What is the statute of limitations for housing and communal services debts in Russia?

Any owner of an apartment or private house is familiar with the concept of utility bills. These "letters of happiness" are waiting for the owner in the mailbox in the early days of each month. If you pay on time, then there will be no problems. But there are unpleasant cases in the form of delays in payments, penalties and discontent of management companies. What awaits the deadbeat in this case? Is there a statute of limitations for housing and communal services debts?

Housing services

Housing and communal services is an uninterrupted supply of the necessary resources for normal, comfortable human life to apartments and houses. These include:

• gas;
• electric power;
• heat;
• hot and cold water;
• sewage system;
• maintenance of the local area;
• maintenance and repair of housing;
• garbage removal.

For this, all responsible organizations spend considerable funds, which then, by law, are returned by the owners of the apartments. Money is paid under an agreement between the landlord and the management company or service provider company. In the latter case, accounts come in different quintantines, and in the first - on one.

Now Real Estate Partnerships (TSN or HOA) as organizations are becoming increasingly popular. In this situation, residents note significant benefits when paying for services.

Be that as it may, in any case, the obligation to pay utility bills under a contract is governed by Article 153 of the Housing Code of the Russian Federation.

Occurrence of debt

In the family budget, the cost of housing services is at least a quarter of all monthly expenses included in the mandatory list. But not all citizens of Russia knowingly pay bills. Every year, public utilities suffer losses totaling more than 200 billion rubles. As the Russians explain, the housing and communal services debt arises from them for the following reasons:

• job loss;
• temporary material difficulties;
• loss of receipt;
• elemental forgetfulness;
• insolvency;
• deliberate unwillingness to pay, as they are dissatisfied with the quality of the services provided or do not agree with the total amount.

However, all these arguments do not at all free the owners from payment, but, on the contrary, exacerbate the situation. Utilities at first politely remind of debts. If their requests are ignored, utilities move to more radical measures:

1. Send a pretrial claim.
2. They sue the debtor and win. In this case, the debtor pays the amount determined by the court independently or through the bailiff service.

Responsibility of the homeowner for non-payment of utilities

There may be several cases of punishment of the debtor:

1. If the housing is not privatized and is municipal property, then in case of non-payment of the debt for three months they have the right to turn off the gas, turn off the hot water, cut off the electricity supply. If the debt is not paid off after six months, residents on all grounds can be evicted to a more modest housing that meets all living standards.
2. If the apartment or house is owned, eviction is not possible. Utilities can only pause the flow of certain resources.
3. If the apartment is leased, the responsibility for paying utility bills lies with the owner of the apartment, and he, in turn, can recover the debt from the tenant through the court as a private person.

In most cases, management companies and utilities sue debtors, silent about the fact that there is a statute of limitations on housing and communal services debts.

Legislation

What is the statute of limitations for housing and communal services debts established by law? The limitation period is the period during which the plaintiff may apply to the court for the restoration and protection of violated rights and obligations. This process is regulated by the Civil Code, namely article number 196. According to this article, the limitation period for housing and communal services debts is three years. That is, after this time, the plaintiff loses the guarantee of protection of his rights, and the defendant (debtor), on the contrary, acquires the right not to pay old accounts on completely legitimate grounds.

After what time the debtor is sued

There is no special law or clearly established deadlines for filing a debtor with a court. The management company (UK) or HOA (TSN) act at their discretion. In principle, they can file a lawsuit already in the second month after the formation of debt. But such cases are rare. Some organizations still file a lawsuit in court when the statute of limitations for housing and communal services debts has long expired, hoping for the debtor’s legal illiteracy.

Possible actions of the Criminal Code and Homeowners Association (TSN) in the formation of debt

There is no obligatory pre-trial settlement of debt. And in practice, the Criminal Code and Homeowners Association are in no hurry to appeal to the court. They are doing their best to negotiate with the debtor, set new payment deadlines, provide installments and so on. Such actions are taken due to the fact that the court, finding out all the circumstances of the case, is likely to ask whether citizens were provided with information about the amount of the debt, the timing and methods of payment.

Deadlines for filing a lawsuit against a debtor for utility payments

Utility organizations, having warned the owner of the resulting debt, can at any time file a lawsuit with the court and at their discretion indicate the period for which the debt is collected. It can be ten, and fifteen years, and six months. But if the defendant submits a request for the expiration of the statute of limitations for housing and communal services debt under the law (Article 196 of the Civil Code of the Russian Federation), the court will oblige the debtor to pay the funds only for the last three years.

