing water supply;
Removal of technical and household waste;
Home maintenance, including home repairs;
Improvement of the territory of the house;
Heating supply in winter.

All services described above are provided from the moment the contract is signed with your management company, and the only obligation of an individual is timely payment of utilities and compliance with the statute of limitations.

What laws govern the write-off of utility debts based on the statute of limitations?

According to Article 199 of the Civil Code of the Russian Federation, upon expiration of the statute of limitations, the plaintiff (utility company) loses the guarantee for the restoration of rights, and the defendant (consumer), on the contrary, gets the opportunity not to pay old bills.

From what moment does the countdown begin - the order of calculation

Utility debt is no different from a loan or obligation. The creditor has the right to defend its interests in court until the expiration of the statute of limitations, which, as mentioned earlier, is 3 years. Article 200 of Chapter 12 of the Civil Code of the Russian Federation states that the counting of the claim debt is carried out from the moment when the rights of one of the parties to the contract were violated, in this case the rights of the management company. In accordance with the Housing Code of the Russian Federation, payment for utilities must be made no later than the 10th day of each month.

IMPORTANT! If the payment is not received, then the countdown of the limitation period for the violation begins on the 11th day, except in cases where the contract specifies other dates for making the payment - the countdown of the claim debt is taken from the next day after the specified date.

Rules for calculating the limitation period for utility debts

When settling relations between the consumer and the management company, they turn to Chapter 12 of the Civil Code of the Russian Federation. The limitation period is three years and cannot be extended.

According to Article 200 of the Civil Code of the Russian Federation, the statute of limitations indicates the date of the last payment.

From what time does it start

According to Article 200 of the Civil Code, the statute of limitations begins from the moment of the last payment.

Does the statute of limitations apply to penalties on utility bills?

According to Article 207 of the Civil Code of the Russian Federation, if the statute of limitations on the principal debt has expired, then penalties, fines, and penalties are also considered expired. Despite this, there are two more scenarios for the limitation period for penalties:

It is suspended if the amount is filed in court;
Continues to flow if the claim does not mention them.

What interrupts the statute of limitations - due to what suspension is possible

According to the first part of Article 203 of the Civil Code, if the debtor admits the existence of a debt, then the limitation period is interrupted. This means that after the statute of limitations has expired, the debt is not written off. After a break, this collection period can be resumed again.

Actions indicating recognition of debt may include the following:

Recognition of a claim submitted by the management company;
Availability of an application addressed to the management company for the provision of an installment plan or deferment of debt repayment;
Partial payment by the debtor or his representative (with the consent of the debtor himself) of a debt, fine or penalty;
Availability of documentation allowing the debt to be written off from the payer’s account without his consent.

There are also cases that may serve as an obstacle to the possibility of filing a lawsuit in order to protect one’s rights and interests.

In order to interrupt the limitation period, serious circumstances are required, which are regulated by regulations, for example:

The location of the plaintiff or defendant in the armed forces, in a military unit or in a territory that has been transferred to martial law;

IMPORTANT! The position of a person drafted into the army in the usual manner is not a basis for interrupting the statute of limitations.

the occurrence of emergency or insurmountable situations (cases when there is a possible threat to life or health);
cases when the integrity of the constitutional system of the state is endangered (violent change of the constitutional system, terrorist attacks, various conflicts that can harm people);
Various emergency situations may serve as a reason for suspending the limitation period.

Time limit for execution of a court decision

The period for execution of a court decision is 3 years. The countdown begins from the day when the court decision entered into legal force. During this period, the management company or homeowners association must take measures to force the repayment of the debt. In the event that the writ of execution does not reach the bailiff on time, the debt is written off automatically.

Arbitrage practice

Properly presented evidence about a missed deadline, difficult financial situation, violations of the Criminal Code regarding failure to provide payment documents influence the positive outcome of cases.

Decisions made in favor of the claimant are appealed within 30 days through the appeal procedure. Until a judicial act is issued by the second instance, enforcement proceedings are not initiated.

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If the deadline has passed, will the debt be written off after 3 years or the claim period?

Debt write-off after the expiration of the claim period can be achieved if:

During the court hearing, it will become known that the defendant has gone through bankruptcy proceedings;
The statute of limitations will interrupt the flow of the debt;
They will establish a time frame, where the starting point is the moment when the service provider learned about the debt.

Legislation on writing off housing and communal services debts older than three years

According to Chapter 26 of the Civil Code, the expiration of the statute of limitations is not a basis for terminating an obligation. Debt write-off is a right, not an obligation, of the creditor.

From what period does it start, how to calculate

The statute of limitations for payment of housing and communal services begins to be calculated from the moment of violation of the terms of the service agreement (Article 200 of the Civil Code of the Russian Federation).

In this situation, a violation of the current agreement is failure to pay one of the payment documents on time.

For example, the owner of an apartment is obliged to pay 2,000 rubles for the maintenance of housing until June 10, 2021. If the receipt has not been repaid, then the statute of limitations begins to count from June 11.

