She bought an apartment with debts what to do. What to do if you bought an apartment with communal debt

You decided to move and bought an apartment. The deal went smoothly, we got a certificate from Rosreestr. We went to register with the management company. And then they tell you that there will be no registration until you pay off the debt for paying utility bills ...

Common situation? Alas, yes. Not all apartment sellers are conscientious, and even a deal with a realtor is not a 100% guarantee that there will be no problems with new housing. What advice can you give to the new owner of the apartment if they are trying to bill him for the debts of the previous owner?

What does the law say about buying an apartment with utility bills?

In this case, the law is on the side of the new owner of the apartment. Article 153 of the Housing Code of the Russian Federation directly states that the obligation to pay for utilities and maintenance of housing from the owner of an apartment, room and other housing arises from the moment of acquiring ownership of this living space. From a legal point of view, this moment is considered date of issue of a certificate of ownership to the new owner of the apartment. Accordingly, all debts for housing and communal services that appeared before this date must be paid by the previous owner of the apartment.

However, there is an important nuance here: sometimes the new owner of the apartment still has to pay off the debts of the old owner for utilities. This happens if, when transferring an apartment, you completely forgot to check and record the readings of metering devices. In this case, it is difficult to establish what readings were on the water or electricity meters at the time you got the apartment. It is good if the former owner at least regularly transmitted his testimony to the management company. If the readings were not transferred at all, or the old landlord regularly underestimated them, the amount of debt can increase significantly.

To avoid paying off debts for utilities for the old owner of the apartment, make an acceptance certificate for the apartment in 2 copies and sign it together with the seller. In the act, it is necessary to note the meter readings for water, heating, electricity, gas on the actual date of transfer of the apartment.

The management company demands to pay off the debt of the previous owner of the apartment

Alas, management companies and HOA chairmen do not always know the law well. A very common misconception of public utilities is that the debt hangs not on the owner, but on the apartment itself. In fact, this is not the case. If the previous owner moved out without paying for utilities, his debt does not go anywhere and does not go to the new owner of the apartment. In case of non-payment of the debt, the Criminal Code can always collect the debt for housing and communal services from the old owner in court - which, by the way, is the direct responsibility of the Criminal Code, for which tenants pay money to it. The new bona fide owner of the apartment should in no way suffer for the "sins" of the previous owner.

Most often in this unpleasant situation, the management company threatens:

• "Until you pay off the debt, we will not issue a residence permit."
• "If you don't pay, we'll turn off your water supply."
• "Pay now, or we will charge a penalty."

All this, of course, is illegal.

The debt on contributions for overhaul goes to the new owner of the apartment

We will separately discuss the situation with contributions for overhaul. In part 3 of article 158 of the Housing Code, it is said that the obligation to pay the costs of overhaul in the apartment building appears with the owners from the moment the ownership of the premises in the house arises. However, in the event of a transfer of ownership (for example, when selling an apartment), all obligations of the previous owner of the apartment to pay the cost of capital repairs are simultaneously transferred to the new owner. That is, the debts on payments for overhaul, left over from the previous owner, will have to be paid off by the new owner of the apartment.

An exception to this rule is provided by law for apartments that used to belong to the Russian Federation, constituent entities of the Russian Federation or municipalities: they will have to cover their debts on contributions for overhaul themselves until the transfer of ownership to the new owner.

What to do if the apartment has debts of the previous owner?

1. Immediately inform the Criminal Code of the change of the owner of the apartment.
   As soon as possible after registering the transaction with Rosreestr and receiving a certificate of ownership of the apartment, go to an appointment with your management company or the chairman of the HOA. Bring a copy of the certificate of ownership or an extract from the USRN for the apartment, as well as a copy of the acceptance certificate for the apartment with meter readings and ask to change the information in the personal account. Now all bills for housing and communal services must be issued in your name, and without other people's debts.
2. Write a claim to the management company.
   If the employees of the Criminal Code insist that you should cover the debts of the previous owner of the apartment, first describe the situation politely to them and refer to the legislation (Article 153 of the RF LC). In many cases, a competent conversation helps to remove all claims. Failed to agree? Submit a written application addressed to the director of the management company or the chairman of the HOA. In this application, in any form, again describe the entire situation, cite the law, attach copies of documents to the apartment. Print the application in 2 copies so that the Criminal Code will sign for its receipt on your copy.
3. File a complaint with the Housing Inspectorate.
   This state body controls the correctness of charging utility bills. If the management company unreasonably includes other people's debts in the receipt, this is a violation. The Housing Inspectorate can check the correctness of the calculation of utility bills and issue the Criminal Code an order for recalculation.
4. Write a claim to the real estate agent.
   If a realtor conducted the purchase and sale of an apartment for you, we recommend that you file a claim with him in connection with poor quality services. According to Article 29 of the Law of the Russian Federation "On Protection of Consumer Rights", you can, for example, ask for a refund of part of the cost for the poor performance of a realtor who poorly checked the legal purity of the transaction.

