Letter of complaint. Sample 2021-2022

A letter of claim (or otherwise a letter of complaint) is a type of business correspondence that is used in cases where one party to a contractual relationship expresses in writing to the other party dissatisfaction with the quality of fulfillment of obligations or informs about their complete absence.

Examples of complaint letters:

- about the return of funds - about failure to fulfill the terms of the contract - about repayment of debt - about low-quality goods - about delays in delivery

As a rule, a written complaint is preceded by oral negotiations (in person or by telephone), which do not have the expected effect.

Regardless of whether preliminary negotiations have been held or not, a written complaint is the most correct way to resolve problematic situations. This is due to the fact that immediately, from the moment of creation, it acquires evidentiary legal force, and in most cases, it allows you to deal with the issue in the shortest possible time.

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Rules for writing a letter

The letter of complaint does not have a standard unified template that is mandatory for use. It can be compiled in free form or according to a template developed within the enterprise. However, there are a number of rules that must be followed in any case during the writing process.

The letter of complaint should always include

information about the sender and addressee (if we are talking about legal entities, their full names must be indicated here, as well as, with regards to the addressee, the position and full name of the person for whom it is intended);
the reasons for its writing with references to clauses of the contract, laws and other norms that were violated;
possible ways to solve the problem and sanctions (also in accordance with the legislation of the Russian Federation) that may occur for the addressee in case of inaction.

If the letter contains any amounts and deadlines, they must be entered both in numbers and in words.

If there is any additional evidence, it can be added to the letter in the form of attachments (this could be checks, receipts, additional agreements, photos, links to video files, etc.). At the same time, the letter itself must necessarily reflect the fact of the attachments, indicating their number and, if they are written, the number of pages (for each of them separately).

You can write a letter of complaint either by hand or in printed form, but regardless of which path is preferred, the message must be certified with the “live” autograph of the manager. At the same time, it is not necessary to put a stamp on it (enterprises and organizations have been exempted from the obligation to stamp documents since the beginning of 2021).

There can be as many copies of the letter of claim as required; there are no restrictions here, but all of them must be properly certified.

The letter must be registered in the outgoing documentation log.

Oblige employees to send for registration all claims and customer complaints that require analysis

As we wrote above, there are many channels through which a claim can be submitted to the management organization. If a resident of the house sent it by email or regular mail, through the GIS Housing and Communal Services, or personally brought it to the office, then such letters should immediately go to the employee registering incoming correspondence.

It is important to stipulate in the algorithm that all written requests from clients must be transferred to the clerk/secretary for registration, and not placed on your desk or put aside.

When a letter is received by email of an individual employee, such employee is obliged to forward it to the clerk for registration. This will help minimize situations where the letter is lost, the MA does not respond to it on time, or it remains unanswered at all.

If a complaint is received by telephone not to the ADS, which has its own clear algorithms of action in accordance with RF PP No. 416, but to any other employee of the organization, the person who received the complaint is obliged to write it down and also send it for registration. In this case, it is necessary to record in the complaint the caller’s personal account number, contact phone number, date of the call and the essence of the complaint.

It is important to indicate the timing for this stage: the claim must be sent for registration immediately after it is received from the consumer through any of the channels. The clerk registers the client's letter on the day it is received.

Of course, if the employee can immediately solve the caller's problem, there is no point in registering a complaint. These recommendations relate to complaints that require analysis and decision-making.

Example of writing a letter of complaint

Filling out the header of the letter

The sender is indicated at the top of the document, i.e. In the required lines, write the full name of the enterprise (in accordance with the registration papers), address and telephone number for contact. Next, the recipient is entered: his name and the specific person to whom the address is made directly (position, surname, first name and patronymic).

Then the date of drawing up the letter and its number according to the internal document flow are indicated, and the name of the document is also written with a short indication of its meaning (for example, “about a violation under a supply agreement”).

Filling out the main part of the claim letter

This section is descriptive.