Since the limitation period is set at 3 years, the resource supply company will be able to collect the debt under this payment document only until June 11, 2022.

What can the management company do in case of non-payment?

If you fail to pay utility bills, the following outcomes are possible:

Accrual of penalties and fines from the second month of delay;
Temporary shutdown or restriction of the use of utilities until repayment (except for heating and cold water supply);
Debt collection through court (only when the management campaign is convinced that the user has stopped paying).

Period after which the management company can sue

Measures applied to debtors:

Penalties;
Penalty;
Trial.

Typically, utility companies take the case to court if the debt has been hanging for more than six months. Before filing an application with the court, the user is warned several times about the possible occurrence of problems in various ways.

For what period of time can debts for housing and communal services be collected?

The law provides for a time limit during which debts can be written off in court. This period of time is called the limitation period. This means that only those payments whose statute of limitations has not exceeded the three-year period are subject to collection.

What documents are needed for the application?

The following should be attached as evidence:

if claims have been made, but payments have been made, receipts for the last three years must be attached;
if payments were not made due to a difficult financial situation, this fact must be proven with the following documents: certificates of income received from the place of work, the Pension Fund, bank account statements, etc.;
If you do not agree with the amount of the claim, please attach your calculation of the debt.

Possible actions of management companies and homeowners associations in the event of debt formation

There are 5 ways to collect debt from a debtor to a management company:

Preventive measures, that is, preventive work to prevent the occurrence of debts. For example: consequences following non-payment;
Pre-trial collection - pre-trial collection measures that can help in repaying the debt. For example: conversations with debtors, general meeting of owners;
Collection through court - collection of debt in court;
Ensuring the execution of a judicial act of collection;
Bankruptcy of individuals, that is, the ability to pay off debt through their property.

In addition to the title company, your homeowners' association also has an impact on the repayment of your debt. It can:

Post the list of debtors for public viewing;
According to Russian Government Decree 354, HOAs have the right to limit the debtor’s use of utilities;
File a claim in court to collect the debt;
Accrue penalties.

Consequences of utility debt

The law provides the following penalties for failure to fulfill obligations:

Article 155 of the Housing Code - a penalty is charged for each day of delay;
Government Decree No. 154 - the management company has the right to limit the debtor’s use of utilities;
Article 3 of the Civil Procedure Code - when the amount of the debt exceeds the permissible norms several times, the management company has the right to collect the debt with the addition of a penalty in court;
Article 3.5 of the Code of Administrative Offenses - a person who fails to fulfill his obligations under a contract may be subject to an administrative fine;
According to Article 83 of the Housing Code, a persistent defaulter can be evicted from the house.

Accrual of penalties and how to calculate its size

Citizens who have not paid or paid, but not in full, debts for utility services must pay a penalty in the amount of 1/300 of the refinancing rate

From 1 to 30 days of debt no penalties are charged
From 31 to 90 days inclusive, penalties will be charged in the amount of 1/300 of the refinancing rate
From 91 to the day of actual payment, the refinancing rate will be 1/130

Restricting access to resources

If the debtor does not repay his debt within 90 days, then the management company has the right to disconnect the debtor from utilities (except for cold water and heating). If the owner independently tries to connect to the services, he will face a fine of 10 thousand for individuals, 30 thousand for officials and 100 thousand for legal entities.

Eviction

Sometimes severe measures, such as eviction, may be taken against persistent defaulters. Owners can collect debt through court. In the case where the debtor lives in an apartment that belongs to the municipality, he is evicted to a smaller apartment.

What are the risks of rent arrears?

The expiration of the statute of limitations can be punished by the state in different ways: it all depends on the amount of the debt and on what category the owner of the service premises belongs to:

Owner of a privatized apartment;
Owner of municipal housing;
Owner of the rented premises.

In a privatized apartment

Obligations begin from the moment you begin living in the apartment, regardless of whether it is a temporary or permanent owner. In this case, the debtor will be punished on a general basis

In public housing

In this case, a three-stage system operates:

A letter is sent to the debtor with information about the debt. The same letter notes that in case of refusal of the debt, the case will be taken to court;
If the first point does not help, then a second attempt is made to reason with the debtor: the management company makes a call or reminds about the debt in a personal meeting;
If the debtor still does not pay the debt, then the case is taken to court and the debtor is punished in accordance with the general procedure.

In a rented apartment

Renting an apartment does not relieve you of the responsibility and obligation to pay for utilities. If payment is overdue for more than half a year, an eviction procedure for an apartment with a smaller area is possible.

Consequences for credit history if payments are late

Utility debts are equivalent to credit debts and are entered into the credit history.

In order for your debt to be included in your credit history, one application to the court by the utility service provider is enough. After this, the debtor has 10 days to repay the debt, after which his data and file on the debt are transferred to the credit bureau. Having utility debt can be a huge barrier to getting a loan.

How long before you can request a water bill?

