Notice of debt on utility bills: sample

Grounds for complaint

The supply and consumption of public services is a broad area of legal relations in which end consumers of services, service providers, intermediaries and lessors participate.

This entire range of legal relations is of a contractual nature and includes the obligation of the supplier to supply services, and the consumer to pay for them. The chain through which the supply of services is carried out may also include intermediaries - management companies, housing offices, municipal authorities, residents' associations, gardening associations, tenants, and executors under contracts for the payment of utility services under agency agreements.

Each link in the chain may have its own reasons for writing a claim to the counterparty. So:

service providers, housing offices, management companies and SOTs forward claims to the debtor - the end consumer;
landlords (including those under agency agreements) send claims to debtor tenants in cases where the lease agreement provides for the payment of utilities;
end consumers can submit claims to service providers, utilities or housing departments in cases of supply interruptions, either due to inadequate quality of services provided, or due to incorrect calculation of payments.

That is, the scope of application of the claim in legal relations related to the supply and consumption of utilities is quite large.

Assignment of claim

The claim is an attempt to resolve the dispute out of court. Refusal to satisfy a claim does not necessarily entail going to court, since everything here is decided by the personal desire of the dissatisfied party.

If the dispute is fundamental and the amount of debt is large, then most likely, if the claim is refused, going to court will be necessary.

If the claim relates to a one-time incident, that is, a violation that is not systematic, then the claim in most cases will remain just a claim, an attempt to convey to the counterparty one’s dissatisfaction.

Submitting a claim for payment of utility services is not a mandatory condition for the consideration of the dispute. This means that the counterparty has the right to ignore the claim stage and immediately go to court with a corresponding statement of claim.

As a rule, legal entities and intermediaries in the payment of utility bills actively use the claim procedure for resolving disputes and, as part of a claim, they make demands not only for the fulfillment of contractual obligations, but also for the payment of penalties.

End consumers prefer to go straight to court, since the claim-based method of resolving disputes with service providers and intermediaries rarely leads to the desired result.

Methods and procedure for collection

Options for collecting utility bills are presented in the table in ascending order:

Penya	The penalty is accrued from the first day of delay and increases until payment is made or the case is transferred to court. When a claim is filed, the amount of the debt is “frozen” and becomes fixed until a decision is made.
Utility shutdown	For the first time, services are turned off only for a month, for which the apartment owner is obliged to pay the debt. Neglecting this option leads to subsequent disconnections until the payment is made to the account. It is worth noting that cold water and heating are not included in the list of disabled services, since they are vital for the owner and the building . Submission is carried out as usual, for which a fee and penalty for non-payment are also charged.
Official warning	Often sent with return receipt requested. The letter states the need to pay the debt, as well as a full calculation of the amount . This stage is the last before trial.
Court	Ignoring the warning results in the management company filing a lawsuit in court to collect the debt.
Eviction	The decision is made by the court if there is no action after the court decision to pay the debt. A prerequisite is the absence of utility bills for 6 months or more.

Thus, failure to pay utility bills is not only a serious violation of the law, but also an unpleasant possibility of losing your apartment.

Timely payment of utility bills is a mandatory condition established by law in the Housing Code. All legal entities and individuals who are owners or tenants are responsible before the law. Residential complexes have every right to apply fines and sanctions to defaulters, the amount of penalties increases daily. A completed sample notice of debt on utility bills is sent when the period of non-payment exceeds two months. After three, the residents are disconnected from all housing and communal services systems, and possibly the start of a trial.

Making a claim

The form and content of a claim are not regulated in any way by law, which means that claims are drawn up in accordance with the legal experience and literary abilities of its author.

Legal entities participating in the supply-consumption chain, as a rule, have developed claim templates, which are specified depending on specific conditions. Individuals, as end consumers, are more free to draw up a claim and can determine its content and structure at their own discretion.

Any method of filing will be correct, provided that the claim clearly answers several questions, namely:

who wrote the complaint;
to whom the complaint was written;
for what reason the complaint was written;
what the author of the claim wants and on what he bases his claims.

The only required attributes for a claim are:

name (full name) and address of the author;
name (full name) and address of the recipient;
date and signature of the author.