Criminal Code refuses to register due to debts of the previous owner

Some particularly persistent management companies may create a problem when registering in a new apartment, refusing to accept the passports of the new owner and his family members. If passport officers from the Criminal Code place the possibility of registration under the condition of paying off the debts of the old owner of the apartment, apply for registration in a new apartment directly to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation in your city. An application for deregistration at the old address and for registration at a new address can be submitted simultaneously. It is convenient to do this through the State Services website.

How not to buy an apartment with debts for housing and communal services and overhaul?

• Demand confirmation of the absence of debts for housing and communal services and overhaul.
  Before signing any contracts, transferring money and registering with Rosreestr, require the owner of the apartment to provide documentary evidence that he has paid off all his debts for utilities and payments for overhaul. Let him show you a certificate from the management company, energy sales, water utility (if utilities are paid directly by them), the regional capital repair fund about the absence of debt.
• Check the apartment yourself.
  There are many publicly available methods that will allow you to verify the purity of the transaction and the absence of debt. You can call the management company or check the list of debtors on its website, see the amount payable in the Sberbank payment terminal (at the apartment address, personal account number). It is also worth checking the owner of the apartment and all tenants on the Bank of Enforcement Proceedings of the Bailiff Service.
  Detailed instructions for checking the purchased apartment are on our website:
  
• Record meter readings.
  If the apartment has individual meters for light, water, heating, gas, be sure to check their readings. When signing the acceptance certificate of the apartment, reflect in it the final readings of the meters with which the previous owner gives you the apartment. In case of disputes with the management company, you will have documentary evidence of the testimony for which the previous owner is responsible. Additionally, you can ask the Criminal Code in connection with the upcoming sale of the apartment to check the correctness of taking readings by the old owner of the apartment.

There are quite a few “dangerous” apartments in the secondary real estate market, the purchase of which can turn into problems for the new owner. These are objects with an unclean legal history, with unaccounted for the rights of minors, inherited housing. This category also includes apartments whose sellers have accumulated a lot of debts.

We tell you about the risks of transactions with debtors and how to insure yourself against possible troubles in detailed cards.

Debt seller
What does it mean

The most common debts of apartment sellers are for utilities. According to realtors, the share of objects with unpaid "communal" in the real estate market is about 1-3%.

The seller may not be able to pay off debts for housing and communal services, but when selling an apartment, getting rid of this debt is the only chance to make a deal, so he can even attract another loan, says Alexander Moskatov, managing director of the brokerage department of Miel-Network of Real Estate Offices. “There are situations when the seller, on his own, is looking for an opportunity to get a bank loan or a loan from individuals to pay for utility bills, being confident that he will repay it from the funds received for the apartment. With a significant amount of debt, the property of the seller can serve as collateral for such a loan: an apartment, a car, a land plot. "

It happens that the home owner has other debts - for example, outstanding bank loans with delays and other loans. And subsequently, such a seller can be declared bankrupt.

Unpaid services
What to do if the seller has accumulated debt for housing and communal services

As a rule, in such cases, the seller and the buyer agree "on the shore". Let's say the cost of an apartment is 10 million rubles, and the debt on it is 100 thousand rubles. When making a deal, the buyer pledges 9.9 million rubles into a safe deposit box. (10 million rubles minus 100 thousand rubles). Experts emphasize that in order to avoid fraud, it is better for the buyer to pay this debt on his own, deducting it from the purchase amount.

“Usually there is no danger in such a scheme,” says Maria Litinetskaya, Managing Partner of Metrium. - The future owner keeps the amount, which he will then use to pay off the debt after the re-registration of ownership. If the apartment is not arrested, then such contracts are concluded without problems. If we are talking about a mortgage transaction, the buyer simply deducts the debt from the amount of the down payment. "

the confirmation
How to find out that the buyer has debts for utility services

In order to find out about the presence of utility debts, you need to ask the seller to provide a certificate from the management company about the absence of debts for housing and communal services. If the apartment is arrested, this is reflected in the extract from the Unified State Register of Real Estate (USRN). By the way, this document displays not only the very fact of the arrest, but also information about who imposed the restriction: bailiffs, tax authorities, banks, etc.

Alarm call
Why "communal" debts are dangerous

By themselves, they are not dangerous if you act according to the above scheme. “But the debt must be closed before the deal,” says Denis Frolov, head of commercial practice at BMS Law Firm. - Formally, the debts for housing and communal services should not be transferred to the new owner. But there may be many problems with the management company and difficulties with the subsequent sale of the apartment. "

The problem of paying the “communal” debt itself can be solved. But large debts for housing and communal services should alert the buyer and become an incentive to find out additional information. It is possible that the seller of the apartment has other unpaid debts - and this is already a cause for concern.

