Utilities must be paid on time with service companies. Otherwise, the citizen will have to incur a certain punishment up to disconnection from the networks. This phenomenon is increasingly common. Turned off the light for non-payment? Below we will try to find out how this is a legitimate act. Under what circumstances can a tenant be turned off? And how to behave under certain circumstances?
Denial of Service Right
Do they have the right to turn off the lights for non-payment? This question worries many citizens. Especially those who prefer not to pay on time for bills sent.
According to the current law, disconnection from utilities for non-payment is the right of the management company or the HOA. It takes place with long delays in due payments.
Moreover, the power outage must be carried out according to certain principles. If the procedure is violated, the defaulter has the right to go to court and become injured. Next, we consider the competent procedure for refusing to provide utility services and the algorithm of actions for connecting electricity in more detail.
For a short time
Turned off the light for non-payment? Sometimes citizens complain about a similar situation. Especially when the event happened suddenly, and the residents still have time to pay off debts.
The thing is that management and service companies can disconnect houses and apartments from electricity for a short period. Typically, these situations can be called a “planned outage,” which is reported in about 2 weeks. There are exceptions, for example, accidents on the lines. Then the Criminal Code often cut off the power supply without notifying residents.
Here is a list of circumstances in which you can turn off the electricity for a short time:
- scheduled work on networks;
- the emergence of modes not related to the repair of electrical networks, but the appearance of which may require a power outage;
- repair work;
- accident.
It is worth paying attention to the fact that in case of accidents, residents should still be informed about what is happening. This will have to be done within 5 days from the moment of the accident.
When can I turn off apartments
Turned off the light for non-payment? Russian law allows this to be done, but under certain circumstances. Moreover, for the procedure to pass legally, it is necessary to observe a huge number of nuances and moments. We will get acquainted with them later.
A power outage in apartments is legally possible if:
- unauthorized connection was detected;
- a deliberate crime was committed - a citizen intentionally ruined the meter or broke the seals;
- installation of a new counter is not paid;
- the rules for using electricity are not respected;
- the person attempted to intentionally reduce the power / quality of the electricity supplied.
In addition, failure to pay utility bills (for electricity) may result in a corresponding sanction. This measure is very fond of scaring debtors, but often there is nothing to fear.
How to properly turn off the energy
HOA turned off the light for non-payment? What needs to be done to remedy the situation?
Any lawyer will first of all recommend a thorough check of the procedure for cutting off the supply of electricity to the apartment. If it was violated, you can go to court, but we'll talk about this later.
This is how a competent procedure for disconnecting a person from electricity for non-payment looks like:
- Expectations of debt accumulation. You must wait until a person makes payment within a few months. Only after this is it worth preparing for the shutdown.
- Send a notification to the non-payer with a warning. The document recommends writing up to what date you need to pay off your existing debt. They write here that if the requirements are not met, the Criminal Code can turn off the electricity.
- Wait for the end of the set waiting period.
- If payment from the citizen has not been received, apply to the court with a motion to disconnect certain people from the light. A lawsuit is filed against a specific tenant, not the whole house.
- Get your hands on a court decision. During the debate, the presence of the debtor is not required.
- Disconnect the apartment from electricity, sending along with this act a copy of the court order.
That's all. Now it’s clear how they turn off the light for non-payment in an apartment or house. There seems to be nothing difficult. In fact, everything is not as simple as it seems.
How much to wait for debt
For non-payment in the house turned off the light? This measure of dealing with debtors for the "communal" is increasingly common. Unfortunately, management companies and electricity providers do not always follow the procedure for disconnecting apartments and houses from their services.
For example, some are in a hurry to knock out money from non-payers and almost immediately threaten the application of sanctions. In fact, you must wait. As a rule, a power outage is possible after a person has accumulated debt for more than 2 billing periods.
In other words, approximately 3 months after the occurrence of a debt (of any size), one can prepare to turn off utility services. But the main thing at the same time is to comply with the proposed procedure.
The presence of children
Turned off the light for non-payment? Does a small child live in a “problem” apartment? Is it possible in this case to be afraid of disconnecting from the network?
Yes. Under the laws in force in Russia, having a child in an apartment does not exempt adult residents from punishment for arrears of a "communal apartment." Therefore, the family will be disconnected from the network on a common basis.
Large and debts
Quite often there are complaints that a large family turned off the light for non-payment. In the case of one or two children, the HOA or the Criminal Code have such a right. But what about large families?
This category of citizens in Russia is considered preferential. And in the housing sector, too. Only no one exempts them from the obligation to pay for utility bills. You can get a discount, but not the complete absence of a "communal".
Accordingly, large families, like ordinary citizens, can be disconnected from electricity for the presence of debts. Especially when the amount has accumulated rather big. Only before this will have to be required to notify the family in writing. Otherwise, the procedure will be carried out illegally.