All other components are optional, to the point that the author of the claim can simply write something like “Our management company is the worst management company in the city, return the amounts I overpaid for utility bills.”

Of course, if the claim is intended to achieve some real results, and not just “get on the nerves of the counterparty,” then it must be motivated.

How to find out rent arrears

If you want to determine the exact amount of debt, you need to use the online calculator posted on the website. A list of information is entered into it when the program requests it. After specifying the information, the payment method is indicated (for example, according to the meter, or not). Next, the calculator gives you the amount, and this is quite convenient.

Log in to the government services website by going through the registration process, provided that you have not previously completed it;
Next, go to your personal profile;
In a separate section, we make a request for the issuance of an EIRC receipt for a specific time period;
Specify your email address;
A separate receipt will be sent to your specified mailbox in a few minutes.

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Pre-trial claim of housing and communal services to the defaulter

First of all, when presenting the document discussed in the article to the management company, it is necessary to approve the form of this act, i.e. When preparing the letter, penalties should be calculated for each day of delay. Then the completed letter must be handed over to the defaulter against signature. In practice, this turns out to be not so easy to do, because the owner of the apartment may not allow employees to enter or refuse to sign papers, and the absence of a signature may be perceived negatively in court if the conflict spills over into paperwork.

If the debtor refuses to receive the letter, it will be returned.

The advantage of courier delivery: registration of the letter and the availability of a form for signature on receipt of documents. Repeated notification of the debtor is allowed. After the defaulter has received a claim, it is necessary to save all certificates confirming this fact.

If a citizen continues to ignore the legal requirements of the Criminal Code, and the debt on accounts has exceeded six months, then the case should be referred to the court.

In the event that the debtor has fully repaid the debt, the conflict is considered exhausted, and no further collection measures are applicable to the individual.

There is no single form for a claim for debt payment; each management company draws up its own sample in accordance with its internal regulations on company letterhead.

However, we can highlight the general features of a business letter that should be indicated in this document:

The claim work is carried out by a full-time lawyer of the management company or another authorized employee; it is important to deliver the claim to the addressee against signature.

The utility service provider is obliged to notify the tenant about overdue payments before going to court and send a claim for payment of the debt; a sample can be viewed here.

Without this action, the claimant will not be able to file a claim if the claim is ignored.

Let's consider the standard content of a claim official document. This is an example of the text of a claim for debt collection:.

We inform you that we provide proper services for water supply and supply of heating, electricity, etc. All receipts for payment of housing and communal services are delivered to you on time, but funds for payment of bills are not received from you. At the moment, the amount of debt for utilities is 90 rubles.

All costs associated with legal proceedings are subject to payment at your expense. In the letter, the management organization may propose debt restructuring or indicate various ways of influencing the debtor, up to and including eviction from the apartment.

Most often, claims work with utility debtors is carried out by the company’s own lawyer or another responsible employee. He conducts all business correspondence and controls the sequence of actions aimed at repaying the debt.

Announcement of recovery through court

Litigation is a procedure with a high risk of losing. When it comes to this, you need to seek help from a specialist - a lawyer.

. Most often, the plaintiff is a utility management service that wants to receive legal payments for its services. When submitting an application, pay attention to the place of residence (registration) of the offender. The package of documents required to go to court looks like this:

Receipt for payment of duty to the state.
Certified photocopies of the claim.
An act confirming the authority of the representative of the defendant who signed the application.
Certified copies of the constituent document (charter), certificate of registration of the management company.
Receipts for sending debt notices.
Original contract for maintenance (maintenance, management) of the house.
Apartment rental agreement (if the debtor rents housing).

The court's decision may benefit both the plaintiff and the defendant. During the application process, you must submit documents to secure the claim.

. The action is taken to avoid hiding or selling real estate during the trial.

The application is considered immediately, without notifying the debtor about it. The defendant is required to attend all court hearings; the verdict is announced in the presence of both parties
.
In cases where one of the instigators of the case fails to appear, the decision is made in absentia
. Statement of claim for collection of debts on utility bills

An appeal is allowed to be filed within 10 calendar days after the verdict is rendered. When the court decision has entered into force, and the case has undergone changes, either party has the right to file a second new claim, asking to change the amount and time of payment. The hearing is scheduled by the court; the parties will be notified of the date of the trial without fail.