Bankrupt seller
What are the risks for the buyer

The problem for the buyer here is that the bankruptcy of a heavily indebted homeowner may not happen before, but after the sale of the apartment. At the same time, the law provides for a large time gap: if the seller is declared bankrupt within three years after the transaction, it may be declared invalid.

“The buyer may be obliged to return the apartment to the bankruptcy estate,” explains Galina Hamburg, deputy head of the practice of property and liability relations of the national legal service “Amuleks”. - But with the return of funds to the buyer, sometimes unsolvable problems arise. In fact, the buyer becomes one of the creditors of the bankrupt seller. "

Not even the seller himself, but the previous owner of the apartment may fall under the bankruptcy procedure, and this can also negatively affect the final buyer, adds Svetlana Krasnova, head of the legal department of Inkom-Real Estate. If three years have not passed since the previous transaction, then the resold apartment will also be claimed in the bankruptcy estate.

Proceedings
Can a bankrupt hide the fact of a transaction from creditors and the court

Such a deal cannot “get lost” even after the lapse of time, says Galina Hamburg. When filing an application for declaring a citizen bankrupt (on his own initiative or on the initiative of the creditor), the debtor must inform the arbitration court of information about all transactions he has made with immovable property over the past three years. In addition, the financial manager will make a request to Rosreestr, so it is almost impossible to hide such a deal from the court and other creditors.

Security measures
How to prevent the withdrawal of an apartment

It is impossible to insure 100% against such a situation, but the risk of its occurrence can be reduced, experts say. Here it is better not to neglect the help of professional lawyers or realtors who can assess the prospects of the transaction and get the necessary information.

At the slightest suspicion (and they can be caused, for example, by those very large arrears in payment for utility bills), you need to find out as much as possible about the seller, advises Svetlana Krasnova. For example, about the presence of financial obligations to third parties (outstanding loans, loans, other debts). It is important to include in the text of the sale and purchase agreement a clause on the seller's guarantees that he has no unfulfilled financial obligations, which could be the basis for declaring him bankrupt. You also need to check the existence of enforcement proceedings initiated against the seller, the presence of court cases to collect money from the seller, request information from the credit bureau, check the seller for the absence of bankruptcy proceedings against him, make sure that his property is not arrest or ban is imposed. It is also necessary to find out the history of transactions with this apartment: if it changed its owner relatively recently, then the previous owner of the apartment should also be checked.

“Another fallback option is the title of insurance, when the apartment is insured just in case the deal is canceled through no fault of the buyer. However, in this case, you will still have to go to the courts and prove your case, ”notes Maria Litinetskaya.

Foundations
Because of what the transaction may be invalidated

A transaction for the sale of an apartment may be invalidated if it is proved that the bankrupt seller made it with preference to one of the creditors. For example, if a seller has several creditors, but he sells his property to one of them, depriving everyone else of the right to receive compensation or violating the order of satisfaction of claims, said Svetlana Krasnova from Inkom-Real Estate.

Another reason is damage to the property rights of creditors. This refers to a transaction for the sale of real estate at a clearly lower price, a gift or a fictitious sale (for example, when the seller continues to use the apartment after the transaction).

“An additional condition for declaring a transaction invalid is that the buyer knew about the seller’s illegal purpose at the time of the transaction,” the lawyer explained. "This is assumed if, for example, the contested transaction was concluded between interested parties - relatives, affiliates."

Buyer's rights
Can he prove he is right

Even if the seller goes bankrupt, the transaction for the sale of the apartment by him can be left in force. “Lenders will still have to prove that the transaction harmed their interests and that the buyer knew about the seller's insolvency. In practice, it is difficult to do this, especially if the buyer acted in good faith, ”explained Vladimir Starinskiy, managing partner of the Bar Association“ Starinskiy, Korchago and Partners ”.

But even if the buyer manages to defend their rights to the apartment, buying a home from an owner with debts can turn into long litigation. Therefore, such transactions are best avoided.

Last updated February 2019

Today, not all citizens manage to fully and timely pay utility bills. Many Russians have a difficult financial situation, and there is no money left to pay for services. However, not everyone knows that delays in payments for more than 1-3-6 months can lead to the accrual of penalties and the appeal to the court by the housing management organization for debt collection. And then the bailiffs will seize money and property. In some cases, the debtor may suffer the fate of the eviction from the apartment.

Responsibility for non-payment

If you are late in payment for utility bills by more than one month, what will happen, what is the threat?

Penalties will be charged on the main payment

Penalties begin to accrue from the second month of delay. The rights of public utilities to charge them are reflected in clause 14 of article 155 of the Housing Code. Penalty is charged for every day and its% changes depending on the number of months of no payment:

• 1/300 of the refinancing rate of the Central Bank of the Russian Federation - from 2 months to 3 months
• 1/130 for subsequent - starting from 4 months.