According to the legally established procedure, in some cases citizens have the right to demand a recalculation of fees for certain types of housing and communal services (for water, electricity, etc.). According to the provisions of Government Decree No. 354 of the Russian Federation, such a right may arise in the following two main cases:

in case of temporary absence of the owner in the apartment (provided that the requirements set out in Section VIII of the mentioned normative act are met);
if services in the housing and communal services sector were of inadequate quality (Part X).

So, in the first case, a recalculation for water can be requested for the period of absence from the apartment, but not more than 6 months. Moreover, if after the end of this period the owner is still in another place, he must submit a new application for recalculation for the next 6 months (Part 2, Clause 91, Section VIII of Government Decree No. 354 of the Russian Federation).

What if the reason for the demand is the poor quality of the utility services provided? Then the period for which recalculation can be requested (including for water) will correspond to the period of time between the start and end dates of the provision of housing and communal services of low-quality services. The procedure for determining these periods is described in detail in paragraphs 111-112 of section X.

Court for non-payment of utilities

In case of malicious non-payment of debts for utility services, the supplier files a claim in court. It happens like this:

The HOA representative submits to the magistrate an application for the issuance of a court order;
Within 5 days, the judge makes a decision on judicial collection and sends it to the debtor;
Within 10 days, the debtor can file objections, and if they are accepted, the HOA representative will have to contact the judge again, but with a statement in the form of a claim;
If the debtor does not receive a decision or does not submit a claim, the order will enter into force and will be transferred to the bailiffs.

Is it possible to challenge the management company's claim?

You can challenge the claim in court. To do this, you need to deal with the fact of illegal charges. In the event that there are no violations regarding accruals, you need to pay attention not to the fact that the statute of limitations has expired, which will come into force only after your statement about its existence.

How to challenge a claim from a management company

It is necessary to submit an application for recalculation of the debt amount and come with a ready recalculation to the court hearing. This move will help identify any irregularities in the operation of your management campaign.

Valid reasons for applying

Valid reasons may include:

Long delays in payment of pensions or wages;
Unemployment of all family members;
Illness of the employer or one of the family members;
Presence of disabled people or minors in the family.

Required documents

In order to appeal the management company’s claim, you need to collect a package of documents:

Receipt for payment of state duty;
Pay slips from the service organization for the last three years;
If the amount of the claim does not coincide with your calculation, you need to take it too;
Justification of a difficult life situation, if it is the basis for delaying debt payment.

How to draw up an application for the application of the statute of limitations

The petition is submitted in any form.

The header indicates: the addressee of the appeal, information about the parties to the conflict, addresses of the parties and their contact information;
Describe the essence of the petition, requirements and application number;
You need to ask for a complete or partial cancellation of the requirement due to their violation.

IMPORTANT! A statement of claim must be submitted before a decision is made.

There are three options for submitting an application:

Through government services;
Registered letter by mail;
Through an employee of the department office.

IMPORTANT! The debtor does not have to agree with the accusation, sign papers or repay even partial debt. These actions may cause your application to be denied.

Sample application

statements on the application of the limitation period: obrazets-iskovogo-zayavleniya-o-primenenii-sroka-iskovoy-davnosti.docx

Period and rules for filing a claim in court

What the statement of claim will look like depends on the circumstances of the case. In all cases, the following will remain unchanged: references to regulations; amount of debt; penalty amount; the period during which the debt was incurred.

It is better to file a claim before a decision is made, otherwise the decision will enter into irreversible force.

Amount of state duty and legal costs

According to Article 333.19 of the Tax Code, the state duty on the statement of claim is charged as a percentage, depending on the amount of the debt.

How to recalculate debt

In most cases, the need to recalculate the debt arises in a situation where no one lived in the apartment for a long time and the incoming receipts for housing and communal services were not paid.

In order for the management company to recalculate the accumulated debt, the owner of the premises needs to perform the following actions:

First of all, prepare a written statement containing the relevant request. Such a document does not have an officially approved form, so it is often drawn up in any form.
Collect documents that form the basis for making a request for a recount. Thus, an approximate list of such securities is reflected in clause 93 of section VIII of the Decree of the Government of the Russian Federation No. 354. This could be:

a copy of the management order on sending on a business trip;
hotel bills;
a certificate from the educational institution where the owner of the premises temporarily stayed;
written notification from the Russian consulate located in another country where the owner is located;
other types of supporting documents.

The complete package of papers should be sent to the body performing the functions of managing the apartment building. This could be a management company, HOA, residential complex, etc.

If the addressee ignores the received application or sends an unfounded refusal to apply the recalculation, the owner has the right to complain to the competent authorities (housing inspection, Rospotrebnadzor, prosecutor's office) or file a lawsuit in court.

Application Form

To write a petition for the use of IDS when collecting a debt to pay utility bills, you do not need special knowledge. The main thing is to formulate an application according to the rules of office work and clearly indicate your requirement.

Contact details:

header: where the applicant is applying (name of the court), case number or party number (must be in the statement of claim), full name of the applicant;
the name of the document in the center of the sheet;
the essence of the petition and a statement of the main points of the case, an indication of the expiration of the deadline;
link to article 195-199 of the Civil Code of the Russian Federation is desirable, but not mandatory;
signature and date.