The state duty is not paid when the amount recovered for the utility bill is equal to the amount recovered. The applicant will win only if he can prove the plaintiff’s need to pay for housing and communal services on time, every month. The amount of the fixed amount will need to be reasonably explained.

Pre-trial claim of housing and communal services to the defaulter

Then the post office employees will have no choice but to return the letter to the sender.

In this regard, courier delivery is much more convenient, because an inventory of the letter is required. In addition, the addressee signs on a special form confirming receipt of the claim. Therefore, delivery via courier is considered the most reliable way to submit a claim. But its disadvantage is the high cost of services.

Therefore, when sending mass mailings, not every management company can afford such a luxury. Personal delivery of the claim also cannot be considered a way out of the situation.

The fact is that the representative of the management company may simply not find the debtor at home.

However, invoices are issued for the full amount. Some people believe that the poor quality of utility services gives every right not to pay bills issued by the management company. This opinion is wrong.

The organization in charge of housing and communal services, if payment is delayed for several months, has the right to file a claim and calculate a penalty. There is a claim template that can be sent literally from the first days of payment delay.

But in practice, the document is sent only to debtors who have delayed paying utility bills for several months. The sample claim has not been approved at the legislative level. Therefore, each organization draws it up in accordance with internal regulations.

But it should be borne in mind that the standard form must contain certain items.

The addressee of the claim will be the director of the company. Try to find out whether he is ready to meet you halfway and pay you the money you earned. If management intends to resolve the dispute amicably, then the claim does not need to include liability provisions for going to court.

A sample simplified claim can be downloaded here. If you can’t influence the employer, then you can write a full complaint. It will describe all the possible consequences for the company. Indicate what rights were violated and what criminal liability is possible. Complete the document with points in which you should indicate: In accordance with Art.

22 of the Labor Code The enterprise must fulfill its obligation to pay wages in a timely manner. Reflect that the rights enshrined in Art.

Also, very often the homeowner refuses to receive the document when he finds out exactly what he has to sign for. In any case, there is a violation of legal requirements when sending a claim. And if the case comes to court, then this situation only plays into the hands of the debtor, who can claim that he did not receive any warning letters.

In this regard, it is much easier for the consumer of utilities.

You just need to competently draw up a claim and personally submit it to the Criminal Code.

Moreover, it is necessary to draw it up in two copies and insist that the relevant official put his signature, full name and date of receipt of the document. If the management company’s employees refuse to sign to confirm receipt of the claim or the consumer simply does not have time to go to the municipal structure, then send the document by registered mail.

Claim of the management company to the payer regarding payment of utility bills

Some people believe that the poor quality of utility services gives every right not to pay bills issued by the management company. This opinion is wrong. The organization in charge of housing and communal services, if payment is delayed for several months, has the right to file a claim and calculate a penalty.

There is a claim template that can be sent literally from the first days of payment delay. But in practice, the document is sent only to debtors who have delayed paying utility bills for several months.

The sample claim has not been approved at the legislative level. Therefore, each organization draws it up in accordance with internal regulations. But it should be borne in mind that the standard form must contain certain items. If they are absent from the document, then the legality of such a form can be easily challenged in court.

Make a claim on the company’s letterhead and include the following items:

Details of the debtor - full name and registration address.
The day on which the claim was served on the defaulting party.
Information about the amount of debt, including penalties, as well as the date before which the debt must be repaid.
Demands for payment of the resulting debt.
Measures that the Criminal Code will take if the claim is ignored.
A proposal to discuss the current situation, indicating the desired place and date of the meeting.
The claim is signed by the employee responsible for approving the mailing.

The document can be supplemented with information related to the issue under discussion. Thus, it is permissible to indicate the possibility of writing off penalties if the defaulter pays off the debt itself.

Offer to formalize debt restructuring and supplement the text with quotes from relevant laws.

Please note that the absence of mandatory information in the claim, for example, the amount of debt, is considered grounds for challenging the legality of the document as a whole.

What does a sample notice look like?