Where to call
Turned off the light for non-payment? Where to call in this case? It all depends on the situation. Usually citizens turn to:
- management companies;
- organizations representing home electricity providers.
Phones and addresses can be viewed on payments for the "communal" or in the notification of debts.
What to do after that? A citizen will need:
- Call the appropriate company.
- Give the number of the Criminal Code, personal account of the apartment and information about the owner of the housing.
- Ask if there really is debt on a particular account. It is possible that an error has occurred in the service company.
Is there a debt? Then it’s better to pay it. Otherwise, the citizen can really turn off the electricity in the apartment. If the debt turned out to be erroneous, the employees of the management company must quickly and at their own expense correct the situation.
Payments made, but there is debt
Did the person turn off the light for non-payment? Unfortunately, sometimes it happens that a citizen transfers money for electricity, but he still accumulates debt. Ultimately, a tenant is notified of an impending outage, and then the sanction comes at all.
What to do under such circumstances? A citizen will have to collect all the checks and payments to pay for the "communal", and then come to the service company. By presenting receipts (it is better to make copies of them for yourself), you can prove the fact of money transfer.
Sometimes the described situations occur due to system failures or problems in banking transactions. Only checks and payments confirming the fact of payment for services will help to fix the situation.
Important: if there are no checks and other evidence of transactions on time, a person can be forced to repay the debt. The same applies to situations in which money is transferred to the wrong company or to the wrong account. This also happens.
Electricity return
Turned off the light for non-payment? How to connect it again? Typically, the algorithm of actions is prescribed in the notice of the termination of the supply of electricity to the house. Nevertheless, in general terms, we will consider the procedure for resuming filing.
The action algorithm should be something like this:
- Take a passport and appear in the Criminal Code.
- Pay the debt and write an application to connect to the network.
- Deposit money for the upcoming service. Payment may vary.
- Coordinate connection time with company employees.
- At the appointed time, monitor the employees of the service company. They will remove the seals from the meter, and then write out the act of connecting the energy.
That's all. In fact, it is not as difficult as it seems. It is better not to bring the situation to a blackout, but if this happens, you will have to prepare and act decisively.
About deferment
Turned off the light for non-payment? How to connect it again? It is recommended to adhere to the previously proposed algorithm of actions. Additionally, it is worth paying attention to the right of deferment.
Each debtor can write an application for a deferral of debt repayment. Deny this in the Criminal Code or HOA will not be able to. An application is written instead of depositing money into a debt account.
Important: when applying for a deferment, a certain amount will have to be transferred to the account of the existing debt. As a rule, it does not exceed 1,000 rubles.
After obtaining approval of the delay, you can coordinate the process of connecting the apartment to electricity. Everything is not so difficult. The main thing is to continue not to postpone payments for the "communal" in a long box.
Procedure violated
But what if the lights were turned off for non-payment without notice or court order? Under such circumstances, the process can be considered violated. And the tenant may become affected.
How to behave? Firstly, it is necessary to require a written court decision on disconnecting the apartment from the network. The corresponding request will have to be recorded. For example, in the video.
Secondly, if there is no resolution, you can contact the prosecutor's office or the local judicial authority. A person will have to collect evidence of his innocence, and then file a lawsuit on the illegal disconnection from electricity.
Despite the fact that the plaintiff is a debtor, the law will still be on his side. The main thing is to prove the violation of the process of disconnecting the apartment or house from electricity.
Important: in such circumstances, the debtor can achieve not only a connection to the power grid, but also receive moral compensation for harm.
If you haven’t disconnected yet
As we have said, citizens should be warned about an upcoming blackout. Otherwise, the sanction does not take place. To apply it legally does not work.
Did the citizen receive a notification about the upcoming disconnection? What can be done?
Pay off existing debt. In this case, it is recommended to make copies of the checks and take them directly to the management company or supplier. The debt will be paid off, the warning will be canceled.
Apply to the Criminal Code with a request for deferred payment. Sometimes, various life circumstances help to achieve the desired result - the availability of rehabilitation equipment for the seriously ill, the tenant's disability, financial problems that arose due to unforeseen circumstances. You can often negotiate with suppliers.
Waiting for trial and power outages in the apartment. Often, debtors begin to think about paying off debt only after appropriate punishment.
Conclusion
Now it’s clear how to behave if the apartment turned off the light for non-payment. Such an act is far from always legal. And you need to know about your rights.
The presence of debt is not a reason to refuse protection to the population. If the process of disconnecting utilities is violated, you should go to court or go to the prosecutor. Then the problem will be solved very quickly.
Increasingly, people receive false notifications of debt. Typically, in such papers they write that the apartment will be disconnected from a particular housing and communal services if, until a certain point, they don’t transfer the money according to the details provided.
You cannot trust such notifications. If a person received a notice of debt, you need to immediately call or go to the Criminal Code to clarify the situation.
Have the right to turn off the lights for non-payment? Yes, but first, service companies are obliged to warn about this.