The owner, tenant or tenant of the premises has accumulated a debt for housing and communal services or opposes the established amount of payment for the residential premises. Today we will tell you which court the management organization should go to to resolve such disputes.
We approve the amount of payment for residential premises and additional services
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Agreement with the management company
According to the provisions of Art. 162 of the Housing Code of the Russian Federation, the management company enters into an agreement with residents , where the above-mentioned organization, for a fee, undertakes to manage and maintain an apartment building, carry out repairs to the premises, provide utilities to residents, etc.
Naturally, all detailed information is indicated in the contract itself or on the official website of the management company , where you can find out:
- a list of services provided by the management company in your home;
- the total area of the house and the number of living owners;
- the period for which the contract was concluded;
- the price of the contract and the amount of your payment;
- mutual responsibility;
- control over fulfillment of obligations and reporting.
Usually, one copy of the contract is given to each homeowner , so read its provisions carefully to avoid any misunderstandings.
Otherwise, it is quite possible that the management organization did not undertake to perform certain services under the contract (for example, major repairs).
If the contract is lost , then go to the official website of the management company and read all the necessary information.
When do you have to go to court?
In what case should you sound the alarm and file a lawsuit? The grounds are any violation of the provisions of the contract with the management company, improper fulfillment of obligations or simply evasion of them.
For example, the list of such grounds includes:
- violation of sanitary and hygienic standards . For a long time, the management company does not carry out wet cleaning of entrances, stairs, elevators, wall surfaces, windows, ceilings, lamps, mailboxes, basements, attics, etc. or all of the above activities are carried out improperly;
- violation of maintenance of various premises in apartment buildings . The organization does not consider it necessary to engage in the maintenance and technical maintenance of attics, basements, staircases, entrances, lobbies, etc.;
- failure to carry out technical maintenance of the building , repair work in apartment buildings. The company does not regularly conduct scheduled inspections of premises; does not clean water supply systems, garbage chutes, central heating systems, and also does not carry out repairs of premises, engineering equipment, etc.;
- failure to carry out maintenance of engineering equipment in apartment buildings . The organization does not properly repair and clean the ventilation, heating, electrical equipment, gas supply, fire automatics, etc.;
- poor quality provision of public services , which are guaranteed to citizens by the Federal Law “On the Protection of Consumer Rights”. For example, electricity and heating in the house do not work well, hot water is constantly turned off, etc.
Pre-trial dispute settlement
There can be many situations and reasons for going to court. It is also worth noting that this type of dispute does not require mandatory pre-trial regulation , but judges have different attitudes to this issue and often make a decision not in favor of the plaintiff due to the lack of an initial claim against the management company (how to write a complaint to the management company correctly?) .
You are filing a claim in free form, since the law does not provide for mandatory requirements for its content.
However, according to general unspoken rules, you must indicate in your claim :
- sender's name and details;
- name and details of the management company and the official to whom the claim is sent;
- the circumstances and facts on which you base your claims;
- specific violations of contract terms or laws;
- the requirements and recommendations themselves;
- personal signature;
- date of.
Pre-trial claim to the management company, sample.
For reinsurance purposes, you must submit your claim to your property management company by certified or certified mail (preferred), return receipt requested.
Or you can personally come to the organization to an official, where the claim will need to be drawn up in two copies.
If the management company does not respond to you within 30 days , as provided for in Article 12 of the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” or promises to fix everything and does not take any action, then feel free to go to court.
You also have the opportunity to file a complaint against the management company and the supervisory authorities (Housing Inspectorate, Rospotrebnadzor, Prosecutor's Office) as an alternative. This will only be your advantage in court proceedings.
Separately, it is worth noting that the management company quite often refers to a lack of funds or insufficient payment by residents for their services, but this is not a reason for non-compliance with the terms of the contract .
Recommended publications on the topic:
- Claims for recovery of damage caused by flooding of apartments and premises
- All claims for damages
- Bay of apartment, assessment and claim for damages
- The neighbors upstairs flooded. What to do? Where to contact?