In order to draw up a sample notice of debt on utility bills, there is no clearly defined form. The act has not been approved at the legislative level, but the application of business rules when registering it is mandatory. Since this is a claim document provided to official institutions, it must be drawn up in accordance with the internal procedure of the organization

. Sample notification to the owner about existing debt

The notification forms include certain points that cannot be deviated from. Example of form contents:

Full name, registration address, contact telephone number of the debtor.
Details of the management company.
The exact amount of debt due on payments.
Time frame for payment.
The period for which the invoice was issued.
Warning about the time of accrual of debt (penalty).
Proposal for a personal meeting and further solution of the problem.

Many citizens will not be surprised by these clauses; the same requirements are in the monthly rent receipt. Consumption services are charged for one calendar month
. The payment receipt is kept in case of problems with accruals or checking accounts.

The payer's claim to the management company regarding the issue of charging for housing and communal services

We are talking about a complaint from the consumer, because we use utilities for personal purposes. The legal basis is not so much the general norms of the Civil and Housing Codes as special acts. These include Government Decrees No. 306 and No. 354 of May 23, 2006 and May 6, 2011, respectively.

These documents describe in great detail the responsibilities of the management company, the procedure for concluding an agreement and providing services. It also describes how to confirm the fact that utility services are provided in violation of legal requirements.

To file a claim, find out the details of the management company: the full name of the organization, its address and details of the manager. The law requires that such information be publicly available. Therefore, use the power of the Internet to find the necessary data.

Write the complaint in the first person addressed to the manager. Be sure to indicate your full details, that is, full name, address and contact telephone number. Next, describe in detail the essence of the claims.

For example, the monthly payment includes an amount for the repair of utilities, but no repair work was performed.

Therefore, request a recalculation of fees based on poor-quality supply of utilities, which is recorded in the relevant act.

In principle, the claim is made in any form. But when writing it, stick to a formal style and avoid inappropriate displays of emotion. The completed claim must be signed, deciphering your data, and indicating the date.

Certificate of rent arrears sample

And regarding the debt, according to Government Resolution 307 of May 23, 2006. You can write a commitment in which you indicate the timing and amount of debt repayments. This is necessary for you, because if you do not violate this obligation, they will not be able to sue you. And about the timing and amounts at your and their discretion.

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4. If they stubbornly stand their ground, then they still have to go to the prosecutor’s office. Here everything will be much simpler - you complain to an employee of the prosecutor’s office, he will make one call to the housing office, to which they will answer “no one came to us” and that’s it, you can safely return - they will sign any certificate for you. This is how law enforcement agencies make miracles!

Features of filing the claim under consideration

Another very important point is the delivery of the claim to the addressee. According to current legislation, utility services must serve the document on the debtor. It is at this stage that they encounter quite serious difficulties.

Thus, a demand for payment of a debt must be presented against a receipt. If the claim does not have the signature of the debtor, then this does not benefit the Criminal Code during the trial.

Thus, municipal structures have no choice but to use courier delivery, send the claim by registered mail, or personally deliver the document to the debtor. But each of these methods has certain disadvantages.

Thus, when sending a letter via mail, it is possible that the addressee will refuse to receive the correspondence. Then the post office employees will have no choice but to return the letter to the sender.

In this regard, courier delivery is much more convenient, because an inventory of the letter is required. In addition, the addressee signs on a special form confirming receipt of the claim.

Therefore, delivery via courier is considered the most reliable way to submit a claim. But its disadvantage is the high cost of services.

Therefore, when sending mass mailings, not every management company can afford such a luxury.

Personal delivery of the claim also cannot be considered a way out of the situation. The fact is that the representative of the management company may simply not find the debtor at home.

Also, very often the homeowner refuses to receive the document when he finds out exactly what he has to sign for. In any case, there is a violation of legal requirements when sending a claim.

And if the case comes to court, then this situation only plays into the hands of the debtor, who can claim that he did not receive any warning letters.

In this regard, it is much easier for the consumer of utilities. You just need to competently draw up a claim and personally submit it to the Criminal Code. Moreover, it is necessary to draw it up in two copies and insist that the relevant official put his signature, full name and date of receipt of the document.

If the management company’s employees refuse to sign to confirm receipt of the claim or the consumer simply does not have time to go to the municipal structure, then send the document by registered mail. But be sure to keep the mail receipt, as it is written proof that the document was sent to the recipient.

