There is a lot of debate about blocking the sewer system for debtors - whether this method of collecting debt to the management company is legal or not.
According to Russian legislation, in particular, Art. 153 of the Housing Code of the Russian Federation (LC RF), all individuals and legal entities are required to pay for utilities. If there is a debt, the management company (MC) can either file a lawsuit or turn off the utility service that has become a “stumbling block” (however, this rule does not apply to heating and cold water supply).
And since the first method involves quite significant waste, not only financial, but also temporary, management and housing and communal services workers resort to installing so-called plugs. Read below about whether such a fight against debtors is legal.
Consequences of having debt to pay for housing and communal services
When debts arise for utility services, various consequences can occur. Among them are:
- accrual of penalties;
- seizure of property;
- restrictions on the disposal of real estate;
- introduction of a ban on travel outside the country;
- forced eviction of the debtor.
Pernicious violators face legal action.
Find out in more detail what the consequences of debt on utility bills are.
In what ways do they influence
Management companies have ample opportunities to influence debtors. But they should not go beyond the legal framework. Therefore, they mainly use methods of persuasion and moral influence.
To shame careless residents, it is allowed to post lists of debtors on porches and notice boards. To comply with the law on non-disclosure of personal data, you can not write the full name of the owners, limiting yourself to the apartment number.
It is not allowed to send lists of debtors to the employer with a request to convince the employee of the need to pay the debt. The agreement on utility services between the homeowner and the RSO or management company is of a private law nature. The employer has nothing to do with this, and the disclosure of private facts can be appealed.
Another measure is letters demanding payment of the debt. It also lists the negative consequences and additional costs of litigation.
ADVICE! It is more profitable to peacefully agree on an installment payment than to pay legal costs and pay half the salary under a writ of execution.
Can utility workers turn off the sewer system?
Many citizens are interested in whether sewerage can be blocked for debts. The thing is that in the current version the direct ban on turning off the sewer system has been abolished. In this regard, management companies (MCs) that collect payments are now threatening defaulters with suspension of the resource supply.
It states that the only way to influence malicious debtors and non-payers of housing and communal services is to limit or suspend water drainage and water supply.
At the same time, in search of an answer to the question of whether housing and communal services can turn off sewerage, it is worth considering that the above-mentioned resolution contains an important condition, according to which the suspension of any type of utility services should not:
- damage the common property of residents of an apartment building;
- violate the rights of other owners, including the suitability of residential premises.
Therefore, if a consumer doubts whether the sewerage system in the house was legally turned off, you can go to court to stop interfering with the sanitary and technical condition of the apartment building equipment.
Installation of a sewer trap
When connecting the sewer system, former debtors can agree with the craftsmen to install a special trap for blockages from the upper floors. A drain trap prevents your toilet from becoming clogged and causing problems associated with it .
Unfortunately, residents of apartments in a multi-story building often throw large garbage down the drain. On the lower floors, this debris clogs the sewer pipes. To prevent this from happening, you should use such a great invention as a sewer trap.
Sewer shutdown procedure
The management company cannot turn off the sewer system for a single failure to pay utility bills. In addition, she must warn the debtor about such an intention.
Restriction of water disposal without a court decision can be made no earlier than twenty days after delivery of a written warning, if the defaulter does not repay the debt before this time.
If the debtor does not take any action to pay the bills, the management company has the right to limit or suspend drainage.
In accordance with clause 119 of the “Rules for the provision of utility services...”, approved by Decree of the Government of the Russian Federation dated 05/06/11 No. 354, the contractor, in the event of absence or incomplete payment by the consumer for a utility service, has the right, after a written warning (notification), to limit or suspend its provision in the following order:
- send a warning (notification) to the consumer-debtor that in case of failure to repay the debt for payment of utility services within 20 days, the provision of such services may be first limited and then suspended (if there is no technical possibility, the restrictions may be suspended without it). The warning (notification) must be delivered to the debtor against signature or sent by registered mail (with acknowledgment of receipt) or included in the payment document for utilities the text of the corresponding warning (notification) or in another way;
- If the consumer fails to repay the debt within the period established in the notification, the contractor introduces a restriction on the provision of utility services (if technically possible);
- If the debt is not repaid after 10 days from the date of introduction of the restriction, the contractor may suspend the provision of utility services, with the exception of heating, and in apartment buildings, also with the exception of cold water supply. If it is not technically possible to introduce a restriction, then suspension is possible immediately after the expiration of the period specified in the notification.
Since the legislation does not separately stipulate at what amount of debt the sewer plugs are installed, this allows the management company to determine the monetary value independently.
Best answers
Khoja Nasreddin:
The court's decision is the head of everything...
Mila-Ya 39rus on RyXika:
the bailiff has enforcement proceedings
Babette ****:
I don't know the law. But in my opinion, the right of a service provider whose services have been used for so long and blatantly not paid is enough.
moli:
well, this is a local initiative... but in general, only by the court.... It’s just that they make it easier for you, otherwise it will exceed 50 tons, and the amount is already too heavy
Veniamin Vitaminovich:
bullshit, never heard of that. But how? Spread out the joints and plug them with a rag or plugs? Well, she then sticks it back and damn herself
Dmitry 3D:
You must be formally notified at least 20 days in advance and again 3 days in advance. If this did not happen, and the sewerage system was blocked, you can complain to the utility workers.