First, you need to indicate the reason for filing the claim, and if this is a violation of a clause of a contract, agreement or any other document, then you need to give a link to it, i.e. enter its date, number and essence.
If we are talking about funds, then they must be indicated both in numbers and in words.
Then you should formulate the text of the claim itself (when there are several problems, they should be entered in separate paragraphs) and offer to fulfill your obligations within a specific time frame (also in numbers and words).
Finally, you need to outline the actions that the sender is ready to take for a more drastic method of solving the problem (for example, going to court).
At the end, the letter must be signed, with a transcript of the signature and an indication of the position of the signatory.

Review and submit claims to the performers on the day they are received by the MA

All incoming claims after registration must be sent to the manager’s desk. It’s easier if the management organization has electronic document management: in this case, letters are scanned and sent to an official for review.

All claims and complaints must be submitted to the manager on the day they are received, if this occurs during working hours. As a last resort - in the morning of the next day, if, for example, the email arrived at the UO mailbox late in the evening.

The manager is required to devote time to reviewing and scheduling customer complaints once a day. This way, he will be aware of what and/or who customers are complaining about, and will be able to send the consumer letter to work as soon as possible.

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How to send a letter

A letter of complaint can be sent in several ways.

Email;
Fax;
post office.

The simplest and fastest options: via email or fax. But the most reliable way is conservative sending through Russian Post. It is interesting in that it makes it possible to send a message by registered mail with return receipt requested, which in turn will indicate that the addressee is guaranteed to have received it. The disadvantage here is also quite obvious - with this method you need to have a reserve of time. The most effective would be to combine two options: for example, sending copies of the letter via regular and email.

No need to contact

If you believe in practice, it is better to immediately contact the above-mentioned authorities.
Their work is the most productive. You should not waste your time on other organizations, because their activities will not bring any results, and you will only waste your time and energy.

Those owners who have already encountered similar problems can immediately distinguish organizations. It is worth familiarizing yourself with the list of these bodies in detail.

It is clear that no one blames these authorities, but the experience of apartment owners has shown that some authorities are simply not worth contacting. The fact is that some issues are simply beyond the competence of specialists. We can conclude that assistance simply will not be provided at the required level. The following organizations are considered useless:

Manager _ Logically speaking, if she didn’t do her job, then she won’t do it now. Most likely, appeals there will not bring any results.
City or district administration . Such issues simply cannot be resolved in this body. This is not how specialists who may be competent in such matters work.
Administration of the President. In this case, most likely, no one will pay attention to the complaint.
Police . The fact is that in such a case the situation is defined as a civil dispute. The police simply do not deal with such matters. If the manager has committed some serious crime, then a criminal case may be opened. But in another case, you will simply be sent to other authorities.
Deputy's reception room. Again, your question will at most be forwarded to the competent authority.
Senior in the house . This person is responsible for meetings and similar things that concern all owners. It is fashionable to turn to him only to raise public awareness. For example, you can gather people and write a collective complaint, and then send it where necessary.

ATTENTION! Perhaps you will be able to achieve something if you write an application addressed to the director of the management company. In this case, you should receive a response within 10 days. If it is not followed, then you should complain to another authority. It is worth noting that for reliability, the statement should be made in duplicate.

There are often cases when homeowners claim that management companies are in some kind of conspiracy with the administration. If you don’t want to receive empty unsubscribes, then it’s better not to contact them.

What to do after writing a letter

A letter of complaint requires a response, and various developments are possible: satisfaction of claims in full, in part, as well as a complete refusal to satisfy them. As a rule, the response itself is also written, in the form of a separate letter or a resolution imposed by the head of the recipient company on the received claim.

In cases where there is no answer, you should wait at least 30 days and then file a lawsuit or a complaint with a supervisory authority.

Where to complain?

If conflict situations arise, residents should first address questions to members of the HOA board. The supreme authority in this chain is the chairman. Any complaints can be submitted to his name. He, in turn, is obliged to consider them and answer the questions posed.

Lack of response to the owners’ statement or unwillingness to solve the problem that has arisen gives residents the right to appeal to higher authorities. Let's look at who controls homeowners' associations. You can file a complaint with the following authorities :

Housing inspection.
Rospotrebnadzor.
The prosecutor's office.
Judicial authority.

Each body has a number of powers to solve problems that arise within the HOA. Direct control over the activities of real estate owners' associations is carried out by the housing inspectorate. This organization has the right to influence the activities of the HOA by canceling measures already introduced or forcing the adoption of certain norms in the activities of the partnership.