It is possible that the claim will be ignored by the recipient - the management company or the debtor. In this case, the only way to protect yourself is to go to court.

Sometimes debt collection requires not only the existence of a writ of execution, but also a claim. For example, this is what management companies should do in the event of non-payment of utility bills by the owners of residential premises.

Delivery of a warning to the debtor

It is important not only to deliver, but also to hand over the advertisement correctly. Here are several options for delivering a notice of utility debt required by law:

Personally in hands. Representatives of the management company give the document to the recipient against signature
. If you refuse to receive it, this is recorded in writing - a refusal form is issued, certified by signature and initials.
Delivery by courier service. The letter will be delivered quickly, reliability is guaranteed
.
The option is not cheap, but worthy of attention
. When delivering a package with a letter, the recipient undertakes to sign a delivery form.
. The form is sent as registered mail, with a signature on receipt upon receipt. Postal notification is an unreliable option
. A person can ignore the appearance at the department, or issue a refusal to receive it. The document is returned to the sender.

Sample claim for utility bills

According to current legislation, every owner of an apartment in a building that is on the balance sheet of an HOA or management company must pay utility bills on time. If meters are installed in the housing, the amount is calculated based on the volume of services consumed.

If there are no meters, then the fee is calculated according to the tariffs. Not all homeowners are law-abiding citizens who pay for services on time.

We suggest considering the topic: “letter notification of debt and its repayment for utility bills, sample” with comments from professionals. We tried to explain everything in understandable languages and fully cover the topic.

Read the article carefully and if you have any questions, you can ask them in the comments or directly to the consultant on duty. If problems arise with debt repayment, the creditor has the right to seek help from the court.

However, this action must be preceded by pre-trial measures, one of which is sending a notice of debt. A debt notice is a letter sent to a debtor to remind him of the debt he owes, as well as to inform him of the creditor's further actions in the event of non-payment of funds.

Otherwise, such a notice is also called a letter of claim. Submitting a claim is a mandatory action before applying to an arbitration court to resolve monetary disputes Art.

If pre-trial measures are ignored, the claim will be returned to the applicant. Even if sending a notice is not required by law, this step will not be unnecessary for the following reasons:.

At the same time, the quality of the services provided by the management company does not matter; what is important is the fact that there are debts on bills that citizens are obliged to pay.

What is such a claim, and what does it mean for the debtor? Let's consider the algorithm for drawing up a letter of claim for debt collection, the timing of debt repayment and the stages of working with defaulters.

Characteristics of a certificate of rent arrears

From time to time, people are faced with difficult life situations, and therefore are forced to seek help from various credit organizations, which require, before applying for a loan, to provide a certain package of documents, including a certificate of absence of debts on utility bills. This document is considered as full proof that the client is solvent and will be able to repay the loan taken in the future.

It is also worth noting that such documents are also prepared by Housing Maintenance Offices, but it will be possible to obtain it only if the owner or tenant of the specified premises fully repays all current charges not only for utilities, but also for rent.

What measures to take, how to deal with those who do not want to pay rent on time

Of course, it is possible and necessary to influence such unscrupulous citizens. Specific enforcement measures can be taken by the owners of other residential premises located in an apartment building, by the court, by legal entities called management companies, etc.

Compulsion to pay for utilities occurs in several stages:

notification of debt;
demand for repayment of the debt;
notification of the accrual of penalties for payments;
claim for pre-trial settlement of a dispute;
notice of filing a claim in court.

These acts can be sent not only by the management company, but also by the homeowners’ association. These documents are created in writing.

It should be noted that all of the above documents can be sent to the defaulter already from the moment of delay for one month. The right to go to court appears only after the defaulter is recognized as malicious, namely after six consecutive months.

Informal methods of influencing debtors for housing and communal services

Of course, in addition to legal pre-trial methods of resolving a dispute, informal sophisticated methods of influencing the debtor are also used.

This is, first of all, the use of conversations, which, in some cases, serve as a method of intimidation. Informal methods of influence cannot be used for all debtors. It is necessary to take into account their moral and mental characteristics. As a rule, these are different vulnerable segments of the population with a low level of literacy.