To the Pushchino City Court of the Moscow Region 142290, Pushchino, Moscow Region, st. Gruzovaya, 2/1
Plaintiff: V.O.D. residing: 142290, Pushchino, Moscow region, microdistrict “V”, no. 28, apt. ... Tel. 8(496) ...
Defendant: Municipal enterprise "Housing and Communal Services Department" of the city district of Pushchino, Moscow region (MP UZHKH) OGRN No. 1025007774440 INN 5039000202. Address: 142290, Pushchino, Moscow region, Microdistrict "V", no. 2 Director Viktor Anatolyevich Stepanov Director's reception : tel
Third party: V.D.B (indicate full name, patronymic, place of residence (registration)
Cost of claim: 117,249 rubles, 70 kopecks. (according to Article 17 of Law No. 2300-1, consumers are exempt from paying state fees when going to court)
Statement of claim for compensation for damage caused by flooding of an apartment
I, V.O.D. I am the owner of 57/100 shares in the right to residential premises - an apartment located at the address: 142290, Pushchino, Moscow region, microdistrict "V", 28, apt. ... The owner of 43/100 shares in the right is my son V.D.B.
The management organization that carries out the maintenance and repair of the common property of multi-apartment residential building No. 28 in the microdistrict “B” in the city of Pushchin, Moscow Region, is the MP “UZHKH of the urban district of Pushchin, Moscow Region” (hereinafter also referred to as the “defendant”, MP “UZHKH”) .
On 06/09/2013, as a result of improper fulfillment by the defendant of his obligations under the management agreement for the specified apartment building, six apartments were flooded, including apartment No. ...
On 06/09/2013, representatives of the defendant drew up an inspection report for apartments 44, 38, 32, 26, 20, 14 of residential building No. 28, from which it follows that “wetting in apartments 44, 38, 26, 20, 14 occurred as a result cold water leaks in the niche between 44 and 50 square meters.”
On June 17, 2013, representatives of the defendant drew up an inspection report for apartment No. 26.
Based on the results of the inspection, the causes and consequences of the flooding of apartment No. 26 were established:
“..in the ceiling of squares 40, 50 a leak formed in the cold water riser, as a result of which in the square. 26 in the large room there is parquet 24 sq.m. (moved away from the base by 12 sq mm.) Parquet was poured in the kitchen (5.8 x 2.60) but did not move away from the base... In the hallway the parquet moved away from the base (1.80 x 5.20; 2.80 x 1, 05)"
On July 16, 2013, the chief engineer of the UZHKH MP compiled a defective statement, from which it follows that the parquet floor with an area of 30.5 sq.m. needs to be repaired.
On August 27, 2014, I contacted the defendant with a statement “to increase the estimated cost determined for the repair of floors due to flooding due to the fault of the housing and communal services department.” No response was received.
08/28/2014 As follows from the defendant’s estimate No. 448 dated August 28, 2014, the cost of restoration repairs was determined in the amount of 57,415 rubles, 03 kopecks.
On September 10, 2014, I contacted the defendant with a “statement on the procedure for paying compensation in connection with a flood caused by MP UZHKH,” in which it was proposed to either pay me the entire amount amounting to the amount of damage caused (not disputed by the defendant), or offset the amount payable for damage caused by the flood to the apartment against future payments for the maintenance of the common property of the apartment building.
There was no response to this statement.
As stated above, from the inspection report it follows that the flooding of the apartment occurred due to the fact that “a leak in the cold water riser formed in the ceiling of apartments 40 and 50.”
Both floors and risers belong to the common property of the owners, the responsibility to maintain which in proper condition lies with the management organization.
In particular, according to paragraphs. in paragraph 2 of the Government of the Russian Federation of August 13, 2006 No. 491, the common property includes... enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures).
And according to clause 5 of the said government decree, the common property includes in-house engineering cold and hot water supply systems, consisting of risers...
