Brother does not pay the apartment what to do. What if one owner does not pay utility bills? The consequences of non-payment for owners

09.12.2019

No. 151095 Rita St. Petersburg

Hello. I have such a situation. Me and two other people became guarantors for one borrower. Term - until 2012. As it turned out, the borrower does not pay the loan. Moreover, he has a regular ...

Hello. I have such a situation. Me and two other people became guarantors for one borrower. Term - until 2012. As it turned out, the borrower does not pay the loan. Moreover, he has a regular salary. I received a letter that I should pay off his debt of 11 thousand rubles (and the rest of the guarantors also 11 thousand each). I paid them. Please tell me, can I go to court so that the loan is read from the borrower's salary ?? And can I now sue (without waiting for 2012) the borrower to repay my money ??

One more question. if I am not able to pay his loan, can the bailiffs describe my property? I have now formalized everything that is valuable in the house as a gift agreement to my daughter (she is 22 years old). Do they have the right to describe her property already ???

Tell me, please, how to make a borrower pay for a loan ???

With her husband divorced, two children. He does not pay alimony, there is no place to live, I want to take a mortgage loan. How to make him pay? There are alimony funds, but I don’t know where to turn ... Tell me how to be! Natalia, 31 years old

Hello dear lawyers, I have this question: in the apartment (living space 39sq.m (9sq.m., 17 + 13sq.m.)) I (1969), brother (1966) and father (1946) are registered disabled person 2g. for general diseases). The father does not support family relations with us and does not live in the apartment. And in his room (9 sq. m.) his wife and daughter live from their first marriage (43 years). They refuse to pay the rent and utility bills and also repairs and unforeseen breakdowns in public areas (bath, WC, etc.) What measures can be taken in this situation? How to make them pay? And is it possible to resettle them? be forcibly? Please tell me what are our next steps? Personal account to share we were refused, soslvshis that his room tlko 9kv.m.Zaranee spaibo for the answer!

I have a question for the next plan! There is a three-room privatized apartment - 4 people are registered there - mother (sole owner), I - her daughter, my sister and grandmother! Mom went to live abroad in the Czech Republic, my grandmother does not live in the city, she lives in the country! In fact, my sister and I live in the apartment - utility bills come for the two of us, but the sister refuses to pay half the payments (rent, phone, electricity, gas, property tax). The question is whether it is possible to officially force a sister to pay her half, and if she does not pay, she will be discharged from the apartment!

Quite often, you may encounter a situation where those registered do not pay for the apartment. Each of them will find its own reason, but this will not exempt from the accumulation of debt and the need to repay it. In what situations a registered citizen may not legally pay for the apartment, and also what will happen for non-payment of services, we will discuss further.

Why registered citizens refuse to pay utility bills

An important point in determining the answer to the question of who should pay for the apartment is the ownership of real estate. If it belongs to the municipality, registered citizens must pay, based on the terms of the employment contract. The opposite situation is a privatized apartment. The owner must pay for it, not the registered citizen. You can only make him pay utility bills by signing an agreement.

Registration in the apartment is only a fact of registration of a citizen at the place of residence. To live in an apartment, he is not obliged. This is the main reason for non-payment of rent. The fact is that in fact, a citizen can live in another real estate, having forgotten about the performance of his duties. If close relatives are registered in the apartment, then as a rule they are the ones who pay for all services without requiring money from the deadbeat.

Example. The Sidorov family consists of four people: two spouses, a retirement age, a minor daughter living with them and a son who created his family and lives separately, but is registered with his parents. The apartment is privatized, i.e. each family member has a share. Despite the fact that the son is also the owner, parents pay utility bills for his share.

However, there are controversial situations where citizens cannot share payments among themselves, while one of the parties refuses them. Basically, this happens between former spouses, brothers and sisters. In most cases, the problem lies in the fact that only one side lives in the apartment, while making the second pay.

Example. Smirnov's brother and sister inherited a two-room apartment from their parents. The right of ownership between them is divided equally. My sister lives in the apartment, while my brother is in another city. Despite this fact, a woman demands payment of utilities from him.

In fact, whatever the reason, a citizen registered in municipal or own housing is obliged to pay for the apartment without even living in it. Another question is whether all services should be paid. We will discuss this a bit below.

For what utilities should the person registered in the apartment pay?

A citizen registered and living in his own or municipal apartment is required to pay absolutely all utilities:

Cold and hot water supply.
Gas supply.

If the apartment has individual metering devices, while the citizen does not live in it, he is not obliged to pay. However, it is necessary to prove the fact of non-use of the premises. It may be necessary to do this in court.

An exception for payment by meters is the rent. It is calculated based on the total area of \u200b\u200bthe apartment, but can be divided between registered citizens.

If there are no meters, payment is based on the number of citizens registered in the apartment. In this case, the regional standard for each person will be taken into account. In such a situation, a registered citizen will have to pay for services or write out, avoiding their further accrual.

