The power was turned off for non-payment: what to do, how much does it cost to connect?

• November 4, 2018
• Housing law
• Elena Zhmakina

In our world, nothing is given for free, you have to pay for everything. Living in an apartment, even if it is personal property, involves spending on various services. Electricity, gas, water and heat have their own tariffs, which must be paid monthly. If you do not do this in time, you may face certain sanctions. Especially if you don't pay your bills regularly.

Most often, there are problems with repaying debts for electricity, but utility companies have found a solution to the problem - the supply of electricity to all non-payers is cut off and the justification for such measures is non-payment of the receipt. For what non-payment are the lights turned off? Every tenant or owner should be familiar with this issue.

In what cases can a power outage be carried out?

Before you figure out how to turn off the lights in an apartment for non-payment, you need to find out what the company providing the service means by this term. If the consumer was unable for some reason to repay the debt for the past month, then his electricity will not be turned off. But if payments were delayed for two months or more, then this is already considered a serious violation, and utility companies have a reason to legally turn off the electricity. Here, too, not everything is done as quickly as it seems: they came, turned off the lights for non-payment without going to court, and that’s it.

The consumer must be notified of the debt and that the contractor may limit or completely suspend the supply of electricity. This requirement is mandatory, otherwise the disconnection will be unreasonable and illegal, even though there is a debt.

How to negotiate with the energy sales company to connect the lights if you have a debt

All these requirements are specified in the “Agreement on the terms of supply of electricity”, which is automatically concluded with the consumer when starting to use the service. If the debtor is confident that the actions of the employees of the electricity supply organization are illegal, he can apply for protection of his rights to the Prosecutor's Office or the Federal Antimonopoly Service (UFAS), which will check the procedure for turning off the lights in this particular case for compliance with the law.

First of all, call your management company, housing and communal services or HOA, who will probably tell you why this happened. How to solve the problem yourself? First, you must find out on what basis the lights were turned off and whether the electricians even had the right to touch your meter.

How does the service provider notify the consumer about the debt?

Notification of the existence of a debt for electricity must be sent to the consumer in writing, but only if payment for utility services has not been made for 2 months or more. This condition is mandatory, otherwise all actions of the supplier are unenforceable and can easily be appealed. Without a debt of more than two months, they have no right to turn off the lights for non-payment.

The notification is given in person, in the form of a letter against signature. If this could not be done, then it is sent by mail and only by registered mail, to which is attached a description of the attachment and a notification that it was the consumer who received it. It may also be accompanied by a receipt indicating the exact amount.

Once the consumer receives a letter about the debt, he has 20 days to pay it off, so that his electricity will not be turned off for non-payment. If the funds are not received, the service provider may limit the supply of electricity.

Following from this, we can say for sure that the power supply can be stopped:

• if there is a debt for 2 months or more;
• the consumer ignored the notice that was handed to him against signature;
• the debt will not be repaid within 20 days after receipt of the notice.

If at least one of the points was not met by the supplier, then you can file a complaint with the housing inspectorate, which will conduct an inspection and oblige the utility to restore the power supply and strictly follow all stages of the shutdown procedure.

How long will it take for the apartment to have electricity again after paying off the debt?

Let's find out how long it will take for the electricity to be turned on after the debt is paid.

In accordance with paragraph 120 of Government Decree No. 354, delivery of utilities is resumed two days after full repayment of the debt. This means that from the moment of your request, a specialist will appear within 2 calendar days to carry out the relevant work.

Disconnection is accompanied by an act

No one has the right to come and just turn off the electricity. Everything must be legal. Every subscriber should know how electricity is turned off for non-payment in an apartment, so that if such a situation occurs, they can track all the actions of a representative of the management company and go to court if violations are noticed.

If payment of the debt is not received within the period specified in the notification, then the company has every right to suspend the provision of the service. Regardless of what the reason was, the fact of disconnection is confirmed by the act.

The procedure is carried out only by a representative of the management company, who will have a certificate confirming this fact. The act must also be drawn up by a company representative. The appropriate form is filled out after the electricity supply has been interrupted. The presence of the consumer in this case is not necessary.

The act is drawn up on a special form. A sample of it looks like this:

1. Date and place of document preparation. The number and exact address of the subscriber to whom the power outage was carried out is indicated.
2. Personal data of the consumer or authorized representative. Be sure to indicate who was present at the disconnection site or write that the procedure was carried out without a subscriber.
3. Personal information of the management company.
4. Parts and time of complete or partial termination of the provision of the service.
5. How was the shutdown procedure carried out?
6. Record the current readings on the meter.
7. Number of the electricity meter.
8. Signature of the company representative and the consumer, if he was on site during the procedure.