From the above it follows that the defendant does not dispute both the guilt of causing damage as a result of the flooding of the apartment, and the amount of damage in the amount of 57,415 rubles, 03 kopecks.
1. Losses
As provided for in paragraph 1 of Article 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault (clause 2).
According to parts 1, 5 of Article 161, Article 162 of the Housing Code of the Russian Federation and paragraph 10 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, the management of an apartment building must ensure favorable and safe living conditions for citizens, the maintenance of common property in an apartment building in accordance with the requirements of the legislation of the Russian Federation (including on sanitary and epidemiological welfare of the population, technical regulation, protection of consumer rights).
In accordance with Part 2.3 of Article 161 of the Housing Code of the Russian Federation, when managing an apartment building by a management organization, it is responsible to the owners of the premises in the apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building and the quality of which must comply requirements of technical regulations and the Rules for the maintenance of common property in an apartment building established by the Government of the Russian Federation.
According to clause 42 of the Rules for the maintenance of common property in an apartment building..., approved. By Decree of the Government of the Russian Federation of August 13, 2006 N 491, management organizations ... are responsible to the owners of premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.
The rules and regulations for the technical operation of the housing stock, approved by Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Sector dated September 27, 2003 N 170, determine that the maintenance of a building includes a set of works to maintain in good condition elements and intra-house systems, specified parameters and operating modes of its structures, equipment and technical devices.
2. Law of the Russian Federation N 2300-1 “On the Protection of Consumer Rights” is applied to the legal relations of the parties related to the provision by the defendant of services for the maintenance and servicing of the housing stock.
Based on the content of the preamble of the law on the protection of consumer rights, taking into account the explanations of the Supreme Court of the Russian Federation set out in paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes on the protection of consumer rights” dated June 28, 2012 N 17, to controversial legal relations parties (improper provision of services for the maintenance of common property of apartment buildings), the provisions of the Law of the Russian Federation “On the Protection of Consumer Rights” are applicable.
Paragraph 8 of Article 29 of the Law on the Protection of Consumer Rights stipulates that the consumer, upon discovery of deficiencies in the service provided, has the right to demand full compensation for losses caused to him in connection with the deficiencies in the service provided.
3. Penalty in favor of the consumer
As stated above, the legal relations between the plaintiff and the manager related to the maintenance of common property are subject to the requirements of the Law of the Russian Federation “On the Protection of Consumer Rights”.
In accordance with paragraph 1 of Article 31 of the Law of the Russian Federation “On the Protection of Consumer Rights”, consumer demands for a reduction in the price for work performed (service provided), for reimbursement of expenses for eliminating deficiencies in work performed (service provided) on their own or by third parties, as well as the return of money paid for work (service) a sum of money and compensation for losses caused in connection with refusal to fulfill the contract, provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of the same Law, are subject to satisfaction within ten days from the date of presentation of the corresponding demand.
According to paragraph 3 of Article 31 of the above Law, for violation of the deadlines provided for in this article for satisfying individual consumer requirements, the contractor pays the consumer a penalty (penalty) for each day of delay, the amount and procedure for calculating it are determined in accordance with paragraph 5 of Article 28 of the Law.
Paragraph 5 of Article 28 of the Law provides for a penalty for each day (hour, if the period is defined in hours) of delay in the amount of three percent of the price of performing the work (providing a service), and if the price of performing the work (providing the service) is not specified in the contract for the performance of work (provision of services) determined - the total order price.
The above legal position on the collection of a penalty from the management organization for violating the deadlines for satisfying consumer claims for compensation for damage caused by flooding of an apartment is reflected in judicial practice. See for example:
- appeal ruling of the Moscow City Court dated February 26, 2015 in case No. 33-1193;
- appeal ruling of the Moscow City Court dated October 14, 2014 in case No. 33-34950/14
From the above it follows that I submitted an application “on the procedure for paying compensation in connection with a flood caused by MP UZHKH” on September 10, 2014. Consequently, the obligation to compensate for damage should have been fulfilled by the defendant no later than September 20, 2014, but has not yet been fulfilled.