Letter of claim for refund

When is it compiled?

A written request to return previously paid funds is appropriate when this problem could not be resolved by direct contact. This can happen if one of the parties has not fully or incorrectly fulfilled its obligations under the contract. Most often, this situation occurs when there is dissatisfaction with the quality of the purchased product. When the consumer wants to return it and get their money back.

Writing a letter of claim is mandatory if a dissatisfied buyer plans to go to court to protect his rights. This authority must record the fact that at first they tried to resolve the claim pre-trial, but the procedure for consideration was violated or the request was not satisfied.

Writing rules

The letter of complaint is drawn up in any form, but in compliance with the basic rules of office work. And since this document can be submitted to the court, you need to take into account some details that will make it legally relevant, and if not observed, they may be deprived of such status. These include:

data of the addressee of the claim - the person, including the legal entity, who violated the rights of the submitter;
information about the applicant, including contact details;
essence of the claim;
personal signature of the submitter;
date of preparation of the paper.

How to formulate a claim

When describing the actual situation that led to the request for a refund, you should adhere to these recommendations.

Date of conclusion of the contract (purchase of goods).
The main responsibilities of the parties under the contract.
Which of these duties were violated?
The applicant's request for a refund.
Deadlines for fulfilling the requirement.
Measures that the applicant intends to take if his request is not satisfied.

IMPORTANT! Write a letter of complaint in two copies. Try to get a mark of delivery on the second one (if submitted in person).

Individual entrepreneur Razbudsky Anton Mikhailovich, legal address: 426046, Izhevsk, st. Pervomaiskaya, 18 from Larisa Anatolyevna Dobronravova, living at the address: 426024, Izhevsk, Pobeda Avenue, 12, apt. 85

CLAIM FOR REFUND

Between me, L.A. Dobronravova (hereinafter referred to as the Buyer), and IP Razbudsky A.M. (hereinafter referred to as the Seller) On May 12, 2017, agreement No. P9n125467 was concluded, under the terms of which the Seller was to transfer to the Buyer a chest of drawers with a changing table “Agafyushka” within the established time frame, and the Buyer agreed to pay the price of the goods.

The Buyer's obligations were fulfilled in full when ordering the goods on May 12, 2017. The Seller met the delivery deadlines for the goods, but upon delivery it was discovered that the characteristics of the chest of drawers did not correspond to the sample provided. The fronts of the chest of drawers are made not of painted, but of film MDF, the dimensions do not match the declared ones, the changing table is covered with a different material. All this does not meet the requirements established by Art. 469 of the Civil Code of the Russian Federation and Art. 4 of the Law “On Protection of Consumer Rights” - when selling goods based on a sample or description, the seller is obliged to transfer the goods that correspond to such sample or description.

In accordance with Art. 18 of the Law on the Protection of Consumer Rights, the Buyer has the right to return goods that do not correspond to the sample and demand a refund of the amount paid for it.

Based on the above, I demand, within ten days from the date of receipt of this claim, to return to the Buyer the funds paid by him for the “Agafyushka” chest of drawers with changing table, in accordance with the issued receipt. Otherwise, the Buyer will apply to the court for protection of consumer rights, payment of penalties and compensation for moral damage.

May 13, 2021 /Dobronravova/ L.A. Dobronravova

Letter of complaint about non-compliance with the terms of the contract

When is this document needed?

If a partner fulfilled his obligations under the contract improperly or did not fulfill what he guaranteed at all, the rights of the injured party can be protected by the court. But before you go there, you must try to resolve the problem in the order in which you contacted us. For some claims, writing a letter is a required step before filing a claim.

Structure of a letter of claim

A claim should be made based on the usual requirements for such documents.

“Hat” – information about the addressee: an individual or legal entity who has violated contractual obligations.
Submitter details.
Document's name.
Details of the contract, the terms of which have not been fulfilled.
Listing of violated obligations.
Results that resulted from non-compliance.
Time limits for correcting violations.
Additional information if needed.

IMPORTANT! The letter should make it clear exactly what facts the claim relates to, what the addressee needs to do to correct the situation, and within what time frame.