Penalty amount \u003d debt * number of days of delay * 1/300 * refinancing rate.
The size of the current rate can be found on the Central Bank website www.cbr.ru. Since the beginning of 2016, the rate is 11%.

Example: The total amount of debt for services as of March 10, 2016 is 2,400 rubles. Of these, 1200 rubles. for February, and 1200 rubles. for January 2016. You made the payment only on March 20, 2016 (the number of days of delay is 10).

Penalty calculation: (1200 * 10 days / 300) * 11% \u003d 4.40 rubles.

Disabling the use of utilities

Temporary restriction or disconnection from the use of utilities (gas, electricity, hot water, intercom services) until the debt is repaid. The debtor is threatened with this measure if the rent arrears for more than three months.

The procedure for applying the restriction:

• the debtor is notified in person or in writing (by mail);
• if the debtor ignores the notification, the executor personally notifies the consumer after 3 days and disconnects, if technical feasibility allows.

Which utilities cannot be disabled?

• heating;
• cold water supply;

The resumption of work of utilities is made no later than 2 days after the payment of the debt for the services or the signing of an agreement on debt restructuring (see).

Sending a case on debt collection to court

Utilities have the right to start a legal battle to recover a debt for housing and communal services from the moment they are convinced that the user has stopped paying, first:

• the debtor is notified of the resulting debt in person or in writing (see);
• offer to pay the debt voluntarily within 30 days or conclude an agreement to pay off the debt;
• in case of refusal or non-payment, a package of documents is prepared and sent to the court. much simplified and now, when submitting documents to the court, a positive decision is made in absentia within 5 days by a court order.

The cost of a claim can increase significantly, since it will include not only the total amount of all debt and penalties for the entire period of delay, but also legal costs.

Methods for collecting a debt after the entry into force of a court decision

Voluntary order

The debtor may be asked to pay the debt in full at a time, or conclude an agreement on debt restructuring (as a rule, it is concluded for a period of 6 months, but can be extended). This agreement is the most advantageous option, since it allows you to pay off the debt over a certain period, in equal installments, and not the entire amount at once. The restructuring agreement form is drawn up by the utilities based on your application.

Sample application for debt restructuring for housing and communal services

To the Head of Zarya Management Company
Antonov A.S.
from Yakimov S.T.
residential address: Mirny, st. Unions 31-2
tel. 34-37-21

Statement

I ask you to consider concluding an agreement with me on the restructuring of debt for the use of services (indicate the type of service: heating, sewerage, water supply), for a living space that belongs to me on the right of ownership, located at the address: Mirny, st. Unions 31-2.

As of 03/01/2016, the debt is 46 341 rubles. The last payment was made in October 2015.

The reason for the lack of payment is cut from work, a difficult financial situation.

Date __________ Signature _______________

Compulsory order - with the help of bailiffs

Recovery by a bailiff can be made from funds from:

• able-bodied population: by sending the executive document to the main place of work, and by combining;
• pensioners: by imposing a seizure on pension and other income;
• disabled people: housing and communal services debt can be recovered from a disability pension, except for those cases when the person is incapacitated.

Important!The amount of monthly deductions from earnings or other income cannot exceed 50% of the total monthly income (Article 99 of the Federal Law).

Other measures most often used by bailiffs:

• seizure of property (including money, securities, current accounts, property in an apartment);
• seizure of seized property and sale at auction;
• introduction of restrictions on leaving the Russian Federation;
• introduction of restrictions on registration actions with property.

Forced eviction for utility bills

Can they be evicted from an apartment for a communal debt? Debt eviction is a separate requirement for a public service statement. If, after the entry of the court decision, the debtor continues to accumulate debt, does not fulfill the requirements of the restructuring agreement, and the FSSP of the Russian Federation fails to collect anything from him, the time comes for this extreme measure - eviction.

Check-out procedure:

• written notification of the debtor about the possible application of the eviction procedure;
• drawing up a claim to the court for forced eviction of the debtor;
• after the decision of the court, the person will be given 7 days for voluntary eviction, and then a compulsory order is carried out.

Eviction from a privatized apartment - if a person has other housing suitable for living, he can be evicted for debts. The owner's right here is protected by Art. 446 of the Code of Civil Procedure of the Russian Federation, which says that in the absence of other suitable housing, it is prohibited to foreclose on the only housing, and a person cannot be evicted to a hostel or social housing. Bailiffs have the right to arrest, describe, and then sell at auction any property in the debtor's apartment, and belonging to him personally.