Thus, the delay in execution for the period from September 20, 2013 to July 10, 2015 was more than 9 months, and therefore the amount of the penalty is 465,061 rubles, 74 kopecks. (RUB 57,415.03 x 3% x 270 (days)).
However, in accordance with clause 5, part 5, art. 28 of the Law “On the Protection of Consumer Rights”, the amount of the penalty (penalty) collected by the consumer cannot exceed the price of a separate type of work (provision of a service) or the total price of the order, if the price of a separate type of work (provision of a service) is not determined by the contract for the performance of work ( provision of services), in connection with which the amount of the penalty is 57,415 rubles, 03 kopecks.
4. Compensation for moral damage
According to Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.
Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.
In paragraph 45 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” it is stated that “when the court decides the issue of compensation for moral damage to the consumer, a sufficient condition for satisfying the claim is the established fact of violation consumer rights.
The amount of compensation for moral damage is determined by the court regardless of the amount of compensation for property damage, and therefore the amount of monetary compensation collected for compensation for moral damage cannot be made dependent on the cost of the goods (work, service) or the amount of the penalty to be collected. The amount of compensation awarded to the consumer for moral damage in each specific case must be determined by the court, taking into account the nature of the moral and physical suffering caused to the consumer, based on the principle of reasonableness and fairness.”
The moral damage caused by the defendant is that I, a labor veteran, a 76-year-old pensioner, suffering from diseases of the joints and spine, for whom it is especially difficult to walk and stand, had to come many times to different offices of the housing and communal services department, where I was not always accepted due to their perpetual busyness or absence of the necessary official, reminding me about the repairs that they have been obligated to do to me since the summer of 2013, writing statements without receiving any repairs, monetary compensation, or even a written response, and feeling absolutely powerless.
I consider compensation for moral damage in the amount of 20,000 rubles reasonable and fair.
5. Penalty in favor of the consumer for non-satisfaction of requirements
According to paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights, when the court satisfies the consumer’s requirements established by law, the court collects from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer’s requirements a fine in the amount fifty percent of the amount awarded by the court in favor of the consumer.
As stated in paragraph 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, when the court satisfies the consumer’s demands in connection with the violation of his rights established by the Law on the Protection of Consumer Rights, which were not satisfied voluntarily by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer), the court collects a fine from the defendant in favor of the consumer, regardless of whether such a requirement was stated to the court (clause 6 of Article 13 of the Law).
Since the defendant MP "UZHKH" did not voluntarily fulfill my demands for compensation for damage caused as a result of the flooding of the apartment, a fine in the amount of 57,415.03 rubles is subject to recovery from the defendant. ((57,415.03 (repair cost) + 57,415.03 (amount of penalty): 2).
6. Re-flooding of the apartment due to the fault of the defendant
On May 2, 2015, apartment No. 26 was flooded again.
The defendant does not deny guilt in causing the damage, as is expressly stated in the act dated May 28, 2015.
The amount of damage was also determined by the defendant - estimate No. 253 was drawn up. The cost of restoration repairs was determined in the amount of 2,419 rubles, 64 kopecks. ………………..
Thus, the price of the claim is 117,249 rubles, 70 kopecks. (57,415 rubles, 03 kopecks - the amount of damage caused by the flooding of the apartment on June 09, 2013 + 57,415 rubles, 03 kopecks, which is the amount of the penalty + 2,419 rubles, 64 kopecks, which is the amount of damage caused as a result of the flooding of the apartment on May 02. 2015).