Thus, it is possible to give a clear answer to the question: should the one registered in the apartment pay for utilities in a municipal or privatized apartment. Yes, this responsibility is assigned to him.

The size of the fee depends on the number of citizens registered in the apartment. Roughly speaking, the amount of receipts must be divided by all tenants.

As for minors registered, parents pay utility bills for them. It is impossible to refuse payments legally. If there are no meters in the apartment, then the full standard will be charged for the registered child, even if he was just born and cannot use the monthly rate to the full.

If no one is registered in the apartment, how to pay for utilities

An interesting, from a legal point of view, situation occurs when no one is registered in a municipal or privatized apartment. In fact, owners can be registered at a different address. How to pay in this case?

If the apartment has electricity, gas and water meters installed, while the monthly consumption of resources is zero, there is no need to pay for them. However, you should visit the service provider's office in advance and warn that no one lives in real estate. This ensures that there are no problems with taking readings and charging according to average data.

In the event that there is no meter for any resource, while there are no registered citizens in the apartment, you will have to pay for one person according to the standard. The actual presence of tenants does not matter here. It is not possible to reduce payment to zero.

Example . Kozlova A.I. owns a one-room apartment in which no one is registered. Payment for light and gas is carried out according to the meters, water - to the standard. Every month a citizen must pay in full receipts for rent, overhaul, heating and water supply.

Despite the absence of citizens registered in the apartment, payment for heating, overhaul and rent must be fully implemented. It does not matter whether someone lives in it or not. These services are calculated based on the total area of \u200b\u200bthe room. It is impossible to refuse them.

How not to pay for a person registered but not living in the apartment

If the tenants of the apartment do not want to pay for a registered, but not resident citizen, they should split personal accounts. However, it is possible to do this only on condition that registered is one of the owners of the apartment.

Owners of privatized housing, in case of consent to the separation of personal accounts, must:

Get documents at Rosreestr indicating the share of each owner.
He will contact the management company with a statement and title documents for each share.

After receiving the documents, a share of each owner will be assigned a personal account. In the future, separate receipts come, which the owner must pay.

If one of the owners does not want to share a personal account, the second party has the right to sue. At the same time, it is possible that a decision will be made not only in favor of the separation of accounts, but also the allocation of shares. That is, restrictions on the use of part of the apartment belonging to another owner. Simply put, one of the owners can close the room, considering it his personal possessions.

A personal account can be divided only in a privatized apartment and between owners. If a citizen is simply registered, it is impossible to do this. The solution here will be forced discharge from the apartment through the court.

Who should pay for a privatized apartment: owner or registered citizen

According to the current legislation, the owner of the real estate is obligated to pay utility bills, and not the persons registered in it. So, an apartment can belong to one person, but a completely different person lives in it, who refuses to pay. In such a situation, when considering a case for collecting debts in court, it is the landlord who will be the defendant. For his part, he can try to force him to pay the debt of a registered citizen and demand his discharge in court.

Example. Slepchuk I. L. - owner of a three-room apartment. The woman lives with her family in another region, so she registered her brother and family in real estate. A few years later, Slepchuk received notice of the start of the trial. It turned out that for all the years of living in the apartment, the brother did not pay utility bills. In court, a woman was forced to pay the full amount of the debt.

Such things are quite complicated. The court decisions on them are unpredictable. The owner must file a lawsuit for small amounts, up to 100 thousand rubles, to the magistrate court. Proof of residence of a registered person in the apartment must be attached to it.

What happens if a registered person does not pay for an apartment

The consequences of non-payment largely depend on the type of ownership. If the apartment is municipal, i.e. not privatized, payment for services falls entirely on the shoulders of citizens registered in it.

In case of refusal of payments, they may face:

The appointment of fines.
Accrual of interest.
Disconnection from services.
Arrest of bank accounts and property.

The most severe punishment for debtors will be eviction. The municipality has the right to force citizens to move out of the apartment by setting a time frame. At the same time, they will try to recover the debt in court.

With privatized apartments, things are a little more complicated. As mentioned above, the owner is responsible for them. The penalties described above are also applicable to him. At the same time, he himself has the right to request evictions of residents and their discharge from the apartment.

Conclusion

What if registered citizens do not pay for an apartment? It is impossible to give an unambiguous answer to this question, since it depends on a number of individual factors. A huge role in solving the problem is played by the ownership of real estate. If a registered citizen owns a share, he is obliged to pay utility bills. Otherwise, it will be difficult to collect debts from him. Residents registered in a municipal apartment cannot legally refuse to pay utility bills. In the presence of a large debt, they face forced eviction. The solution of any issue is possible in court.