Bully:
are they doing the right thing, or do you want your neighbors to pay?
sadness:
Pay, Katyunya, otherwise you’ll go out and shit on the street.
Alexey Lurie:
Shut off the sewer?))) How is that? Just wondering how it will physically look)))) Is this a joke?)))
By the tribunal's decision. Without the permission of the owner of the premises, only the police or the bailiff service can break into it. In this case, the police have no right to break in, and bailiffs can only come with a court decision. The court may oblige the debtor to pay, and in case of failure to comply with the court decision, the bailiffs will come to seize the property. But I doubt that even our senile court would decide to block a person’s shit))))
La Nochka:
Let him pay 1 thousand rubles.
Can't find a light?:
In churches, the toilet is free.
Vladimir Petrov:
Representatives of the housing office come to you, warn you about the debt, and then turn off the sewer from the attic through the riser. No court order needed
Alexei:
Notification must be 10 days (working days), two weeks. With reference to the service agreement.
They will install a rubber hedgehog from the attic. Bullshit, he’ll throw off the corrugation and pull it out with a hook.
But you will have to pay.
Sewer blocking procedure
Perhaps someone is interested in learning more about how sewers are blocked for debts. First of all, the specialist determines where the central drainage riser is located in the house. He inserts a plug into it and advances it to the problem apartment. After this, a special outlet is installed, with the help of which the problem area is cut off.
At the same time, the central riser remains open. This makes it possible to install a block that does not interfere with drainage from other rooms in the house, but isolates only the apartment whose residents have accumulated debts.
Many debtors would like to find out whether they have the right to put a cap on the sewer when they owe a debt on utility bills. If we look at the legal norms, it becomes clear that such a procedure is completely legal.
In this situation, an agreement is drawn up to limit water drainage by installing a plug. The management company may not even resort to legal proceedings, since this is not necessary. She has the right to put a cap on the sewer without a court decision.
Conclusion
From this article, you learned about sewer riser blocking systems that utility companies use to “fight” non-payments. With their help, it is possible to almost 100% block the exit of fecal matter from the apartment, creating abnormal living conditions for the debtor.
Unauthorized unblocking of plugs can lead to even greater negative consequences, of which the defaulter is warned in advance.
The video in this article will help you find additional information on this topic.
What to do if the drainage system is blocked
Any management company is ready to accommodate a citizen before suspending water supply if he intends to pay off the debt. For example, the parties may agree to pay the accumulated amount in stages by concluding a restructuring agreement.
If for some reason it was not possible to reach an agreement and the service has already been suspended, you need to know what to do if the sewer system is blocked for debt.
You should not remove the plug yourself using technical tools, as this can lead to flooding of your neighbors.
In addition, such actions can be qualified as an administrative offense, and sometimes even fall under the law.
The only correct course of action in this case would be to pay off the debt.
Find out in more detail how debt restructuring for housing and communal services occurs.
Does the management company have the right to put plugs on the sewer?
- Lawyer, St. Petersburg Chat Thus, it is not enough that they won the court and the collection is withheld from the husband’s salary - it is necessary to wait until the debt is liquidated, or pay it off voluntarily, asking the collector to withdraw the writ of execution. August 23, 2021, 00:33 Was the lawyer’s response helpful? + 0 — 0 Collapse Client clarification there is no money to pay voluntarily, we did not live in the apartment and did not use public services. We have 9,000 left to live on, and small children.
Few people are involved in charity in our country, especially when it comes to the uninterrupted operation of the sewerage system. Maintaining this system is difficult and expensive, and no one likes to work for free. It works like this:
LJ Magazine
As follows from the case materials, the owner of the apartment has accumulated a serious debt to pay for utilities. There is a dispute regarding its exact size between the owner of the apartment and the management company, but the figures are about 200 thousand rubles.
The toilet is filled to the brim with sewage, the smell spreads to neighboring apartments. She believes that the defendant unlawfully prevents and restricts her, as the owner, from using the residential premises that belong to her; she cannot use the washing machine... The court of first instance rejected the plaintiff’s claims, recognizing that the utility workers had the right to install a plug. However, the appeal court did not agree with this opinion. According to the judge, the utility workers thus made the apartment uninhabitable. And this is already a violation of the law.
At what amount of debt in Miass do they put plugs on the debtors’ sewer lines?
If you do not find the information you need on this page, try using the site search: Recently, a special practice of influencing persistent defaulters of utility bills has begun to spread among management companies. It consists of installing a barrier to the sewer pipe. which is located in the apartment.
- Utility service providers demand payment from representatives of management companies;
- They, in turn, “knock out” money from consumers;
- If this cannot be done, a plug is installed, and the company pays the debt, demanding a refund from the user.