Based on the above, I ask the court:
1. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the Pushchino Urban District of the Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 57,415 rubles, 03 kopecks, representing the amount of damage caused by the flooding of the apartment on 06/09/2013;
2. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 57,415 rubles, 03 kopecks, constituting the amount of the penalty for violating the deadlines for satisfying the consumer’s claim for compensation for damage caused by the flooding of the apartment on June 09, 2013;
3. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 57,415 rubles, 03 kopecks, constituting the amount of the fine for failure to voluntarily satisfy the consumer’s demands for compensation for damage caused by the flooding of the apartment on June 09, 2013;
4. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 20,000 rubles as compensation for moral damage;
5. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 2,419 rubles, 64 kopecks, constituting the amount of damage caused as a result of the flooding of the apartment on May 2, 2015.
Signature __________________ /V.O.D.
Attachments : (the defendant has copies of all attached documents)
1. copy of the certificate of registration of the plaintiff’s right to residential premises dated 07/09/2012. V.O.D.; a copy of the certificate of registration of the right to the apartment V.D.B.; 2. a copy of the application for the procedure for paying compensation in connection with a flood due to the fault of MP UZHKH dated September 10, 2014; 3. copy of estimate No. 448 dated August 28, 2014 in the amount of 57,415 rubles; 4. a copy of the application for an increase in the estimated cost determined for the repair of floors due to flooding due to the fault of the housing and communal services department dated August 27, 2014; 5. copy of the defective statement dated July 16, 2013; 6. copy of the act on the bay dated June 17, 2013, approved. MP UZHKH; 7. copy of the inspection report dated June 9, 2013, signed. Master of Housing and Communal Services; 8. a copy of the technical passport of the apartment at the address: Pushchino, Moscow region, microdistrict “V”, no. 28, apt. 26; 9. copy of the management agreement for an apartment building No. B-28/2013 with MP “UZHKH” dated January 1, 2013; 10. copy of V.O.D.’s application in MP UZHKH dated May 18, 2015 about a new flood (and damage to the floor covering) that occurred on May 2, 2015 due to the fault of MP UZHKH; 11. copy of estimate No. 253 dated June 6, 2015; 12. copy of the inspection report of MP UZHKH dated May 28, 2015; 13. copy of the defective statement dated May 28, 2015; 14. copy of the statement of claim for the defendant and a third party*
* From October 1, 2019, the plaintiff must independently send the statement of claim and its attachments to the participants in the process
Until October 1, 2021, the plaintiff sent to the court copies of the statement of claim and appendices to it according to the number of defendants and third parties, and the court sent the received documents to all participants in the process named in the claim.
From October 1, 2021, the plaintiff must independently send to other participants in the process a copy of the claim and other documents attached to the claim, and provide confirmation of their sending to the court (clause 6 of Article 132 of the Code of Civil Procedure of the Russian Federation).
In paragraph 14 of the appendix to the above statement of claim, reference should be made to “a notice of delivery or other documents confirming the sending to the defendant and a third party of copies of the statement of claim and the documents attached to it, which they do not have.”
We recommend:
All documents to the court (procedural documents):
Statements of claim to court; Applications to court (public legal relations, special proceedings..); Petitions to court, statements; Objections (response) to the statement of claim, complaint, arguments to the court; Complaints to the court (appeal, cassation, supervisory, private); Complaints against a decision in a case of an administrative offense; Complaints to the prosecutor's office and other authorities; Complaints, statements, petitions in criminal proceedings; Other procedural documents; Pre-trial claims (samples), demands, responses to claims.
Contents of the claim and how to draw it up
How to file a claim in court against housing and communal services? Once you have determined the jurisdiction, nature and size of your claims, then you draw up a statement of claim in writing .
The Civil Procedure Code of the Russian Federation, Article 131, details the requirements that the legislator imposes on the form and content of the claim.
It is this above-mentioned code that you should use when writing a statement of claim. According to the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation, in the statement of claim you need to indicate :
- the name of the court where the dispute is being heard;
- name and details of the plaintiff or his representative;
- name and details of the defendant;
- the essence of the violated rights and legitimate interests, as well as the requirements presented. At this point you need to substantiate your arguments with specific legal norms;
- all the circumstances on which you base your claims with evidence;
- calculations of disputed or collected amounts of money, and if your claim is subject to assessment, you must independently indicate the cost of the claim;
- any information about the pre-trial stage of dispute resolution;
- necessary documents attached to the claim;
- personal signature;
- date of.