General Director of Clean Clothes LLC, Petr Nikolavevich Perekosov, legal address: 440000, Penza, st. Kirova, 23 from Petrakovskaya Antonina Vitalievna, living at the address: 440000, Penza, st. Kirova, 28

CLAIM under service agreement No. P7n 174836 dated June 29, 2017

On June 29, 2021, agreement No. P7n 174836 was concluded between A.V. Petrakovskaya (Customer) and Clean Clothing LLC (Contractor) for the provision of dry cleaning of women's sheepskin coats.

According to clauses 4.2 and 4.3 of the above-mentioned agreement, the Contractor undertook to dry-clean and sew buttons on a women's sheepskin coat by July 2, 2021, and the Customer, in accordance with clause 5.1, agreed to pay for these services upon return of the item.

However, as of June 4, 2021, the Contractor’s obligations have not been fulfilled:

dry cleaning service for sheepskin coats was not provided;
the buttons are not sewn onto the sheepskin coat;
the item was not returned to the Customer.

Based on Art. 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract may be amended or terminated in the event of a significant violation of the contract by the other party. Due to a significant violation of the terms of the contract, the Customer suffered damage because he was unable to take the item with him on the planned trip.

Based on the above, I demand:

Immediately eliminate the violation of the terms by providing the service specified in the text of the contract.
Inform the Customer as soon as the violation is eliminated.
In accordance with clause 6.1 of the agreement, pay the Customer a penalty in the amount of 10% of the cost of work for each day of delay.

If the Customer’s demands are ignored within 10 days from the date of filing the claim, he will be forced to terminate the contract and, in order to protect his rights and legitimate interests, file a claim in court, where, in addition to the return of funds, he will demand the recovery of legal costs and the cost of paying state fees .

July 7, 2021 /Petrakovskaya/ A.V. Petrakovskaya

Letter of claim for debt repayment

When is such a letter written?

There may be several reasons for writing a letter demanding repayment of the resulting debt:

violation of payment terms specified in the contract;
loan arrears.

Sending a letter of claim is mandatory if you plan to file a claim for forced collection of debt. Without an attempt at pre-trial settlement, which is evidenced by this document, the claim will not be satisfied, and perhaps will not even be considered.

Features of compilation

The structure of the claim letter is normal, and the content is drawn up in free form with mandatory references to the violated clauses on the timing and amount of payment under the contract. The nuances vary depending on the type of contract:

purchase and sale;
rent;
work agreement;
shipping;
storage;
provision of services;
other.

It is advisable to refer to the legislative acts that were violated. It is mandatory to indicate the time period during which the counterparty agrees to accept funds in payment of the debt without a penalty (or with the specified penalty), without going to court for collection.

Zalimansky Konstantin Petrovich, living at the address: 300971, Tula, st. Puzakova, 71, apt. 19 From ZHKH-Service LLC, legal address: 300971, Tula, st. Puzakova, 70

Letter of claim for payment of debt

Housing and communal services LLC informs you that you have a debt to pay for housing and communal services in the amount of 482 rubles. 78 kopecks, which was formed as of October 1, 2021. We notify you of the need to repay the specified debt within a week from the date of receipt of this letter.

If the payment requirement is not met within the specified period, the water supply to your apartment will be limited and subsequently terminated, reconnection will be paid, in accordance with Government Decree No. 354 of May 06, 2011, section 11. In case of non-payment, the issue of debt collection will be decided in court.

We remind you that in accordance with Article 155, paragraph 1, payments for residential premises and utilities are paid monthly before the 10th day of the month following the expiration of the month. In case of late payment, penalties will be charged (Article 155, Clause 14 of the Housing Code of the Russian Federation). To pay off the debt and the reasons for its formation, we ask you to come to the housing and communal services at the address: 300971, Tula, st. Puzakova, 70.

10/03/2016 General Director of Housing and Public Utilities Service LLC /Terentyev/ V.V. Terentyev

What standards exist?

The main laws and regulations that guide housing and communal services enterprises in 2021 are: Housing Code, Civil Code, Water Code, Code of Administrative Offenses, and other regulations.