The debt is not indicated in the act.

Is it legal to cut off electricity for rent arrears?

Shutting off electricity for non-payment of money is a legal way to deal with rent debtors. Government Decree No. 354 prohibits the cessation of the supply of two services: cold water in an apartment building and heating, as this threatens the life support of the entire residential area, as well as the sanitary condition of the neighbors.

IMPORTANT! Shutting down is possible for 2 hours if there are 2 independent power sources, for a day - with one.

Reasons

Legislation allows, under certain circumstances, to stop providing a resource without warning users:

• when a natural disaster or network failure occurs;
• a fact of an illegal act was revealed: the user unauthorizedly connected to the power supply network;
• receiving an order from a government authority;
• the wiring inside the apartment is not in proper condition and threatens the safety of the property of the house and the owners;
• the consumer uses devices and equipment whose power is higher than the permissible parameters of the electrical network or interferes with the operation of the network, trying to change the characteristics.

The user is warned in advance about disconnection in cases where:

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1. The decision was made due to non-payment. The amount of debt is equal to a two-month contribution , calculated according to the standard without taking into account the readings of the flow meter. This will be considered incomplete payment for the service.
2. It is necessary to carry out scheduled ongoing or major repair work on the network. The service will be terminated 10 days after written notice.

IMPORTANT! Entering the down payment on the receipt is voluntary and is not included in the debt.

Utilities, when deciding to take such a serious step, must ensure:

• operability of electrical wiring in an apartment building for bona fide residents;
• integrity of common property;
• maintaining sanitary standards at the proper level.

If these conditions cannot be met, the measures taken against the defaulter must be changed.

Who is eligible

After following the legal procedure for notifying the debtor, the shutdown is carried out by an employee of the electricity supplier company with which the contract is concluded, or the management company (HOA), which is an intermediary.

Which categories of the population do not have the right to turn off the lights for non-payment?

If there is a debt for more than 2 months for electricity, then this is already grounds for stopping the supply of light. But this rule also has its exceptions - not all categories of citizens are allowed by law to turn off electricity for non-payment. Among them:

• disabled people;

• veterans;
• pregnant women;
• minor children.

If any representative of these groups has a debt on electricity and his services have been suspended, then he must submit documents to the office of the management company. The person to whom the benefit is granted must be the owner of the residential premises or be a member of his family. In this case, the person must be registered at the address where the power was turned off.

What to do, how to connect back?

Let's find out where to call to connect the light after it was turned off for debts. You need to call or make a personal visit to the management company/homeowners association or electricity supplier to find out the exact amount of debt required for payment. In addition, if the electrical network is disconnected due to debts, then you must pay for reconnection.

The further process will look like this:

1. It is necessary to create a package of documents. It will include a completed application for connection.
2. Then, you need to agree with the master representative of the electrical energy supplier about the date and time of connection. The technician will arrive within the specified time frame, carry out the appropriate work and connect the electrical power.
3. In fact, an act will be drawn up, the purpose of which is to record the readings of metering devices, as well as reflect the connection details.

But each point has a lot of nuances that you need to get acquainted with separately.

Required documents

In order to count on reconnection, you need to eliminate all accumulated debts. To do this, you need to pay all current debts using receipts, as well as accrued penalties and fines, if any.

After payment, you need to wait a few days, then go to your management or energy saving company. The company checks whether the debt has been repaid; if so, the consumer will be issued a certificate confirming that there is no debt for the electricity used.

1. Also, the package of documents must include the passport of the person who is the owner of the real estate.
2. Certificate of ownership of real estate.
3. A certificate indicating that there is no debt for the given period.
4. A pre-compiled application for connection to the electrical network.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Drawing up an application

After receiving a certificate of no debt, if you have other necessary documents, you need to fill out an application. Only on the basis of an application, a specialist will come to your home.

Let's look at how to write a statement to turn the electricity back on. The application is drawn up on a blank white sheet of A4 format. It must be drawn up at the office of the management company. To date, there is no single standard established across the country for what such a statement should look like. Therefore, most often it is compiled by hand in free form.

However, ask in advance whether your management company may have a sample that this document must comply with.

What must be indicated in the application:

1. Indicate the date and place of its compilation.
2. Leave your initials, passport details and contact phone numbers.
3. Then, you need to clarify the situation and write when and on what basis the power supply was turned off.
4. Then, you need to write down actions that allow you to count on reconnection. For example, on such and such a date you deposited the allotted amount of funds and repaid the debt. Upon repayment, you were issued a certificate from the service organization.
5. At the end of the application, indicate a request to connect electrical energy to your apartment or the whole house.
6. If other documents are attached to the application, be sure to provide a list of them.
7. Add your signature.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Solving the problem yourself

Initially, you should figure out the reason for the power outage and whether the electrician had the right to touch the meter. If the notice was not delivered and it is known for sure that there is no debt, then the actions of the supplier company can be considered invalid. You can file a complaint that the apartment was cut off power illegally on the basis of:

• all the food in the refrigerator is gone;
• Due to the pitch darkness, an injury was sustained.

