In accordance with current legislation, the owner of the premises is obliged to pay for all services on time and in full. But in practice, it may happen that several people can be the owners of the same premises. If one of them does not pay for services, then a debt arises. In this regard, it would be reasonable to ask how the debt for utility bills is divided?
Possible solutions to the issue
It is immediately necessary to say that the situation can be resolved by resorting to one of the possible methods:
- Independent resolution of the current controversial situation by finding a compromise between the residents living together.
- Applying to the Management Company with a request to divide the personal account into parts, in proportion to the shares of ownership of the property.
- The last, and extremely unpleasant option is to initiate litigation.
Of course, the method of solving the problem in court is the most effective, but when the question arises of how the debt for utility bills is divided, it is at the same time the most time-consuming and significant in terms of financial costs. Of course, the easiest way is to reach an agreement peacefully.
A peaceful way to resolve a controversial issue
It is gratifying when people living in the same apartment are good neighbors, relying only on peaceful relations. But everything is not always as smooth as we would like. Sometimes disputes may arise that only escalate the situation. If such a situation arises, all residents should get together and discuss the situation. It is better if all this is confirmed in writing and includes the following information:
- Passport details for all people living together in the premises.
- General characteristics of the accommodation itself.
- What share of responsibility is associated with each person living in the premises?
- Detailed terms of how utility bills will be distributed.
- What punishment is provided for if any of the points are performed improperly?
- The document is dated and signed by all persons living in the premises.
Signatures must be required, since from the moment of signing the agreement will gain legal force. In the future, it will be much easier to resolve the situation if the question arises about how the debt for utility bills is divided. To ensure that the contract is drawn up correctly, you will need to consult a lawyer. After signing the agreement, one copy is given to each resident.
A way to resolve the issue through housing and communal services
The answer to the question of how the debt for utility bills is divided will be to contact the Management Company. A competent employee of the housing and communal services department will help resolve this situation. As a rule, the tenant who pays utility bills in good faith applies. But it should be noted that no one will accept the appeal orally. The request will need to be made in writing. All receipts for payment must also be attached to the application. The application will certainly be considered, the debt will be divided, and in the future each resident will be sent an individual receipt. Again, the help of a lawyer when drawing up an appeal will not hurt.
What is the essence of the baby steps system?
The path to financial freedom, according to Ramsey, consists of seven “baby” steps. But they were called that not because they are light. Vice versa. When a child learns to walk, the first steps are very difficult for him. Just like an adult who is just learning to live without debt and manage their finances.
The seven step system was invented in the USA, but it is successfully used by people all over the world. Including Russians Family budget. How we paid 578,000 rubles. in 16 months / Kristina Bulavina / YouTube. The method does not reveal any magical secrets, does not offer miracles, tricks or frauds - it simply helps you set a goal, motivates you and teaches you how to correctly distribute money and energy.
Option for judicial resolution of the dispute
When all possible options have been exhausted, the only option left is to go to court. If it is possible to involve a lawyer, he will help you file a claim in court. It is served where the defendants live. A claim is drawn up according to the general rules. All requirements are stated briefly and concisely. The application must be dated and signed by the applicant.
If the application is accepted, then within five days the judge will make a decision to initiate a civil case. The case will be considered within 2 months, but sometimes it can be reduced. If we rely on law enforcement practice, then the demands put forward by the plaintiff are almost always satisfied. The court will divide the debt on utility bills. The decision will be sent to the service provider. Starting next month, each user will receive a separate receipt.
Utility payments must be paid in full and on time. Unscrupulous payers must clearly remember that no one is going to pay their debts.
Buying an apartment: how not to become a debtor for utility bills
Have you decided to buy an apartment, have you already selected an option and are preparing to finalize the deal? To ensure that the joy of your purchase is not overshadowed by utility bills left over from the previous owner, follow the algorithm.
Step 1. Agree with the seller on the payment procedure for utilities.
As a general rule, the seller pays for utilities until the transfer of ownership of the apartment is registered <*>.
Note: Registration of the transfer of ownership is one of the stages of registration of the purchase and sale of an apartment <*>. It is carried out by the territorial organization for state registration of real estate, rights to it and transactions with it represented by the registrar <*>.