(10 ratings, average: 5,00 out of 5)

1. The situation is such we live in the same apartment with my grandmother, brother and parents. 3 years, parents do not pay for housing and communal services debt is growing. We pay our share with my grandmother. How to be where to turn without housing do not want to stay.

1.1. You need to go to court to discharge your parents, since the debt goes to the apartment, and so even though the grandmother pays her share, the debt does not grow on the parents, but on the apartment. Therefore, they must be written out. To reduce the cvar fee and eliminate the debt.

1.2. You need to prepare a lawsuit for eviction, you can also force the other two to pay a share of communal services in accordance with 31 ZhK.
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2. My brother and I are the heirs of the apartment, he has not lived in it for a long time, should he pay for part of the heating and for his share? Thanks.

2.1. Yes, he is obliged to bear the costs of the communal resource, and other payments - this is expressly provided for in Art. 153 LCD RF.

2.2. Good afternoon!

Will be required to pay after it enters into inheritance rights.

3. Non-privatized apartment. My brother and I are registered there. He lives in it. He does not pay for the apartment, and will not pay. Does not work. I work officially and all bailiffs pay debts from me. Brother lives without documents for several years. Even if you make out an apartment and sell it, he doesn’t agree to this either. That is, he drinks there, and I pay for it. How can I be with him? can i force him out or what.

3.1. Good evening, file a lawsuit against him to recover part of the payment for utilities. You can also get out of this apartment, but at the same time lose your right to an apartment. You can sell part of your apartment, even when hired. It will be very difficult to evict a brother.

3.2. Good afternoon!

You must have a social contract of employment, which sets out the rules for living in municipal housing.

First, go to court to recover 1/2 of your apartment debt from your brother (you are registered and must also pay).

Invite a local policeman several times, fix an asocial way of life.

Only after that the eviction lawsuit.

4. I had a debt for housing and communal services from my brother because he did not pay for the apartment, and now the apartment has died on me, and the debt is 35. 000, and I will fly off on a business trip next week, I am a soldier.

4.1. good afternoon

You can contact the management company and enter into an agreement to pay the debt in installments according to the schedule. Either solve this issue in court, again through a settlement, or by a court making a decision on collecting debts by regular payments made by you according to the schedule and according to your financial situation.

4.2. Hello, in your case you need to pay, since debts pass along with the apartment.

4.3. Have you entered into inheritance rights?
Then you need to either pay the debt, or notify the Criminal Code of the intention to do so.
If you have not entered, then claim your rights and go on a business trip. You will deal with debts after entering the inheritance and returning from a business trip.

4.4. Moving around Russia in the presence of debt is not prohibited. If you travel outside of Russia, then you are obliged to your command to report on the presence of debt at the bailiffs. However, if the Criminal Code has not sued you as an heir, then you still have no debt with the bailiff. See yourself on the FSSP website. The change of the IP participant through the court in accordance with Article 44 of the Code of Civil Procedure of the Russian Federation and without a court ruling, the bailiff will not change the debtor, Article 52 of the Federal Law "On Enforcement Proceedings".

5. How to leave a brother who does not live out of the apartment, does not pay for utilities? I am the sole owner of the apartment?

5.1. Hello, Catherine!
You can write out your brother through the court and recover from him the expenses incurred for utility bills, in proportion to the number of people registered in the apartment.

5.2. Judicially. The main thing is to correctly approach the issue of filing a lawsuit.

5.3. By the tribunal's decision. But you need to look at your documents. Contact help. On our site, we provide assistance. Russia has such a service.

5.4. Please file a lawsuit regarding deregistration.

5.5. Through the court;
Housing Code of the Russian Federation Article 31. Rights and obligations of citizens residing together with the owner in his premises

""1. The family members of the owner of the dwelling include his spouse living with the owner in the dwelling owned by him, as well as the children and parents of the owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are introduced by the owner as members of their family.
"" 2. Family members of the owner of a dwelling have the right to use this dwelling on an equal basis with his owner, unless otherwise provided by agreement between the owner and members of his family. Family members of the owner of the premises are obliged to use this premises for their intended purpose, to ensure its safety.
"" 3. Legally competent and limited by the court in legal capacity members of the family of the owner of the dwelling are jointly and severally liable with the owner for obligations arising from the use of this dwelling, unless otherwise provided by agreement between the owner and members of his family.
(as amended by the Federal Law of 04.24.2008 N 49-ФЗ)
(see text in the previous "edition")
Consultant Plus: note.
Part 4, Art. 31 does not apply to former family members of the owner of the privatized housing who had equal rights with the owner at the time of privatization, unless otherwise provided by law or contract (Federal Law of December 29, 2004 No. 189-FZ).
""4. In the event of termination of family relations with the owner of a dwelling, the right to use this dwelling is not retained by the former family member of the owner of this dwelling, unless otherwise provided by agreement between the owner and the former member of his family. If the former family member of the owner of the premises does not have the grounds for acquiring or exercising the right to use another premises, as well as if the property status of the former member of the family of the owner of the premises and other circumstances noteworthy do not allow him to provide himself with other premises, the right to use the premises belonging to to the specified owner, may be retained by the former member of his family for a certain “period” based on a court decision. In this case, the court has the right to oblige the owner of the premises to provide the former spouse and other members of his family with other premises, in whose favor the owner fulfills maintenance obligations, at their request.
""5. Upon the expiration of the period of use of the premises established by a court decision adopted taking into account the provisions of paragraph 4 of this article, the corresponding right to use the premises of a former member of the owner’s family shall be terminated, unless otherwise provided by agreement between the owner and this former member of his family. Prior to the expiration of this period, the right to use the premises of a former member of the owner’s family shall terminate simultaneously with the termination of the right of ownership to this premises of this owner or, if the circumstances that served as the basis for maintaining such a right have disappeared, based on a court decision.
6. A former member of the owner’s family who uses the premises on the basis of a court decision adopted taking into account the provisions of part 4 of this article has the rights, obligations and responsibilities provided for in parts 2 to 4 of this article.
7. A citizen who uses the premises on the basis of an agreement with the owner of the premises has rights, obligations and responsibilities in accordance with the terms of such an agreement.