One of the main documents is Decree of the Government of the Russian Federation dated 05/06/2011 N 354 (as amended on 03/02/2021, as amended on 05/31/2021) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”

This Resolution establishes the requirements for the provision of public services for home owners, namely regarding the supply and shutdown of water supply, sewerage, electricity supply, gas supply, heating and waste removal.

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Cold water shutdown standards

If we talk about the supply of cold water, then according to the standards, the duration of the supply interruption should not exceed 8 hours per month. The time period at one time should not be more than 4 hours. For each hour exceeded, the service fee is reduced by 0.15%.

The telephone number of the hotline for turning off the water supply (SUE “Vodokanal St. Petersburg”) is 305-09-09.

Deviation of the composition and properties of cold water from the requirements of the legislation of the Russian Federation on technical regulation is not allowed. If there was such a deviation, then for each day of such deviation the utility fee is reduced. This also applies to pressure in the cold water supply system.

Hot water shutdown standards

The rules for turning off hot water supply are the same as for cold water. Disabling is permissible for no more than 8 hours per month, and no more than 4 hours in a row. In case of problems with a dead-end main, the supply may be turned off for a day.

The Heating Network hotline will help if these requirements are not met. When disconnecting, the fee should be reduced by 0.15 percent of the fee for the billing period. The temperature should not be less than 60 degrees Celsius and no more than 75. At night the indicator can deviate up to 5 degrees, and in the daytime up to 3 degrees.

Hotline numbers of heat supply organizations in St. Petersburg:
State Unitary Enterprise "TEK SPb" - 601-93-93 JSC "Heating Network of St. Petersburg" - 688-46-46 LLC "Petersburgteploenergo" - 233-00-08

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For every 3 °C temperature deviation, the monthly fee is reduced by 0.01%. And if the water temperature is below 40 °C, then the fee is the same as for supplying cold water. The composition and properties of hot water should also be normal and the pressure should not deviate by more than 25% (as with cold water).

Many people have to think about heating issues in Smolny. According to standards, heat cannot be turned off for more than 16 hours at a time, subject to the heating season . During the month the heating is not turned off for more than 24 hours. Also, standards are set at a certain room temperature.

Power outage standards

Do not forget about the light, the maximum break can be 2 hours, during which time emergencies must be eliminated. This time is set for those houses that have a backup power source. If it is not there, then the accident must be resolved within 24 hours. If the deadlines are not met, then the management company must recalculate the payment period by 0.15% for each hour without electricity.

Hotline phone number of PJSC "Rosseti Lenenergo" - 8-800-220-02-20

Constant voltage with the frequency of the electric current must also be provided. For this violation there is a recalculation of 0.25% for the payment period.

ATTENTION! Remember about the rules for maintaining staircases. A telephone number for complaints will be required if they are not followed. Wet cleaning should be done at least once a month, and dry cleaning at least every five days. Homeowners associations must ensure ventilation of stairwells.

Letter of complaint about a defective product

In what cases is it compiled?

A letter of complaint about inadequate quality of goods can be sent to the following addressees:

to the supplier in case of delivery of goods whose quality does not comply with the contract;
an organization that sold a product of inadequate quality to the end consumer.

Most of these documents are sent precisely in accordance with consumer protection.

What is the purpose of the claim letter?

In documents of this kind it is always customary to indicate what the sender of the letter expects in relation to the addressee. If we are talking about the inadequate quality of the purchased product, then, depending on the specific situation, the submitter of the letter has a choice that must be stated in the document:

replace a low-quality product with another similar one, but of adequate quality;
replace the damaged product with the same one, but of a different brand or article (by agreement, with or without additional payment);
reduce the price paid for the goods in proportion to the defects;
correct defects incompatible with the quality of the product free of charge;
pay for the elimination of defects in the product performed by the consumer or a third party;
return all money that was paid for the product by returning it to the seller (return costs are borne by the seller).

IMPORTANT! It is necessary to comply with the deadlines for submitting a letter of claim - there are certain time frames for satisfying the requirements.