You can negotiate with the seller a different procedure for paying utility bills. For example, if the seller vacates the apartment after closing, he can pay the fee before the date of handing over the keys to you. Or you can pay all payments from the 1st day of the month in which the apartment is sold. It is advisable to consolidate the agreements reached in the apartment purchase and sale agreement.
Step 2 : Read the documents.
Ask the seller to show the utility contracts. This way you can find out what utilities you will need to pay for in this apartment.
The owner of the apartment must conclude contracts for basic housing and communal services. These include, but are not limited to:
— maintenance of a residential building;
— current and major repairs;
— cold and hot water supply, sewerage;
— gas supply;
— power supply;
— heat supply.
Note! After purchasing an apartment, you, as a new owner, will need to renew contracts for the provision of basic housing and communal services. If this is not done, you will still have to pay utility bills from the moment of registration of the transfer of ownership of the apartment <*>.
At the request of the owner, contracts for additional utilities can be concluded. In particular <*>:
— installation and maintenance of intercom;
— installation and maintenance of a video surveillance system;
— janitor (concierge) services;
- landscaping and landscaping of the yard.
Note: You have the right to refuse to pay for additional utilities <*>. For example, do not enter into a corresponding agreement after purchasing an apartment.
To find out whether the seller has arrears in paying utility bills, it is advisable to ask him to show a copy of his personal invoice. It can be issued by a settlement and reference center, a housing department, the chairman of a housing cooperative or an owners' association <*>.
Step 3. Check the serviceability and meter readings.
Ask the seller what metering devices are installed in the apartment.
Note: As a rule, apartments have meters for water and electricity. Gas and heat meters can also be installed.
Pay attention to whether the seals on the meters are damaged and check their serviceability. For example, turn on the water and check if the meter starts working. If you have any doubts, it is advisable to contact the appropriate organization to check the correct operation of the meter.
Note! If the meter is faulty, you will have to pay more. In particular, for electricity - at tariffs that ensure full reimbursement of the costs of providing energy supply services. This tariff will also apply for the previous period, starting from the date of the last check of the meter readings by a representative of the energy supplying organization <*>.
We recommend checking the actual meter readings with the data of the latest utility bill. A discrepancy in the numbers may indicate arrears in utility bills or faulty metering devices.
Step 4. Record the information received.
This can be done in the document on the transfer of the apartment from the seller to the buyer. Such a document must be drawn up during the actual transfer of the apartment and signed by both parties <*>. It can be called differently: deed of transfer, deed of acceptance and transfer (hereinafter referred to as deed of transfer).
As a rule, the transfer deed indicates the full name of the seller and buyer, the address of the apartment, its area, condition, equipment (gas stove, plumbing). We recommend that you also include in the transfer deed:
- meters data;
— information about their malfunction, damage to seals;
— the period for which the seller paid for utilities;
— the seller’s obligation to repay the debt if it is identified, including accrued penalties.
Note: If the condition of the apartment or equipment is worse than indicated in the purchase and sale agreement, indicate this in the transfer deed. Then you will be able to demand from the seller of your choice <*>: - elimination of deficiencies; - compensation for the costs of eliminating them; - a proportionate reduction in price. For example, the contract states that the apartment is equipped with a gas stove. During the transfer of the apartment, you discovered that there was no stove. If you reflect this in the transfer deed, you can ask the seller to install the slab back or pay you for the purchase and installation of a similar slab.
legal information
According to the legislation of the Russian Federation, real estate transferred under a gift agreement (deed of gift) is transferred to the full disposal of the new owner. As a rule, only two parties appear in the agreement - the donor and the one to whom the apartment is transferred as a result of the donation. In turn, the donor transfers the residential property as a gift, and the other party to the agreement accepts the property for free use. It should be noted that the main difference from other real estate transactions is that the agreement for the transfer of living space does not need to be registered at a notary’s office.
ATTENTION !!! In most situations, a gift agreement is concluded between close relatives, and this fact must be documented. It is also worth saying that it is not possible to conclude such an agreement when the real estate becomes the property of the donee after the death of the donor. After both parties agree on the nuances of the transaction and sign the agreement, it is necessary to contact the authorized authorities to register the living space under the new owner.