Eviction from a municipal apartment - the possibility of eviction from municipal housing, provided for by Art. 90 LCD RF under the following circumstances:

• the debt for housing and communal services is more than six months, and the reason for the lack of payment is not valid (loss of job, serious illness requiring treatment costs, loss of a close relative (burial costs), compensation for material damage according to executive documents);
• provision of other housing on social rent that meets the requirements for living in terms of area and sanitary standards.
• the responsible tenant (with whom the contract was concluded), as well as his family members, are subject to eviction.

Eviction from the hostel - the contract of employment, according to which the citizen lives in the hostel, is signed for a certain period (for the period of work, study, service). The owner of the hostel can be an organization, a municipality. The rights and obligations of the employer under such an agreement coincide with the social lease agreement. Therefore, the landlord has the right to evict the debtor for debts that have arisen more than six months in advance (clause 1 of part 4 of article 83 of the RF LC), without providing other housing, and after a court decision.

Joint and several liability for utility bills

How to collect debts from citizens living with the owner or responsible employer, under a lease or social rent agreement? If it is impossible to pay for the communal apartment by the tenant (owner), the plaintiff (representative of the resource supplying organization) has the right to collect the debt from any of the capable persons living with him. This is called joint responsibility.

Responsibility is provided for all persons:

• If the apartment is owned - if the owner of the apartment cannot or does not want to voluntarily pay off the debt with his own funds, the law obliges other capable family members living with the owner (spouse, children, parents, other persons settled in the premises with the consent of the owner) to pay off the debt. 31 LCD RF.
• If the apartment is in shared ownership - the obligation to pay can be assigned to each owner separately, by dividing personal accounts and concluding contracts for maintenance and repairs for each owner.
• If the dwelling is occupied by persons under a lease agreement - the family members of the tenant are subject to similar obligations to pay for the use of services, that is, joint liability under the terms of the lease agreement. At the same time, persons living together with the employer must be indicated at the conclusion of the contract (Article 69 of the LC RF).

Limitation period for utility debt

As a general rule, the limitation period allowed for debt collection for housing and communal services is three years... Judicial practice shows that such claims are satisfied by the court, and the bailiffs, by their actions, can darken the life of the debtor for an even longer period. Therefore, it is better to pay debts immediately than to accumulate them.

If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if there is a detailed answer to such a question, then your question will not be published.

5/5 (2)

What is enshrined in the legislation

Buying an apartment on the secondary market is not uncommon. Often new tenants are faced with the problem of non-payment of utilities by the old owners. In this case, in accordance with the current Russian legislation, there is a special procedure for the collection of funds by utilities. However, in any case, the new owners are not obliged to pay on other people's debts.

When buying an apartment, you need to pay attention to the information about the availability of debt for utilities. You can view it in the ZhEK. If there are debts, it is necessary to take from the seller a written commitment to repay them within a certain period.

Attention! It should be noted that the law is completely on the side of the new owners. Article 153 of the Housing Code of the Russian Federation protects the rights of owners who find themselves in a similar situation.

There are situations when citizens, believing the seller's word, buy real estate with debts without having a paper on debt repayment.

In this case, you will have to prove your case in court. The supplier company will not independently figure out who is obliged to pay the debt, but will send a written notice of its existence to your address. This approach to solving the problem is not legal.

In accordance with the Housing Code of the Russian Federation, the obligations to pay for the use of utilities for the new owner arise from the moment of the conclusion of the purchase and sale agreement, lease agreement, social employment agreement. Contracts are drawn up in writing and signed by both parties to the transaction.

All debts that existed before the date specified in the paper do not belong to the new owner. He is not required to deposit funds. In addition, the supplying companies do not have the right to terminate the supply of the service if the new owner regularly pays for it from the moment the obligation arises.

Important! The debt for the overhaul of the old owner will have to be paid by the new owner.

This rule is due to the fact that in the future, the current owner of the property, and not the one who sold the apartment, will use the ongoing major repairs.

To avoid problems with the law, it is recommended that when buying a house, open a new utility bill in your name. The debts will remain on the old account and will belong to the former owner. In this case, the supplying company will not have any claims against you.

An alternative option is to conclude a sale and purchase agreement specifying the obligation to pay the debt. In this case, in a court held on the initiative of the supplier organization, you present a document, the judge will remove the obligation to pay the debt.

In the sales contract, it is necessary to record the readings of all meters. Ideally, you can invite a housing office employee to draw up an act.

Such rules apply not only to payments for utilities, but also to telephone communications and the Internet. It should be noted that the new owner, within two months from the date of the conclusion of the contract, must come to the supplier and write an application to change the client.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.