If you confirm all your stories with documents, for example, take a certificate from a doctor stating that an injury was sustained, then you have a chance to win a lawsuit against the service provider and win a good amount of compensation.

There are also a lot of other nuances that are best discussed with a lawyer, for example, what to do if the electricity is turned off for non-payment and no one lives in the apartment.

If the disconnection was made legally, then in any case you will have to pay off the entire amount of the debt. It is imperative to obtain a receipt for its repayment and personally visit a representative of the management company.

What not to do in the absence of light

If the electricity in an apartment or private house is turned off, it is prohibited:

• Unauthorized connection to the network. This is not only illegal, but also very dangerous. Without the appropriate knowledge and skills, you can receive a fatal electric shock. The fact of independent connection will be immediately discovered: the owner faces a fine of 10 to 15 thousand rubles for the first offense, from 15 to 30 thousand for a repeated offense (Article 7.19. “Unauthorized connection and use of electrical, thermal energy, oil or gas”). In some cases, criminal liability is even provided (for example, if large volumes of electricity are stolen).
• Break the seal. When the power goes out, the electricity meter is sealed. If the debtor removes the seal, his electricity consumption may be calculated according to the standard. Also, for this offense there is a fine of 100 to 300 rubles (Article 19.2. Code of Administrative Offenses of the Russian Federation “Intentional damage or disruption of the seal (seal)”).

Any manipulations with electricity meters and connections to the network can only be carried out by an electrician in the presence of an employee of the resource supply or management organization. It is necessary to solve the problem strictly within the legal framework, especially since when rights are violated, the court sides with the consumer and punishes the perpetrators. If you find it difficult to figure out this issue on your own, contact a lawyer.

What to do if there is no electricity?

If the electricity has been turned off for non-payment, there are several ways to solve this problem. Some methods can result in hefty fines, but there are also those that will help deal with temporary difficulties legally. Solutions could be like this:

1. It is possible to temporarily connect electricity from a neighbor’s apartment, if he, of course, agrees to this. In panel high-rise buildings between adjacent apartments, sockets are installed opposite each other. If you remove the socket from your apartment, you can make a jumper, thanks to which light will appear in the apartment. The neighbor will have to pay for such a service, and when the debt problem is resolved and the electrician comes to connect the light, the jumper will need to be removed.
2. You can also negotiate with your neighbor and extend an extension cord from his outlet to connect your electrical appliances. But here you will also have to thank him, because he will have to pay for the electricity that is consumed by the devices from the neighboring apartment.
3. If a power outage occurs in a private home, then in this case you can use a mobile power station. Its price is high, but it can also help out in those moments when the lights are turned off during repair work.
4. Solar panels will help solve the problem with electricity in the country or in the private sector.

Climbing into the electrical panel and independently connecting the wires to a meter that is sealed is not only dangerous, but also illegal. Such an act is regarded as theft and is punishable by considerable fines. In addition, working with live wiring is dangerous, so it is better to deal with the debt.

When is the law required to turn on the electricity after paying off the debt?

• by agreement of the parties (consumer and energy sales company or management company);
• for reasons beyond the control of consumers (emergency and emergencies, natural disasters, repair and maintenance work);
• for reasons dependent on consumers (there is a utility debt, unsatisfactory emergency condition of devices and networks, other violation of obligations by the consumer).

• Adygea rep.
• Altai, rep.
• Altai region
• Amur region
• Arkhangelsk region
• Astrakhan region
• Bashkortostan rep.
• Belgorod region
• Bryansk region
• Buryatia rep.
• Vladimir region
• Volgograd region
• Vologda region
• Voronezh region
• Dagestan rep.
• Jewish auto.

Illegal shutdown

If the management company has turned off the electricity for non-payment, it must support all its actions with documentation and reasons, especially when it comes to ensuring decent living conditions for the population.

There are cases where companies illegally turn off the lights. That is why strict control is exercised over how the procedure occurs and for what reasons the decision was made not to provide this subscriber with its services.