The methods of working to collect debts in this situation are as follows: holding conversations about a possible power outage, its informal shutdown, intimidation regarding the transfer of debts to collectors, removal of children, imprisonment, etc.

Methods for collecting debt payments

Legal measures for collecting debts for utility bills:

Forcibly, through the courts.
Possibility of debt restructuring, with the voluntary conclusion of an agreement with defaulters.
Undertaking not to leave the country until payments are fully repaid.
Disconnection from the system of providing housing and communal services.
Organization of work with debtors by a special commission of residents.

Debtors should remember that any problem with non-payment leads to unpleasant consequences; it is better to make payment on time and voluntarily.

Where to complain about non-payers for housing and communal services

The question often arises: where to complain about non-payers? This issue is quite relevant, since in an apartment building such unscrupulous persons “slow down” the process of major repairs, improvement of the territory, etc.

Of course, bona fide tenants cannot go to court, since they are not direct participants in housing legal relations. The only measures of influence are:

Contacting the HOA.
To the management company.
To the housing inspection.

Methods and measures of struggle consist of filing a written complaint. According to the law, you can complain after the first month of non-payment of money for electricity, water and other utilities. Such claims can have an immediate impact on debtors.

The procedure for pre-trial debt collection

An approximate procedure for debt collection has already been described above.

The management company or resource supplying organization has the right to submit notifications and pre-trial claims. Initially, the defaulter is notified that he has a debt. This is done by sending a document that indicates the period of delay, the amount of debt and possible negative consequences for the citizen in the future (disconnection of services, increased compensation for damage, etc.)

After a certain period of time, the citizen is notified of the accrual of a penalty on the amount of the debt. At the end of such a notice, the total amount of the debt is indicated along with the accrued penalties.

The last document that completes the pre-trial stage of dispute resolution is the sending of a notice of referral of the dispute to the judicial authorities.

Claim for collection

The corresponding letter of claim nature is sent by the housing service to the debtor. The reason may be a violation of the payment procedure, failure to fulfill the clauses of the agreement
. Drawing up a deed is a normal procedure, without legal proceedings.

If the established procedure is not followed, the creditor has no right to go to court. It is mandatory to send a letter, this is in the interests of the housing sector

. Document content points:

Full exact name of the management company.
Initials of the official legal entity.
Address of the premises with the debt, personal information about its owner.
What are the reasons for the occurrence, justification, amount of debt.
The name of the agreement that obliges you to pay for utilities.
Demand for payment, repayment of rent.
Official warning of legal proceedings with restrictions.
Institutional data signed by the responsible person.

When is notification sent?

Apartment owners who have become defaulters must receive a notice specifying the amount and deadline for full repayment of the entire debt. This is an official document in which a claim is made against the debtor or certain information is sent. The notification comes after the first month of delay.

The notification must indicate the calculation of the debt and the accrued penalty. In this case, the recipient of the notification must note that penalties should be accrued from the second and subsequent months of delay.

When a utility company sends a debt collection letter, he states that he intends to collect the debt in accordance with the service agreement that was concluded between him and the owner of the property. A month after the debts are repaid, the housing organization or other housing and communal services provider sends another notice to the apartment owner, informing them of the repayment of the debt.

Sample claim to housing and communal services

If the housing and communal services service and the management company do not respond to oral and written requests, there is no point in stalling; a written complaint is required. Even if you have previously contacted the emergency service, you should send a complaint (application to the housing and communal services). The more supporting documents you have on hand, the easier it will ultimately be to achieve a resolution of the conflict in your favor in court (if the case goes to court).

There are no approved claim forms. The document (and the claim is a document that has legal force) is drawn up arbitrarily. However, there are rules that must be followed. Be sure to indicate the details of the organization to which you are writing your application, your data (full name, residential address, cell phone number, email address). In the main part it is necessary to describe the essence of the situation.

The claim that you will send to the housing and communal services organization should be as brief as possible. It’s good if its volume does not exceed one sheet (at most, two).

The claim must be concise, contain direct questions, dry facts, and specific requirements. For example, if there is a dispute about the legality of charges for utilities, you should write: “I ask you to recalculate the cost of cold water for the period from... to...”.

Vague wording and unclear requirements will result in a refusal from the housing and communal services structure. It is advisable to indicate references to specific provisions of the law - this will give weight to the claim, and it will be taken seriously.