How to find out about debts in housing and communal services

This can be done in several ways:

• via the Internet on the websites of the supplying companies. A very handy feature. The buyer needs to know the entire address of the apartment, after filling out the form, the system will give all the information of interest. Unfortunately, not all organizations are launching such services;
• management companies have their own sites. Each owner starts his own account there, in which he can pay for services. The buyer will need to take data from him, enter and view the information of interest;
• banks can also provide information on the presence of debt. When filling out the form for payment, the service provides information on the required amount to be paid. This can be done in any bank branch or in the user's personal account;
• there are ATMs that display information about the amount payable. If the total amount of funds is high, it means that there is an outstanding debt;
• in the real estate management center. Here you can find all the information about paying utility bills, information about the owner, as well as who is responsible for paying contributions. Unfortunately, such centers exist exclusively in large cities, for example, in Moscow, St. Petersburg.

In similar ways, you can pay the existing debt if the new owner wishes. It is not important for the supplying companies who will pay off the debt. The main thing is its complete elimination. If you have a personal account, it is not difficult to find out about the debt and pay it.

To do this, you should contact:

• to an employee of the Russian post office (he will enter the account number and tell you how much is due);
• to the terminal for paying for utilities (after entering the account, information is displayed about the presence of debt, and in what period it was formed);
• to a bank employee who accepts payments for utilities;
• to an employee of the service provider in person or by phone.

Having a personal account number on hand, you can find out not only about the presence and amount of debt, but also about the time of its formation.

Penalties and fines are charged daily for the amount of debt on payment of utilities, therefore, the information displayed on the Internet may differ from the real one. The exact data can only be obtained from an employee of the supplier company.

What to do if you bought an apartment with utility bills in arrears

If you find out that you are in arrears for utility bills, you need to defend your rights. The delivery company will not figure out who is obliged to pay the debt, but will continue to collect it from you. However, the legislation of the Russian Federation is on the side of the new owner. But you need to protect your own rights yourself.

Remember! You can get rid of other people's debts by following the established procedure:

• require the seller to provide a certificate of the presence or absence of utility bills. If he refuses to present it, you can independently contact the management company and find out the information of interest;
• if a debt is found, it is necessary to require the seller to write a commitment, which reflects the amount and terms of repayment of the debt;
• then you should contact the management company, the housing office or each of the supplying organizations personally to renegotiate the contract for the supply of services, that is, to change the subscriber. In this case, a sales contract is attached. The date of his conclusion is the moment when the obligation arose;
• if the old owner does not pay the amount of the debt, you can go to court.

The provider organization has no right to stop providing services in the presence of someone else's debt. Contact the previous owners. It is possible that they will voluntarily fulfill their obligations to pay the debt.

What to do if the Criminal Code requires payment of debts from the new owner of the living space

It's not a secret for anyone that management companies and homeowners' associations do not understand the intricacies of the law and require payment of debt from new owners. However, this is illegal. The Housing Code of the Russian Federation states that the debt is assigned not to the apartment, but to the owner. After all, the supplier enters into a contract with a person.

The person is obliged to pay the fee on time. However, few people care about this. As a rule, in the presence of debt, management companies go to court. Notification of the appointment of the meeting comes to the name of the new owner. It is important to come to the trial on time, otherwise the whole debt will be hung on you.

In the course of the case, you need to present a purchase and sale agreement, which reflects the date of occurrence of obligations, that is, the purchase of an apartment. The court will decide in your favor. Nobody else can disturb you. If there is a debt from the old owner, you must follow the established procedure.

Applying to the Criminal Code

Important! Contact the employees of the management company with notification of the change of ownership. The sooner you do this, the less risk you will be charged with debt.

In addition, it will help to avoid interruption in the supply of services. It is important to notify the Criminal Code of the presence of someone else's debt.

You must have a sales contract, an extract from the USRN, a copy of your passport. A new contract will be signed with you.

ATTENTION! Look at the completed form of notification in the Criminal Code of the change of ownership:

Claim to the Criminal Code

If the employees of the management company still require payment of the debt from the new owner, it is necessary to write a claim addressed to the manager.

It is considered within thirty days from the date of registration.

The application is drawn up in two copies.

One goes to the Criminal Code, the second remains with the owner with a mark of acceptance.

If the employees of the Criminal Code refuse to accept the request, it is sent by registered mail with notification.

ATTENTION! Look at the completed sample claim to the Criminal Code for utility debts of the previous owner:

Contacting the Housing Inspectorate

If the Criminal Code did not respond to the complaint in any way, you can file a complaint with the Housing Inspectorate of your area. She will consider the application within 30 days from the date of registration and conduct an audit against the Criminal Code.

If deficiencies are found, the employees of the housing inspection will demand that they be eliminated within the period established by law. You will be notified of the results in writing.

ATTENTION! Look at the completed application form for the housing inspectorate:

Real estate agent complaint

In the event that a sale and purchase transaction was carried out using the help of real estate agencies, you should write a complaint against its employee who did not notify about the presence of debt.

This will not lead to the elimination of the debt, but the perpetrator will be punished.