5.6. It is necessary to appeal to the court with a claim to recognize him as having terminated the right to use the living space.

5.7. You can judicially recover utility bills for the last 3 years. It is necessary to draw up a statement of claim, attach receipts of payment with your signature there, file it with the court, then go to meetings. You can also for the future divide in court the invoice for payment of utility bills. With proper legal support in court, such cases are considered winning.

5.8. Hello. You can write it out in court.

6. The heir brother does not pay for the apartment interferes with the exchange. We have two objects land and an apartment. Perhaps through the court an exchange of shares. 89772715806

6.1. Alexei, the courts will not be able to force your brother to forcibly exchange an apartment and a land plot. You can either sell your shares in the apartment and land to third parties, or buy them from him.

6.2. Available section hereditary property.
Depending on the interest of the heir in one of the options sectionproperty must be argued, provide the court with evidence of the possibility specific method of division of property

6.3. No, It is Immpossible. The court cannot force the brother to make an exchange, which he does not want.

6.4. Alexei, if these objects are inherited, then under certain circumstances specified in the law, a division in the court is possible even if there is no brother’s consent. To understand whether such an option is possible in your case, you need to know all the details, starting from the opening date of the inheritance.
If you have questions, you will have to call the lawyer yourself at the telephone number indicated under the answer.

7. I have a three bedroom apartment. We are 5 people. My family is 4 people. and brother. For the apartment does not pay. The apartment is bully. Often called the police. Now he is sitting. Get him a criminal case. Planted for 2 years. I want to ask, while he is sitting, I want to write him out of the apartment. Because he does not allow my family to live in peace. Lenam tormented. He is a bully and does everything to evil.

7.1. Hello! You did not indicate who the owner of the apartment or is she in social services? In any case, deregistration of a person without his consent is possible only by court order.

8. Two brothers live in the apartment. The first owner, and the second has a share and he is an alcoholic and does not pay for the rent. Only the owner pays. Is it possible to evict him. Or split accounts? The apartment is privatized. And this alcoholic wants to bring a civilian “wife” deprived of maternal rights.

8.1. 1. bring a civilian “wife” deprived of maternal rights. - will fail, due to the lack of your consent.
Call the police right away.

2. Go to court with a lawsuit to recover half of the payments for the past period (at least 3 years).

8.2. Good afternoon!
If you write that your brother has a share, then he is also the owner, in this case, he cannot be evicted and he can bring anyone there. Of course, you can divide accounts into two different owners and charge them, but I don’t think it’s effective.

9. How to change the personal account from my name to my brother (second owner) if he does not pay for the apartment, only I have since 2003. Now I have debts and the arrest of my social card, where there are children's payments. Now I am waiting for 3 children, there is no opportunity to work, to pay off debt too.
What to do?

9.1. Change the name in the account - this will not solve your problems. You need to share personal bills for utility bills.

10. In the apartment, 3 are registered (Mom, I (daughter 23 years old), mother's sibling) Brother did NOT pay utility bills and as a result, the communal debt, which was shared between all of us and arrested by Cards. The apartment is not privatized. Question: during privatization of the apartment will I transfer my share to my mother, the debts that are now on me for the communal apartment will also go to her? Or will they stay on me?

10.1. Good afternoon. The debt will remain in solidarity (common) for all three. After privatization, you can by agreement or judicially determine the payment for the maintenance of housing and utilities with separate payment documents.

11. Can I write my two brothers out of the apartment if they don’t pay for whom. services? They don’t want to volunteer. If you can, where to start?