Even though the grounds for turning off the light seemed to be justified, the subscriber has every right to file a lawsuit to appeal the decision. The presence of debt does not always legally deprive the subscriber of the supplied service. There are several situations that may deem the actions of utility companies illegal:

1. Failure to comply with the established procedure. Most often this happens in cases where the company does not send a notice of debt or does not have supporting documents for this.
2. The service was not fully restored. There have been cases when, even after repaying the debt and paying the receipt for reconnection, the terms for returning the service were not met. The sealing of the meter is removed no later than 24 hours after payment of the reconnection receipt.
3. Damage to the general communications of the house. There have been cases when, during the sealing of the debtor's meter, other power lines were affected, which led to an accident and loss of power to other subscribers.

If violations of this kind have been noticed, then the tenant of the house has the right to go to court with a statement of claim, in which he not only tells how everything happened, but also confirms all his actions with documents or testimony.

How to restore electricity supply?

Resumption of electricity supply in the event of an illegal blackout is carried out depending on the situation:

1. When repaying arrears of payment, the company, within 24 hours after receiving the relevant notification, sends specialists to the address of the former debtor to carry out work on connecting the electricity supply.
2. If renewal is carried out by a court decision, the deadlines specified in it are taken into account.
3. If the initiator was the electricity supplier, but subsequently admitted the unfoundedness of his actions, no time frame for troubleshooting is established. This usually happens within 1-2 days.

The connection of electricity is accompanied by the supplier drawing up a renewal act containing the name of the organization, the address of the former debtor, the date, time and place of execution of the document, readings and other data of individual metering devices. The act is drawn up in three copies: one is given to the citizen, the second is sent to the court, Rospotrebnadzor or another body obligated to fulfill the payer’s requirements, and the third remains in the hands of the supplier.

If the reason for the introduction of restrictions was the consumer’s failure to pay for electricity services, the supplier may recover from him, in the framework of civil proceedings, compensation for the costs incurred to introduce the restriction and connection, but not more than 1,000 rubles. For organizations the amount is higher – 10,000 rubles.

If the court finds the limitation or shutdown of power supply unlawful, compensation is not recovered from the supplier.

Fine for unauthorized connection of light

How electricity is turned off for non-payment and what steps should be taken to get the service back is already clear, but what could a subscriber face if he illegally connects his electricity?

A power outage is a rather unpleasant situation: home appliances do not work, food in the refrigerator spoils. And in these cases, many subscribers immediately take a risky step - they unauthorizedly connect their light to the panel, most often connecting the wires directly. But this may result in a huge fine, the payment of which will not save you from paying off the debt.

Russian government decree No. 442 describes what is meant by the concept of “unauthorized connection”:

• connection to the general electrical network without concluding an agreement with the management company;
• unmetered unauthorized connection, which implies connecting some devices bypassing the energy meter; an agreement can be concluded, but some devices are powered by electricity passing by the meter.

All connection work must be carried out only by an authorized specialist. High voltage can cause irreparable harm to human health and cause a fire due to a short circuit.

The fight against defaulters and irresponsible citizens forces representatives of the management company to regularly conduct raids, thanks to which it is possible to identify the attacker and prevent serious consequences.

Each resident can independently check whether a neighbor whose electricity was turned off due to debt has connected to his network. If you turn off all the devices in the entire apartment and look at the meter, then it should stop, but if it is actively generating kilowatts, then someone else is using the same power line. In this case, you urgently need to write a statement to the management company and identify the attacker, who will be fined. Its amount is constantly growing.

What is written in the law

The rights and obligations of the resource-providing company and consumer citizens are established by the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation dated May 6, 2011 No. 354.

When turning off electricity for debts, from the 31st day following the day of mandatory payment, a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation begins to be charged for each day of delay from the total amount of the debt. From the fourth month the penalty increases.

If the building is multi-apartment, when paying, there is a third party between the consumer and the resource-providing organization - the management company. If debts are formed to the supplier through her fault, other sanctions are applied:

• the first two months - accrual of a penalty in the amount of 1/300 of the rate of the Central Bank of the Russian Federation;
• in the third month – 1/170;
• from the fourth month – 1/130

The provisions of Art. 7.23 of the Code of Administrative Offenses of the Russian Federation for violation of standards for the provision of services:

• a fine of up to 1 thousand rubles for officials;
• up to 10,000 rub. - for legal entities.

Management companies and REU are legal entities, therefore more stringent sanctions are applied to them.

It is important for citizens to know whether it is legal to cut off electricity for non-payment of rent by one consumer if the entire house is without power. Electricity suppliers have no right to violate the rights of law-abiding citizens to use energy resources. In addition, if a citizen is recognized as a defaulter due to the lack of contributions for major repairs or other services not related to energy supply, the disconnection is illegal.

If the blackout caused major damage, it is possible to apply the provisions of Art. 215.1 of the Criminal Code of the Russian Federation, where sanctions include not only fines of up to 200,000 rubles for officials, but also forced labor or imprisonment - it all depends on the specific situation.

What you should never do