If you have not forgotten to write all the above mentioned points, then your claim is completely ready.
Statement of claim to court against the management company, sample.
Attached documents
The statement of claim must be submitted to the court along with documents confirming your grounds for claim.
When filing a claim in court, you must provide the following documents as an attachment :
- A copy of the claim.
- Power of attorney, if a representative is involved in the matter.
- Agreement on ownership of housing or copies thereof.
- The tenant’s agreement with the management company or copies thereof.
- Documents on payment of utilities.
- Copies of claims, complaints, appeals sent to the management company or supervisory authorities.
- Copies of responses to claims, complaints and appeals.
- Evidence in writing or on any tangible medium (expert opinion, photos, video documents, etc.) confirming all the circumstances of the case, including violation of the terms of the contract or legislation.
- A document with calculations of the funds collected.
- Receipt for payment of state duty.
Debts for utilities in the Moscow region: collection through court or settlement agreement
Federal legislation obliges residents of the Moscow region to pay utility bills on time. If a tenant has accumulated a debt, it can be collected in court. However, as explained in the prosecutor's office of the Moscow region, the debtor and creditor have the right to agree peacefully at any stage of the case in court. Read more about this in the material of the mosreg.ru portal.
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Notification of debt
Source: RIAMO, Alexander Manzyuk
Utility service providers notify the tenant in different ways about the presence of debt: via SMS, phone call, email or through a personal account in the Housing and Communal Services GIS. At the same time, the debtor receives a payment slip with explanations and a requirement to transfer the accumulated amount.
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Paying debt in installments
Mosobleirts
Source: , press service of Deputy Chairman of the Government of the Moscow Region Evgeny Khromushin
The creditor may make concessions to the defaulter and restructure the debt: provide a deferment or installment plan. For example, a tenant may enter into an agreement with a supplier and first pay a penalty or part of the principal amount.
Debt collection in court
Source: RIAMO, Nikolay Koreshkov
If an agreement cannot be reached peacefully, the creditor can recover the funds in court.
A debt of less than 500 thousand rubles is considered in court as part of writ proceedings. This means that the debtor is not informed about the application filed in court and is not summoned to the court hearing. The court examines the documents presented by the management company, issues a court order for collection and sends it to the debtor. From the moment of receipt of this document, the tenant has 10 days to object to its execution. In this case, the judicial act will be canceled, and the creditor will have the right to file a claim in court.
Also, the management company can go to court through litigation if the debt exceeds 500 thousand rubles.
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Execution of a court decision
Source: , press service of the Federal Bailiff Service for the Moscow region
The execution of a court order or court decision is controlled by bailiffs. They request information about the debtor's income and assets. Money can be debited from a bank account or deducted from your salary. If the debt is large, the defaulter may lose expensive property (for example, a car or real estate). Bailiffs also have the right to restrict the debtor from traveling abroad.
If money and property are not found on the debtor, the payment will not be written off. The creditor can continue enforcement proceedings until the defaulter has the opportunity to repay the amount.
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Settlement agreement
Source: RIAMO, Nikolay Koreshkov
At any stage of the case, the dispute between the debtor and the creditor can be resolved by concluding a settlement agreement. The document must regulate the procedure and timing for the fulfillment of the debtor’s obligations in monetary form. With the consent of the creditor, a settlement agreement may reduce the amount of the penalty or increase the period for payment of the debt.
If the parties enter into a settlement agreement, the court will terminate the proceedings or enforcement proceedings in this case.
How to pay for housing and communal services online in the Moscow region>>
Cost of claim and terms
Often, the applicant has difficulties not only in how to write an application to the court for housing and communal services (see sample above), but also how to calculate the cost of the claim .
According to the general rule, the amount of the claim is equal to the total amount of money collected from the defendant , that is, these are all the monetary claims of the plaintiff, and if there is a non-property dispute, then the cost of the claim is not calculated.