11.1. Hello dear visitor of the site, if they are not owners, you can write out in court.

11.2. If the brothers are the owners of the apartment, you will not be able to write them out, but you will be able to split the bills. If the brothers are registered in the apartment, but are not owners, do not live in the apartment, you can recognize them as having lost the right to use the premises by filing a statement of claim with the court at the defendants' last known place of residence.

12. How to make a brother pay for the parents ’apartment in which he lives, but he won’t let me in.

12.1. Hello,
Paying utility bills must force the management company. Payment is made by all citizens registered in the apartment and the owner of the apartment.
I wish you good luck and all the best!

13. My brother and I inherited an apartment, my brother lived in this apartment for three years and did not pay for it, now he has been convicted, this debt hangs on me, since I am registered in this apartment, I can sell my part to pay off debt and what is needed for this?

13.1. The owner is free to dispose of his property.
Warn your brother in writing about the sale and sell in a month if the brother does not intend to buy this property ..
Article 250 of the Civil Code -
2. The seller of the share shall be obliged to notify in writing the remaining participants in the shared ownership of the intention to sell his share to an unauthorized person, indicating the price and other conditions under which it is selling it.

14. The brother does not pay for the apartment.

The brother does not live and does not pay for the apartment. The apartment is municipal. My brother and his son are registered in the apartment. Brother and son do not live in the apartment. He tried to get out of the apartment, the court refused the lawsuit because Found brother's interest in the apartment. It comes to me alone to bear the burden of the apartment on myself. How to make brother pay utility bills?

14.1. Hello, go to court and collect from him the amount of money that he was obliged to pay. The amount of the debt is divided into three, if only you pay, go to court, attach proof of payment and demand that they recover from others in proportion to their debt. You can also try to split the accounts by the way.

14.2. The temporary absence of a tenant of a dwelling under a social contract of employment, any of the members of his family living with him or all of these citizens does not entail a change in their rights and obligations under the social contract of employment. (Article 71 of the LC RF)

If a person is absent constantly in a municipal apartment, does not fulfill duties, then you can try to write him out in a judicial proceeding if there are grounds for that.

To do this, you need to make a statement of claim, file it in court, go to court hearings, prove your position. But such cases are very complex and ambiguous, there are many rejections in claims, so it is best to resolve this issue with the help of a specialist.

15. If a person dies, no one lives in the apartment, do the utilities have the right to charge for the removal of dry garbage "Based on materials from the legal social network www.site ©"

15.1. It is necessary to inform the housing and communal services in writing that no one lives in the apartment and since when, and how do they know about non-living persons? This also applies to utilities.

16. There are 3 owners in the apartment: me, a brother and my daughter.
My brother has not lived for almost 10 years, he does not pay for an apartment.
Now the apartment is for sale, the brother urgently requires money for his share.
Is it possible to write him out and does he lose his share for so many years?

16.1. Hello.
You can’t write it out in any way, just like selling an apartment without his consent. You will not be able to deprive him of his property, so you will have to pay part of the money from the sale.
Good luck.

16.2. Hello! If he has a stake in this apartment, then he does not lose anything.

Article 209. Content of ownership

1. The owner owns the rights to own, use and dispose of his property.
2. The owner has the right, at his discretion, to take any actions with respect to his property that do not contradict the law and other legal acts and do not violate the rights and interests of other persons protected by law, including alienate his property to other persons, transfer them while remaining the owner , rights to own, use and dispose of property, pledge property and encumber it with other means, dispose of it in another way.
3. The possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not harm the environment and does not violate the rights and legitimate interests of others.
4. The owner may transfer his property in trust to another person (trustee). Transfer of property to trust does not entail the transfer of ownership to the trustee, who is obliged to manage the property in the interests of the owner or a third party indicated by him.

17. I have a brother, lives alone in a 3-room apartment, doesn’t work, drinks, feeds and pays for the apartment, mother, and when the mother does not give money for alcohol, she takes loans in quick loans. As long as the mother is there - she then pays for everything when she doesn’t - there will be no one to repay the debts for loans and for the rent, and collectors will come for him and they will demand money or property. In this apartment, 1/3 of my share. Question: when our mother does not become (she is already 85 years old) and the sharing of property begins - will I get my share in the apartment, or can they completely take it for the debts of my drunk brother? And will this debt not shake me (for its loans and for the debt on the apartment), since I will also be the owner of this property? Or is it safer for me to refuse the ort of inheritance at all, so as not to get into debt myself? I ask you to answer me on the site, by phone I’m not always available, all the time at work.

17.1. Good day to you.
Dear Anastasia, in this case I advise you to turn to any lawyer in private messages to get a full consultation on your issues.

18. The brother drinks and does not pay for the apartment, rowdy. What can be done.

18.1. --- Hello dear visitor, go to court and collect from him payment for utilities, for which you have already paid for it. Good luck and all the best, with respect, lawyer A. Ligostaeva

18.2. Yana. Good afternoon. If you need to get a detailed consultation, you can go to my email. mail.
. You can always find a way out of any situation. Good luck and all the best in your affairs.