It is possible that the company will pay you moral compensation.

Legal action

If the Management Company does not comply with the requirements of the housing inspection, you should go to court.

ATTENTION! View the completed Real Estate Claim Form:

Watch the video. What to do if you bought an apartment with debts:

What threatens the debt for utilities

The debt on utility bills hanging on the apartment can go to the new owner. However, this is illegal. The employees of the Criminal Code do not delve into the intricacies of the legislation and are trying to collect the debt using possible methods from the new owners. In order to achieve the goal, they stop supplying the service.

Attention! To avoid problems, the Criminal Code should be notified of the change of ownership as early as possible and a new agreement should be concluded. If this is not done, the supplying organization will sue. If all the documents are in order, then it is not difficult to solve the problem. The claim will be denied.

However, if inconsistencies appear, then the debt will be hung on the new owner. In addition, the collection system in Russia is poorly developed, so the debt can last for several years.

Remember that no one has the right to demand the repayment of someone else's debt, as well as to stop the provision of services based on it. Otherwise, the actions of the employees of the Criminal Code amount to extortion.

Is it possible to ban a deal if there is a debt

In Russia, a situation has developed when apartment owners are reluctant to pay off utilities. This is due to the low income of the population. The Russian government has repeatedly submitted a bill for consideration, according to which real estate is banned from sale if a debt is assigned to it. Only after its redemption can the premises be disposed of at their own discretion.

It was assumed that such an approach would stimulate citizens to pay off the communal apartment. However, the law was not passed due to its low efficiency. After all, if the owner does not have the funds to pay the fee, then the debt will only increase, and the possibility of repayment will not appear.

The bill directly contradicts constitutional human rights. After all, ownership implies full ownership of real estate. First of all, the Civil Code of the Russian Federation stands up to protect the rights of owners.

However, the project can be implemented without adopting new laws, but by introducing amendments. It is necessary to oblige sellers when selling real estate to present a certificate of absence or presence of debt. This will help to avoid conflict situations and will allow you to receive payment for services before the transfer of ownership of the apartment.

It is important to note that now the sale of an apartment with debt is not a violation of rights, since the debt is assigned not to the premises, but to the subscriber. It becomes difficult to find it only after the transfer of ownership.

Please note! The buyer has the right to independently pay off the debt. However, few would agree to this.

Amount repayment agreement

When selling an apartment with a debt for public services, you must follow the established procedure in order to avoid problems with the law.

First of all, you need to notify the buyer about the debt. The seller agrees with the buyer in advance about the possibility of deferring the fulfillment of obligations, which is drawn up in writing and reflected in the sales contract.

Now the practice is to sell real estate with debts without repayment. In this case, the cost of the premises is much lower than the market value. In this case, it is necessary to demand from the buyer an obligation, which reflects the desire to pay the debt.

Remember! Several points should be reflected:

• date of signing the sales contract;
• information about the seller and the buyer;
• date of debt repayment;
• the amount of debt;
• for what reasons the buyer wants to pay the debt.

If the apartment is sold below market value due to debt, this should be reflected in the buyer's commitment, as well as in the purchase agreement. For example, write the line "The buyer undertakes to pay the debt for utilities due to the decrease in the cost of the apartment by N amount of rubles."

The obligation must be certified by a notary. Otherwise, it has no legal effect.

If the buyer is unwilling to pay the seller's debt, and the second does not currently have the funds, there is a way out. The seller writes a paper in which he undertakes to pay off the entire amount of the debt in due time.

Documents for registration of the transaction

To complete a sale and purchase transaction for any apartment, you must prepare a package of documents.

• real estate owner's passport;
• an extract from the Russian State Register, USRN;
• a certificate of the presence of registered persons in the apartment (at the time of sale, there should not be a single person in it, especially children under 14 years old and disabled citizens);
• certificate of registration of property rights;
• a document confirming the payment of the state fee (currently it is 2,000 rubles);
• act of acceptance of the transfer of real estate and funds for it;
• contract of sale.

Important! If the apartment has utility bills in arrears, you will need to provide additional documents:

• obligation to pay the debt in due time;
• certificate from the housing office about the presence and amount of debt;
• an extract or a writ of execution, if a court decision has been made with respect to the debt;
• a receipt for voluntary transfer of funds if the seller does not want to make the payment on his own, but simply reduces the value of the property.

It is better to transfer funds to a bank account. This confirms the actual amount received by the seller.

The seller is not obliged to pay the debt for major repairs.

The existing legislation on almost all points is on the side of the new tenants. But there are controversial issues, in particular, concerning whether debts on utility bills are transferred to the new owner. The situation should be considered from the side of the regulatory legal acts existing in 2018.