State fees and court costs are not included in the cost of the claim . The cost of the claim is calculated in accordance with Article 91 of the Code of Civil Procedure of the Russian Federation.
Even if the plaintiff indicated the incorrect value of the claim, the judge himself will correct everything and change the amount of money.
If the amount of claims in your claim does not exceed 1 million rubles , then you do not pay the state fee in accordance with clause 4, part 2 of Art. 333.35 of the Tax Code of the Russian Federation, since in these disputes you are the consumer, and the management company is the service provider.
A statement of claim against the management company (a sample of which is presented in the article) must be filed before the expiration of the statute of limitations, which is 3 years, calculated from the moment the applicant became aware of the violation of his rights.
The missed period of time may not be counted if the applicant has a valid reason for missing it.
If the homeowner has disputes with or members of the HOA and the problem is not resolved through conversations, then it is necessary to resort to filing a complaint, and this can also be a collective appeal. For information on how to draw up and submit a claim electronically or in writing, read our materials.
Sample statements of claim
If you want to prepare and submit an application to the court yourself, and are confident in your abilities and knowledge, we are giving you a gift - free samples of statements of claim to the court on the most common problems that arise for our clients. These samples are used for template situations and do not imply an integrated approach, which is needed in the case of complex situations and non-standard problems.
However, if you are sure that your problem is simple and trivial, you can use a template statement of claim to the court, or an application to government agencies. Our lawyers have prepared samples for you that will definitely be accepted by a court or government agency. Determine the category of your claim, use our convenient scheme to find a claim related to your problem and download it to your computer for free.
If you have any questions or difficulties in preparing a statement of claim, you can call the phone number or write on WhatsApp to make an appointment with a lawyer. We are always ready to help.
Alimony
Statement of claim for arrears of alimony Statement of claim for penalty for alimony Statement of claim for recalculation of the amount of alimony Statement of claim for divorce, division of property and collection of alimony Statement of claim for alimony for an adult child Statement of claim for alimony for the maintenance of a former spouse Statement of claim for exemption from payment alimony arrears Statement of claim for an increase in the amount of alimony Statement of claim for a reduction in the amount of alimony Statement of claim for the cancellation of alimony Statement of claim for the division of alimony Statement of claim in a fixed sum of money Statement of claim for the recovery of alimony for parents Statement of claim for the recovery of alimony without registering a marriage Statement of claim for recovery child support Statement of claim for alimony without divorce
Rent
Statement of claim for termination of the lease agreement and collection of rent
Seizure of property
Statement of claim for the release of property from seizure
Reinstatement
Statement of claim for reinstatement and compensation for moral damages
Compensation for harm
Statement of claim for compensation for harm caused to a citizen
Move-in/Check-out
Statement of claim for moving into residential premises Counter-claim for moving in Statement of claim for eviction from a hostel Statement of claim for eviction of tenants, temporary residents Statement of claim for eviction of a cohabitant Statement of claim for eviction Claim for eviction without the provision of other living quarters
Children
Statement of claim for the recovery of funds for child support Statement of claim for raising a child Statement of claim for restoration of parental rights Statement of claim for deprivation of parental rights Statement of claim for the procedure for participation in raising a child Statement of claim for the division of children Statement of claim for permission to leave the child abroad Statement of claim on restriction of parental rights Statement of claim to determine the child’s place of residence Statement of claim to challenge paternity Statement of claim to cancel adoption Statement of claim to establish paternity Statement of claim to remove obstacles in communication with the child
Compensation for harm
Statement of claim for compensation for harm caused to a citizen Statement of claim for compensation for moral damage
Agreement
Statement of claim for termination of contract
Debt, indebtedness
Statement of claim for collection of debt under a loan agreement Statement of claim for collection of debt under a loan agreement Statement of claim for collection of arrears of rent Response to the statement of claim for collection of debt
Living space