19. There is an apartment. Equal shares with brother. I do not live there, only registered. They don’t pay for a communal apartment, the debt for heating hung all on me since there’s nothing to take from him (enforcement proceedings are already open) how is it best to get rid of the share? To issue a contract of sale of his share on it with the condition that he accepts the payment of the debt or can you sign the gift agreement with the same condition that he accepts all debts for the communal apartment?

19.1. Hello, Maria Vladimirovna!

You can draw up any contract. The only contract of sale implies that you must receive payment for your share in monetary terms. The notary does not indicate such a condition in the donation contract, so you will have to get a debt from him, and then enter into transactions. Or pay off debts and give a share.

20. My brother does not want to pay for the apartment (the apartment is not privatized), and I want to pay my share, what should I do in this case?

20.1. Good afternoon!
To resolve this issue, you need to apply to the court with a statement of claim on determining the procedure for payment for housing services. Based on the court decision, separate payment documents will be generated for you and your brother and you will not be responsible for his debts.
To draw up a statement of claim, you can contact in private messages, or make an appointment.

20.2. In court, both of you will be charged this amount.
May restrict the supply of energy, water, gas, etc.
you will not fulfill and accumulate large debts, they can be relocated to other housing ...

21. What should I do if the brothers do not pay for the apartment and shake their rights
with and I cry.

21.1. Good day to you.
Dear Irina, in this case, if you are registered in the apartment or are the owner, then you can recover money from your brothers in court.

21.2. It is possible to judicially determine the procedure for paying utility bills. You can pay and then also in court to recover from the brothers their parts.

21.3. Good evening! If the brothers are not owners, then it is possible to write them out in court, it all depends on the circumstances.
Contact.

22. The brother did not pay the communal apartment for 5 years. Can I ask the court to seize his share of the apartment for debts? I paid by credit card.

22.1. Hello. Do you want to go to court with a lawsuit to recover from him his debt for the payment of utilities? You can ask, the rest is at the discretion of the court.

23. The brother refuses to pay for the utility bills of the inherited apartment for the period of six months, until he has drawn up the inheritance, what should I do?

23.1. Hello. You can independently pay utility bills, and then recover from it a portion of the amount paid.

23.2. If you are heirs, you must pay according to inherited shares - Art. 249 of the Civil Code
you pay, and then recourse from it.

23.3. Hello, Nella.
In your situation, you should pay utility bills yourself, and then recover in court from your brother.

24. The brother did not pay for the apartment for a long time. There was a debt of 110,000 TR I paid it by a peaceful decision that he would repay the debt. It took 6-7 months of which he paid 20 tr now refuse to pay further.

24.1. Hello. You can recover the paid debt in a judicial proceeding. And then the bailiffs will recover from him, they will seize the accounts and can describe the property.

24.2. Hello! If an amicable agreement has been approved, then contact the court to issue a writ of execution and send it to the Bailiff Service for enforcement.

24.3. Good afternoon! File a lawsuit with the court and recover the missing payments from your brother in recourse. Good luck and all the best!

24.4. Good day to you. Do you have any evidence that you paid for your brother? Good luck and all the best.

24.5. Hello! In this case, you can settle in court. It is necessary to file a claim in this circumstance.

25. I went from the orphanage to my brother’s apartment. He did not pay for utilities, a debt was formed. A notification came with a proposal for rutructuring. Can I start paying debt without concluding a restructuring agreement, taking into account the fact that until the age of 23 I am in the category of citizens “orphans”?

25.1. ☼ Hello
You can start paying the debt, but ideally, first conclude an agreement on installment payments for utilities
I wish you good luck and all the best!

25.2. Hello, you should finish the installment agreement, and then pay according to the schedule.
Good luck and all the best.

25.3. --- Hello, it is far from a fact that you belong to this category of orphans. Only if you are studying full-time and at a state educational institution. Good luck and all the best, with respect, lawyer A. Ligostaeva: sm_ax:

25.4. Of course you can pay the debt without concluding such an agreement. It is advisable to conclude an installment agreement, otherwise they may restrict access to utilities.

25.5. Good day to you. If you are offered a restructuring, then they will meet you and I advise you to agree.

25.6. Your status on debt instruments is not affected. Debt must be repaid in any case. The conclusion of an installment payment agreement will protect you from possible sanctions (for example, from a power outage).

26. The brother left the prison does not work for the apartment does not pay how it can be evicted the apartment is privatized.

26.1. Good day!
If the brother is the owner, then nothing.
If the brother is simply registered in the apartment, it is possible only with the consent of the brother himself, or in court.

26.2. Good day! In this case, it is necessary to file a lawsuit with the court to terminate the right to use the premises in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation. The size of the fee is 300 rubles. Based on the court’s decision, the UFMS removes the defendant from registration.