The text of the claim ends with the signature of the applicant (with its transcript) and the date of submission of the document. If the complaint is filed by an authorized person, then a power of attorney (or its certified copy) is attached.

There must be at least two copies of the claim. One is sent to the housing and communal services authority, the second remains in the hands of the applicant. If the document is transferred in person, then the applicant’s copy is marked with the date of acceptance, position and full name. the person who accepted the document, his personal signature.

They do not always want to accept the claim officially; in this case, it should be sent by mail - registered mail with notification (preferably with a list of the attachments). The complaint will be accepted, and the period for providing a response will be counted from the date of the mark on the postal receipt. In many cases, it is possible to post a complaint on the local housing and communal services Internet portal. Such an appeal is also considered official, and they are required to respond to it.

For a roof leak

At the first sign of a roof leak, you should immediately contact the company responsible for the technical condition of the house. If the problem is not corrected in time, not only the building’s building structures will suffer, but your apartment, and you may unnecessarily flood your neighbors below. Moreover, humidity will inevitably lead to the appearance of fungus, getting rid of which is not an easy task. You shouldn't rely on phone requests. In order for the service company to take prompt action, a written complaint is required. Moreover, this also applies to applications through the housing and communal services portal.

Upon written complaint, they will be required to send a specialist who will assess the damage and prepare a defect statement. If this does not happen, and you have a second copy of the claim in your hands, file a complaint with the housing inspectorate.

For improper home maintenance

It is advisable to write a claim for improper home maintenance as a group. Moreover, given that the answer will be drawn up by a service company lawyer, it is worth enlisting the support of a housing law specialist. The claim may also be made on behalf of the chairman of the HOA, given that he is granted certain powers. Such documents are drawn up only on the basis of the regulatory framework and the provisions of the contract with the service company. If the claim is made in general terms, the Criminal Code will respond that measures will be taken. It is important to remember that the management (service) company signs a number of obligations, and it is on these that you must rely when making your claims.

By apartment flooding

When an apartment is flooded, it is not always possible to determine whose fault it is. This could be the management company, neighbors, or the victims themselves. In any case, it is better to play it safe and contact the management company. Representatives of the company will draw up the necessary acts and give their assessment of what happened. If it turns out that the service organization is to blame for the flooding, file a claim again and demand compensation for damages. Both the previously drawn up acts and the submitted claim are all necessary if in the future the dispute needs to be resolved in court.

For non-payment

Not every service company voluntarily makes timely recalculation of utility bills for those periods when services were not provided or were not provided in full. For example, quite often this happens when hot water is turned off in the summer. If you don't have meters, is it worth paying for something you couldn't use? You can write a free-form application to the service company and request a recalculation of utility bills for a certain period. If the appeal is ignored, you can write to the prosecutor's office or the housing inspectorate.

What to do as a debtor

The actions of the defaulter may vary depending on the specific situation:

Repayment of a debt	Upon receipt of notification of debt on utility bills, the owner verifies all data. If the amount of the debt corresponds to the tariffs, and the owner has no claims regarding the amount and interest, then it is recommended to pay everything in full. *Firstly, the problem will be solved without the courts* . Secondly, challenging the legal actions of the management company will not lead to any results.
Counterclaim	It is advisable to apply if the amount of debt clearly exceeds the required amount. If the management company calculates it incorrectly, the penalties will also not correspond to reality . The procedure is as follows - if the owner receives a notice of debt with which he does not agree, then a response letter is sent to the management company with its own calculation of the debt according to current tariffs. The utility company must recalculate. If the apartment owner is immediately sued and a court order is issued, with which the owner does not agree, then the law provides for no more than 10 days to cancel it . After this, the utility service files a lawsuit according to the general rules with the need to summon the defendant.
Independent recourse to court upon first notification of overdue debt	The method is relevant in case of gross violation of calculations by the management company.

In each case, the actions of a citizen who has received a notice of debt on utility bills must be legally justified.

How to properly file a claim for utility bills

You can send a letter of claim in any way that allows you to preserve evidence of contact with the violator (a certified copy, a receipt). You can deliver the claim to the counterparty in person, by mail or by courier.