Claim for recognition as having lost the right to use residential premises Claim for recognition as having lost the right to use an apartment Claim for determining the procedure for using residential premises Statement of claim for allocating a share in an apartment Statement of claim for recognizing those in need of improved housing conditions Statement of claim for providing separate living space Statement of claim for determining the procedure use of an apartment Statement of claim to eliminate obstacles to the use of residential premises
Will
Statement of claim for invalidation of a will Statement of claim for invalidation of a will and certificate of inheritance
Bay
Claim for compensation for damage caused by flooding of an apartment Statement of claim for flooding of an apartment
Salary
Statement of claim for recovery of wages Statement of claim for recovery of salary and monetary compensation for delayed salary Statement of claim for recovery of salary upon dismissal
Reclamation
Statement of claim for recovery of property from someone else's illegal possession
To the developer
Statement of claim against the developer
Incapacity
Statement of claim for recognition as incompetent
Penalty
Statement of claim for the recovery of a penalty in connection with violation of the terms of work Statement of claim for the recovery of a penalty in connection with the delay in fulfilling an obligation under the contract Statement of claim for the recovery of a penalty for violation of the deadline for transferring rental payments
Enrichment
Claim for unjust enrichment
Redevelopment
Statement of claim for redevelopment of residential premises Statement of claim for preservation of the premises in a redeveloped state
Construction
Statement of claim for recognition of ownership of an unauthorized building Statement of claim for demolition of an unauthorized building
Consumer
Statement of claim for the protection of consumer rights and recovery of moral damages Statement of claim for termination of the sales contract Statement of claim for termination of the contract, collection of penalties and compensation for damages Statement of claim for the exchange of defective goods
Ownership
Statement of claim for recognition of ownership rights by inheritance Statement of claim for recognition of ownership rights by way of privatization Statement of claim for state registration of transfer of ownership Statement of claim for ownership of a house Statement of claim for ownership of an apartment Statement of claim for recognition of ownership of a building Statement of claim o recognition of ownership of a plot Statement of claim for recognition of ownership of a car Statement of claim for recognition of ownership of a garage Statement of claim for recognition of ownership of a share of an apartment Statement of claim for recognition of ownership of a claim Statement of claim for recognition of ownership of real estate
Prize
Statement of claim for recovery of unpaid premium
Privatization
Statement of claim for recognition of the right to privatize residential premises Statement of claim for invalidation of a transaction regarding the privatization of residential premises Statement of claim for division of a privatized apartment
Employer
Statement of claim for the recovery of a non-issued work book and other documents upon dismissal
Divorce
Claim for compensation for damage after a marriage was declared invalid Claim for recognition of a marriage as invalid because the spouses are in another marriage Claim for recognition of a marriage as invalid due to a venereal disease Statement of claim for the invalidity of a marriage entered into without consent Statement of claim for the recognition of a divorce as invalid Statement of claim for recognition of a fictitious marriage as invalid Statement of claim application for dissolution of marriage and division of property Statement of claim for dissolution of marriage, divorce Statement of claim for dissolution of marriage, division of property and collection of alimony
Regression
Statement of claim for recovery by way of recourse
Spouse support
Claim for spousal support
Labor Relations
Statement of claim for the conclusion of an employment contract Statement of claim for recognition of the relationship as an employment relationship
Dismissal
Statement of claim for declaring illegal dismissal from the police Statement of claim for declaring illegal dismissal of a military personnel Statement of claim for declaring illegal dismissal from internal affairs bodies
Removing Obstacles
Statement of claim to remove obstacles to the use of property
Damage
Statement of claim for recovery of moral damage Statement of claim for recovery of material damage from an employee Statement of claim for recovery of damage caused to a car Statement of claim for recovery of damage caused to minors Statement of claim for compensation for damage caused by flooding of apartments Statement of claim for compensation of damage caused to property Statement of claim for compensation for damage caused by a crime Statement of claim for compensation for damage caused by fire Response to a statement of claim for compensation for damage