26.3. Hello, if your brother has a share in this apartment or refused to participate in privatization, then do not select.
Good luck and all the best.

26.4. Hello!
If he is registered and lives in an apartment, has no other housing, then you have no chance of eviction (and it is possible only in court).
If he does not have registration in the apartment, then contact the court with an application for eviction.

26.5. If the apartment has been privatized, including to the brother, then you cannot evict him. If the brother refused to participate in privatization, then he cannot be evicted either.
If there are no such circumstances, then you can evict by filing a lawsuit with Article 131 of the Code of Civil Procedure of the Russian Federation.

26.6. Oksana. Good afternoon. If the brother participated in privatization, then it is not possible to write out. If it is simply registered, then the apartment owners have the right to apply to the court to remove obstacles to the use of their property.

26.7. Hello Oksana. Please specify your question. You did not write whether your brother had the right to participate in the privatization of the apartment.
If this was his place of permanent residence, and he did not have another permanent place of residence at the time of privatization, then in accordance with the law “On the Enactment of the Housing Code of the Russian Federation” you cannot evict him.
You can only recognize him as having lost his right to use if he moves to another permanent place of residence.
God help you.

26.8. The owner of the apartment or his lawyer or other representative can file a lawsuit with the district court against the defendant - the person indicated in the question. The court will recover the costs of paying for the services of a lawyer from the defendant.

27. Tell me, can the utilities monthly charge for water and sewage, if no one has lived in the apartment for 5 years, there is no water meter and no one is using it? What if they take it?

27.1. Hello Irina.
Of course, you will have to pay for part of the utilities if there are no meters
Good luck in resolving your issue.

28. If the apartment is not privatized, do the Management Company have the right to charge for electricity services?

28.1. Hello.
Do you consume electricity? So, they are obliged to pay for it, including common house needs. No one will pay for you.

29. My brother does not pay for the apartment ... there are three owners in it, he, his wife and our father. According to the court’s decision (apparently we don’t know this) my father’s Sberbank card for which his pension comes was blocked. Father has not been working for a long time, lives only on retirement ... what to do?

29.1. Hello, the Management Company collects debts for utilities from all owners and the court in its decision determines joint liability and therefore debt can be collected from any debtor

I wish you good luck and all the best!

29.2. Hello.
It is necessary to contact the bailiff by the executor and provide a certificate stating that a pension is being received in this account and then the arrest will be lifted, but they will be deducted from the pension 50% per month.

29.3. In accordance with their authority, prosecutorial authorities resolve applications, complaints and other appeals containing information on violation of laws.

30. I can’t share personal accounts with my brother .. I paid for the apartment and he does not pay .. what should I do?

30.1. Hello, Elena! In this case, file an application for determining the procedure for paying utility bills to the court.
Good luck to you!

30.2. To recover from a brother a share in the costs of paying for heating and maintenance. If the IPU is not installed and the brother is registered, then the share in the payment is com. services.
The personal account is not divided. It is possible by agreement or in court to determine the share in the cost of housing and com. services, then you will receive bills separately.

30.3. In such a situation, you can only recover from the brother half the size of utilities, including in court. That is, for example, you pay 5,000 rubles, and collect 2,500 in court from your brother.

31. Do you have the right to charge for ONE if we do not currently live in an apartment and do not use electricity.

31.1. Hello.
It is ONE that you are required to pay only upon the fact that you are the owner of the apartment. Whether you live in it or not in fact - does not play a role.

31.2. Good afternoon! They have the right to take, in any case, the homeowner must bear the burden of its maintenance. All the best to you and good luck!

31.3. Hello, in accordance with the norms of the current legislation of the Russian Federation and the prevailing practice of its application, now no residence does not exempt from communal services in general.

31.4. If you are registered at the place of residence alone, then you will have to pay for ONE. Good luck. Thank you for contacting 9111.

32. Elder brother five years does not pay for the apartment Thumps.

32.1. Hello!
Debt on rent, from your brother, can be collected in court. If other persons are registered in the apartment besides him, they will be jointly and severally liable.

I wish you good luck and all the best!

32.2. If you want to pay only for your part, then determine the order of use in a judicial proceeding, and then divide personal accounts.

32.3. If the brother is not the owner of the apartment, you can write it out, but if it has a certain part of the property (it is necessary to allocate it), you can deprive the property right (if it is insignificant) by paying her compensation in monetary equivalent, of course, all this is done through the court.

33. On the basis of what documents can I not charge a person for garbage if he is registered in the apartment but does not live.

33.1. The fee in this case is taken due to the fact that the place of residence of the citizen is the place of registration, without registration, until proven otherwise.

33.2. Hello! In this case, On the approval of the Rules for the provision of services for the export of solid and liquid household waste. In accordance with the legislation of the Russian Federation.