Documents certifying the fact of donation of the apartment
The fact of donation is recorded in a corresponding agreement, which is drawn up and recorded by a notary. A standard agreement on the gift of an apartment with a debt can simply be supplemented with appropriate provisions, depending on what result the contracting parties arrived at.
It can be unequivocally stated that when donating an apartment with a debt, no matter for electricity, water or other utilities, it is advisable to pay off all debts before registering a deed of gift for the property.
Sources:
- Article 223 of the Civil Code of the Russian Federation. The moment the acquirer acquires ownership rights under the contract.
- Article 421 of the Civil Code of the Russian Federation. Freedom of contract.
- Rossiyskaya Gazeta: “Home buyers will have to be responsible for the debts of previous owners.” March, 2021.
Is it possible to include a clause on the transfer of debt in the text of the deed of gift?
Since the donor and the recipient, as a rule, are not strangers to each other, they often try to agree on the repayment of the debt amicably. In such cases, the question arises: is it possible to include in the text of the gift agreement a clause according to which the debt will be repaid by the new owner?
This is not possible, since this wording contradicts the law. According to Article 572 of the Civil Code of the Russian Federation, donation implies gratuitousness. In other words, if a clause on repayment of debts is included in the text, the donee will be obliged to make a counter-representation (to pay off the utility bills). Such a transaction cannot in principle be considered a gift. When drawing up a deed of gift, you cannot indicate even intangible benefits, not to mention money.
Types of liability for non-payment
When debt arises for the maintenance of a shared space, the management company first tries to influence the users. In the first month of delay, they send notifications several times. If payment is not made within this period of time, then from the 2nd month a penalty will begin to accrue, the amount of which is indicated in the contract or is determined by Article 330 of the Civil Code of the Russian Federation[3].
If the measures taken were not enough, then service to the apartment is stopped and cut off from general networks. In this case, all persons living in the house will suffer. The Criminal Code cannot evict a person, since it does not have such powers, but it has the right to have a significant impact on his standard of living: turn off electricity, water, heating.
To prevent this, a citizen who fulfills his obligations in good faith should file a lawsuit in court with a demand to oblige the debtor to repay the debt. Or with the requirement to split the common bill.
It is necessary to divide the receipt in court when other residents do not agree to sign the application for splitting the personal account. Otherwise, two owners will be held liable at the request of the management company. After the court decision comes into force, the executive document will be transferred to the bailiffs for implementation. In order to ensure the execution of the court decision, the bailiff is obliged to take the following measures:
- Limit travel to debtors.
- Seize their property, seize the accounts of individuals.
- Initiate legal proceedings to bring violators to administrative punishment.
- Assess and sell the property of violators.
- Put debtors on the wanted list.
Therefore, it is not advisable to delay. If the other tenant refuses to split payments, it is advisable to take immediate action. Concluding an agreement will help a conscientious payer justify his position, but the process of proof is too long. Therefore, in order not to waste your nerves and time, it is recommended to split the payment. The lack of consent of the other resident is not an obstacle to the implementation of this method.
What to do when the shareholder does not pay utilities
What to do when the dispute cannot be resolved the first time? In case of violation of the terms of the oral agreement by one of the parties, the other party must not wait, but begin to act. First, you can try to resolve the conflict peacefully; to do this, you must demand in writing that the offender fulfill his part of the obligations. If it was ignored, then you need to submit an application to the management company, since they are authorized to separate personal accounts. If measures are not taken in time, both parties will be punished.
What the law says
Article 155 of the Housing Code of the Russian Federation[1] contains information about the obligation of citizens to pay monthly fees for housing and communal services provided. This obligation is assigned not only to the owner of the property; the utility debt can be collected from other people registered in this apartment. This is stated in Article 153 of the Housing Code of the Russian Federation[2].
Unscrupulous payers may be subject to civil, administrative and criminal liability. At the same time, the minor owner of the apartment does not pay for utilities and is not responsible. His legal representatives and guardians are required to pay for him.
Apartment owners who have been declared legally incompetent by the court and people with benefits are also exempt from this obligation.