Additional nuances

In addition to the stated requirement, which is permitted by the Consumer Rights Protection Law, and the usual details. Mandatory for business correspondence, a letter of complaint about a defective product must contain supporting information. They can be in the form of attachments of documents indicating the fact of payment for the goods and non-compliance with quality. They may be:

copies of checks, receipts;
technical passport for durable goods (copy);
a copy of the repair warranty card;
act on examination of technically complex goods, etc.

To the head of Mirandolina LLC, P.R. Sventkovsky, legal address: 410 620, Saratov, st. Chekhov, 91 from Nastoychenko L.Yu., living at the address: 410 021, Saratov, st. Plyatkina, 26, apt. 60, Tel. 427-06-18

CLAIM

On September 08, 2017, I purchased from your company a black Samsung Galaxy J5 Prime SM-G570F smartphone worth 12,990 rubles (according to a cash receipt). According to the attached warranty card, the smartphone is covered by a 12-month warranty.

According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the goods transferred to the buyer by the seller must be of proper quality, and by virtue of Art. 10 of the above Law, the seller is obliged to promptly provide the buyer with complete reliable information about the product, which will ensure the opportunity to make the right choice. In accordance with Art. 8 of the Law of the Russian Federation “On the Protection of Consumer Rights” information is provided in Russian. In violation of the above norms, all information about the smartphone was exclusively in a foreign language, which, due to the direct instructions of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 1994. No. 7 “On the practice of courts considering cases on the protection of consumer rights” (as amended on May 11, 2007) can be considered as a lack of necessary information.

Four days later, the phone malfunctioned: after trying to connect to the mobile Internet, a failure occurs, the phone does not make calls, and I have to reboot it.

Based on Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, clause 27 of the Rules for the Sale of Certain Types of Goods, a buyer who has purchased a product of inadequate quality has the right to file a claim and ask for a refund of the money paid for it, as well as to compensate for all losses caused by the sale of goods of inappropriate quality . The consumer has the right to make the same demands if he was not provided with the necessary information about the product (Article 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

In accordance with Art. 22 of the Law, the requirement for the return of money paid for the goods, as well as for compensation for losses caused, must be no later than 10 days from the date of receipt of the letter of claim. For failure to timely satisfy this requirement of Art. 23 of the Law provides for a penalty of 1% of the cost of the goods for each day of delay.

By failing to provide me with the information required by law about the product, by selling a low-quality product, you violated my consumer rights, and therefore I had to seek legal assistance and pay for the service of drawing up this letter of claim in the amount of 500 rubles (supporting document - receipt of Lawyer LLC "from 11/17/2017)

Taking into account the above circumstances, guided by Art. 4, 8, 10, 12, 18, 22 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I refuse to fulfill my obligations under the purchase and sale agreement and demand:

No later than 10 days later, return to me the money paid for the product of inadequate quality - Smartphone Samsung Galaxy J5 Prime SM-G570F in the amount of 12,990 rubles.
Compensate me for costs (losses) caused by seeking legal assistance in the amount of 500 rubles.

If my legal demand is left unattended, I have the right to file a claim in court, where I will demand compensation not only for material costs, but also for moral damage, as well as a penalty for delay in satisfying the consumer’s legal demand.

November 18, 2017 /Nastoichenko/ L.Yu. Nastoichenko

Complaint to the prosecutor's office against the management company

I noticed that many interlocutors feel panicked by this organization and perceive a statement to the prosecutor’s office as the most extreme, dangerous and unjustifiably cruel means towards an opponent. In reality, this is a simple and banal procedure. Unfortunately, it is not always effective, since not all issues under consideration fall within the competence of the prosecutor’s office and statements there are often answered with a formal reply about incorrect jurisdiction and the impossibility of replacing the competence of other structures.

However, when considering controversial situations in the housing and communal services sector, complaints to the territorial prosecutor's office sometimes work better than long litigation with utility companies. It is enough to do it correctly and consistently.

Your appeal to the Criminal Code, left unanswered, an untimely response from Rospotrebnadzor, or ridiculous responses from organizations demonstrating their ignorance of the regulatory framework - all this is a serious reason for complaints to the prosecutor’s office. The government agencies listed above have 30 days to prepare a response to your complaint. After this period, you can contact the prosecutor's office for help. However, if you are reading this article, then obviously you need the most effective way to influence the structures of the housing and communal services. So keep a secret tip.