What the law says

According to paragraph 3 of Article 30 of the RF LC, the owner of an apartment (house, any other premises) must be responsible for its (his) maintenance. Article 153 of the same Code determined that the owner is obliged to timely pay for the communal apartment, which includes: rent, overhaul, gas, electricity (electricity), water, etc.

In turn, Article 223 of the Civil Code determined that the property right arises when the previous owner transferred it to the current one. The transfer can be carried out by selling, donating, etc. It turns out that buying an apartment with debts for utility bills does not oblige the new owner to pay off the debts of previous tenants. Since the right of ownership arises at the time of transfer of property, it means that the responsibility to pay the debts of housing and communal services arises at the same time.

But at the same time, paragraph 3 of Article 158 of the RF LC determined that the obligation to pay for overhaul rests with all, without exception, the tenants of the house, and when the transition of the living space from one owner to another is made, the debt for overhaul will also be transferred.

It will also be useful to find out whether the new owner is obliged to pay old debts for utilities. Summarizing the above, we note that the obligation to pay for major repairs is transferred to the new owner, he has nothing to do with unpaid housing and communal services. Thus, determining who pays debts for utility and other payments when buying an apartment, we can conclude that this obligation remains with the previous owner. The fact that he was able to sell real estate with debt in no way relieves him of the need to pay off housing and communal services, since housing and communal services are tied not to a residential building, but to its owner.

When buying an apartment with debts for utilities, the obligation to pay them remains with the previous owner

How to check an apartment before a deal

Before buying a dwelling, you need to make sure of its "cleanliness" yourself. Even using the services of real estate agencies does not guarantee the buyer the purchase of a problem-free home, since the owner could have withheld this information from them. The only thing, in accordance with the law on the protection of consumer rights, the injured party can file a claim against the realtor for compensation for damage due to poor quality services.

Before purchasing an apartment, you should contact the management company and find out if the previous owner has a debt. First of all, the new owner should be interested in information about the overhaul debt. It is also necessary to clarify whether the apartment is in a mortgage, since such a transaction may subsequently be invalidated, because of which the citizen risks losing his money.

Is it possible to negotiate with the seller and how to conclude a contract

If before buying an apartment it is already known that the previous owner has unpaid housing and communal services, you can do it in two ways:

1. Pay old debts on your own, having obtained an agreement with the owner on a discount on an apartment equal to the total amount of the debt. At the same time, according to article 391 of the Civil Code of the Russian Federation, a clause on the assignment of debt must be included in the purchase and sale agreement (gift). If such an item is not reflected, the new owner will not have an obligation to pay off existing debts.
2. Agree that the debtor will independently pay the obligations he has after he receives the money for the apartment from the buyer. In this case, a clause should be included in the sale and purchase agreement that all existing debts remain with the previous owner, and he also undertakes to pay them. In this case, the agreement must reflect the readings of all available meters.

If for a long time the previous owner does not fulfill the obligations assumed, legal proceedings may be initiated against him.

In any of the cases, when changing the owner and drawing up an agreement in the housing and communal services, you should take a certificate of the existing debt.

A correctly drawn up sales contract will save you from possible problems

What to do if you bought an apartment with debts for utility or other payments

The practice is that utilities often try to ascribe existing debts for housing and communal services to new owners, referring to the fact that services are tied to the apartment, and not to the owner. This is fundamentally wrong, even if the previous owner of the apartment was a close relative, the new owner is not responsible for his debt. In order not to get into an unpleasant situation, you must:

1. When obtaining ownership, send a request to the HOA (management company, housing and communal services) to provide a new personal account for utilities. At the same time, it is necessary to provide current meter readings in order to prevent the attribution of old debt to new tenants.
2. If the housing and communal services refuse to change the personal account for a house (apartment), you need to remind them about Article 153 of the Housing Code of the Russian Federation, which states that the obligation to pay utility bills falls on the owner at the moment when the residential premises pass into his possession.
3. If this does not help, you need to send a statement to the head of the organization, setting out the essence of the problem and attaching extracts from Article 153 of the Housing Code of the Russian Federation and Art. 223 of the Civil Code of the Russian Federation. Also, it would be correct to attach a copy of the ownership transfer agreement (deed of gift, deed of purchase and sale), confirming the date of taking over. The application should be printed in 2 copies.
4. If the head of the organization also refused, you need to contact the prosecutor's office, drawing up a statement in the same way as in the previous time.

Thus, if it is necessary to collect debts from the old owner, housing and communal services must file a lawsuit in order to oblige the previous owner to make a payment. According to the law, new tenants must pay only for existing debts for major repairs of the house, nothing more.

From the video you can learn about the transfer of debts for an apartment to the new owner:

Attention! Due to the latest changes in legislation, the legal information in this article may become out of date!

Our lawyer can advise you for free - write a question in the form below:

Free consultation with a lawyer

Request a call back

Still have questions?