Sending a notice of debt on utility bills

In addition to providing a receipt for the debt, the defaulter also receives a notice of the amount required to be paid and the timing of its repayment. In the form of a warning, the management organization may express its intention to go to court to protect its rights.

Copies of the statement of claim.
Document confirming payment of state duty.
A power of attorney or other document that confirms the authority of the representative of the plaintiff who signed the application.
A copy of the charter, certificate of registration of the management organization.
Copies of notices of the defendant's debt and receipts for their dispatch (receipts).
Agreement for the management, maintenance, maintenance of common property in an apartment building and the provision of utilities to the owner of the residential premises.
Social tenancy agreement for residential premises, if the debtor is a tenant. It can be issued in free written form.

Claim for utility bills

Who should be involved? Firstly, the owner (tenant) of the property is the main defendant. His family members are co-defendants. And even a former family member who retained the right to use the housing. That is, the owner (tenant) can file an application with the court to involve co-defendants in order to distribute the debt on utility bills.

As a general rule, a claim is filed in the name of the owner (according to the certificate of ownership) or the tenant (from the moment of actual occupancy). If the housing belongs to several persons, and there is no agreement or court decision on the division of the personal account, the co-owner is also involved in the case.

Statement of claim in a court of general jurisdiction for the collection of arrears of payment for utilities

The defendant ____________________ (full name), residing at the address: _________________________, is the owner/tenant of the residential premises at the specified address. For a long time does not fulfill obligations to pay for living space. The last payment was made by the Defendant “__”___________ ____. The debt for the period from “__”___________ ____ to “__”___________ ____ is _____ (____________) rubles.

Based on the above and guided by Art. Art. 153, 155 of the Housing Code of the Russian Federation (if the Defendant is the owner of the residential premises), Art. 678 of the Civil Code of the Russian Federation, Art. 67 of the Housing Code of the Russian Federation (if the Defendant is the tenant of the residential premises), Art. 309 of the Civil Code of the Russian Federation, articles 98, 100, 131, 132 of the Civil Procedure Code of the Russian Federation,

Sources

https://zakonius.ru/obrazec/pretenziya-po-oplate-kommunalnyh-uslug
https://inviska.ru/dosudebnaja-pretenzija-zhkh-k-neplatelschiku-16830/
https://SudVoronezh.ru/kak-sostavit-pretenziyu-po-oplate-zadolzhennosti-za-kommunalnye-uslugi/
https://yurzona.ru/zhkh/borba-s-neplatelshhikami-kommunalnyh-uslug-problemy-i-praktika-vzyskaniya-dolgov-obrazets-pretenzii-po-zadolzhennosti.html
https://ahrfn.com/kvartplata/uvedomlenie-o-zadolzhennosti-po-kommunalnym-platezham-obrazec.html
https://pravoved.ru/themes/%D0%BF%D1%80%D0%B5%D1%82%D0%B5%D0%BD%D0%B7%D0%B8%D1%8F-%D0% 96%D0%9A%D0%A5/
https://www.freshdoc.ru/iski/dokumenty/pretenzii/po_oplate_kommunalnyh_uslug/
https://wooc-service.ru/pretenziya-po-zadolzhennosti-za-kommunalnye-uslugi-obrazets/

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Reasons for non-payment

Homeowners do not pay utility bills for various reasons. They can depend both on them and on accompanying situations.

The main reasons for non-payment include the following:

Absence of the apartment owner at the place of residence	This includes business trips, living in another constituent entity of the Russian Federation and other situations that prevent timely payment of utilities.
Loss of capacity	The factor is preceded by an illness or injury characterized by long-term treatment at home or in a hospital.
Financial difficulties	Job layoffs, salary reductions, and other financial obligations.
Disagreement with tariffs for housing and communal services between the owner and management company	A lengthy settlement process may result in non-payment of the receipt.
Living in an apartment with relatives or tenants who are dishonest about paying for utilities	The owner may not be aware of what is happening.

None of the factors relieves the property owner of responsibility for failure to pay utility bills. In some cases, the absence of the owner at the location of the apartment due to a work trip or illness may be considered by the Criminal Code or judicial authorities as a mitigating circumstance

. In this case, interest and penalties may not be accrued.

Sample notice of debt on utility bills