In what cases are the statutes of limitations for collecting debts for housing and communal services

Article 196 of the Civil Code of the Russian Federation is applicable in all cases that relate to debts on utility bills:

• state and privatized housing;
• the debt period may be any, but not less than three years from the last payment;
• the penalty can be sent to all adult citizens registered in this room: in this case, all defendants must file applications for the expiration of the statute of limitations for housing and communal services debts.

Expiry conditions for housing and communal services debts

The statute of limitations expires undoubtedly. But there are some nuances. If they are not taken into account, the court will not accept the debtor's application for missed time periods. In order not to fall for this bait, the owner does not need:

• make any payment on old payments that are already three or more years old;
• sign papers that are given by representatives of the management company;
• accept the lawsuit and the existing debt.

Procedure for the court to consider a claim for communal debt

Sooner or later, if the debt on utility bills is growing, the organization will file a lawsuit in court. The judge has the right to consider it in any of two ways:

1. The court order. Order production is devoted to the whole 11 chapter of the Civil Code of the Russian Federation. If the amount of the claim is less than 500 thousand rubles, the case can be considered without involving the parties. But for this, the debtor's unfulfilled obligations must be explicit, thorough evidence, a detailed calculation. Such a court order is easily reversed within ten days. If no action has been taken, it shall enter into force on the eleventh day. If the defendant submits a request to cancel the court order, the case is referred to the district or regional court for consideration at the hearing.
2. The decision in the trial. This process takes place with a challenge to the parties, consideration of all documents, that is, a hearing is being held. In this case, the claim shall be filed at the place of residence of the debtor. It is here that the defendant can file a petition for the expiration of the limitation period, if this is true. The court decision shall enter into force one month after its adoption. Until it has entered into legal force, you can appeal.

The important point is not to miss the deadlines for canceling the order, filing motions and appeals.

How to write off debt by statute of limitations

With the proper use of the law, it is easy to write off housing and communal services debts by statute of limitations. Full cancellation is possible if the organization collects from the debtor through the court only old debts. If one claim also includes debts that have not reached the age of three, then their court will oblige them to pay in full.

How to write and file a motion to apply the limitation period in 2017

If the statute of limitations on housing and communal services debts in 2017 expired, then the last payment on receipts was made no later than 2014. Under such circumstances, the statute of limitations takes the side of the debtor. So, the response algorithm of the responder should be like this:

1. If a court order is received. A court order is issued by a judge, often a judge, in absentia, without the presence of parties and third parties, when all the facts and evidence are available, the debt is confirmed. Firstly, it is necessary to cancel the court order within ten days after its delivery. Make it easy. In this case, the case will most likely be referred to the district court. After the judge accepts the claim for consideration and sets the date of the meeting, the defendant submits a motion to apply the limitation period. If the application is accepted, the trial is terminated.
2. If a court decision has already been issued to recover utility debt from the defendant, it will be much more difficult here. A lawsuit is not easy to challenge. There must be good reason and reason for this. When the fact of the debt is confirmed, and the defendant has not submitted the application, the entire amount and the penalty are recovered.

To avoid any force majeure circumstances, and the chance to apply the statute of limitations does not slip at the very last moment, you should always look in the mailbox for judicial notice. Such letters wait only seven days, then they are sent back, and no one will report on the date of the court hearing or on the issuance of the court order. The deadlines will be missed, it will not be possible to write off the debt partially or completely.

How to apply for a limitation period

The petition is filed in the same court where the case is being considered. It can be voiced orally right at the hearing of the case, it will be recorded in the minutes, and the court will take into account and consider, and then make a decision on whether to accept or refuse.

A written petition may also be submitted to the court in the courtroom, or it may be submitted to the clerical office (reception of the court) or to the assistant judge who has the case.

Application form

The application is written on a notebook sheet or A4 sheet in free form, since there is no special approved sample of this document:

1. The heading of the application indicates the name of the court, the number of the case, the judge who is considering the claim, the name of the person filing the application, and status (defendant or plaintiff).
2. Then, right in the middle, they write the word "Statement" with a capital letter and put an end to it.
3. Further, the essence of the case is stated in approximately the following form: “when considering the case (No., indicate the defendant, the subject of the claim), I ask you to apply the limitation period on the basis of Article 199 of the Civil Code of the Russian Federation.”
4. Please enter your signature and date below.

This article will help all those who find themselves in a difficult life situation, with delays in utility bills, and may already be at the trial stage. It is important here not to miss the deadlines for submitting applications, canceling orders and filing appeals. Utility organizations benefit if the defendant is not legally savvy or simply indifferent to the trial.

It should be remembered that there is nothing to worry about in the trial, you need not be afraid of it. This is an ordinary dispute between two people in which you need to uphold and prove your point of view, as well as use laws that, in a particular case, will help to win the case.