33.3. Yulia. Good afternoon. If a person is registered, but temporarily resides at a different address, he must submit temporary registration, a certificate with m / f. and others. Writes a statement and asks not to exact.
You can always find a way out of any situation. Good luck and all the best outcome.

34. I am the owner of an apartment in which no one is registered. Since April, they began to charge for hot water, / there are no meters / is it legal.

34.1. In accordance with the amendments made in the Decree of the Government of the Russian Federation No. 354-2011, which entered into force on February 1, 2017, in the absence of metering devices and in the absence of registered persons in the apartment, payment is due according to consumption standards from the number of owners of this dwelling.

35. Apartment on shared ownership with brother. He did not pay for her for many years. Now divided into 2 parts. Although 2 people were still registered in this apartment. Is it possible in court to divide the amount into 4 parts and he would pay for them himself, and I would accordingly pay 25% myself.

35.1. Hello! You need to look who instilled tenants in this apartment. Landlords bear shared responsibility for the payment of utilities in proportion to shares. If a brother instilled tenants, then it is 1/2 and will be divided into three (him and two tenants)
In accordance with paragraph 11 of Art. 155 LC RF, the non-use by the owners, other persons of the premises is not the basis for non-payment of utility bills.

36. The owner is my brother, but he has not lived in the apartment and has not been paying for the communal apartment for 7 years already. If he is registered, he will have some kind of rights to the apartment.

36.1. You yourself indicate in the question that your brother is the owner. Even if he does not live in the apartment, the ownership of it is not lost.

36.2. The main circumstance is that your brother is the owner of this apartment. Thus, it is almost impossible to share property, however, his responsibilities include payment of utilities as the owner of this apartment. Thus, it remains possible to collect from him Debt on payment of utilities. Sometimes there is a case when someone lives in such an apartment and the owner lays on him the conditions for paying utility bills.

37. I have such a question. Does the brother's wife have to pay com. services for an apartment in which she is not registered, but uses everything and if she can’t, can I forbid her to use utility services?

37.1. Hello, Anatoly! If the brother’s wife is not registered in this apartment, then she does not have the right to reside in it. Sincerely, STANISLAV PICHUIEV.

37.2. You, in general, have the right to appeal to the court about her eviction. In this case, the case will be considered with the participation of the prosecutor, so prepare one copy of the claim for him as well.

38. We bought an apartment on a mortgage, but my wife’s brother went as a borrower, I’m a co-borrower and my wife, I paid for it, now we get divorced about payments, keep paying, they don’t go to any negotiations, nobody is registered in the apartment , spouse lives, but she has other housing. Is there any way out or is it a tight trap?

38.1. There is a way out. If property is registered on it, then it is necessary to file for a section on the basis of Art. 38 SK RF. Share her share. And to recover from the brother the money paid for him (Article 1102 of the Civil Code of the Russian Federation)

38.2. It is necessary to draw up an agreement on the division of property.
Then the debts for the apartment can be divided.
Contact a notary in accordance with Art. 38 SK RF.
The common property of the spouses may be divided between the spouses by their agreement. An agreement on the division of common property acquired by spouses during a marriage must be notarized.
It doesn’t matter that she has her own home.

38.3. The only way out is the division of property in court or to draw up a partition agreement.

SK RF, Article 38. Section of the common property of spouses

1. The division of the common property of the spouses can be performed both during the marriage and after its dissolution at the request of any of the spouses, as well as in the case of a statement by the creditor of the requirement to divide the common property of the spouses in order to recover the share of one of the spouses in the common property of the spouses.

38.4. Hello, they did not write the most important thing, who is the owner of the apartment. If the wife’s brother, then the matter is bad. It is unlikely that you can prove that the apartment you actually bought. Accordingly, you cannot divide it. In such a situation, the only thing you can do is recover from the borrower - the wife’s brother the money that you paid to pay off the loan. In this case, you will need to prove that it was you who made the payment (receipts will be required).
Good luck and all the best.

38.5. If the apartment is framed by his brother, then he is the owner (Article 209 of the Civil Code of the Russian Federation) and only he has the right to dispose of his property. In fact, you and your wife bought an apartment for your brother and now you have nothing to share with your wife. The right to ownership of a share in the apartment will appear only after payment of the mortgage in full. Therefore, you only have to pay further (you signed the contract) and take out a share in the right of ownership or the whole apartment if your wife and her brother refuse to pay on the mortgage. So it’s not so simple.

39. Mom and I live with my brother, he is 20 years old. Does not work, does not pay for the apartment, sits on our neck. Constantly brings guests. Is it possible to resolve this issue?

39.1. What exactly are you interested in? You cannot make it work. You can recover from it part of the money contributed to the payment of KU.

40. My husband’s brother was in prison for more than 4 years, naturally he didn’t pay for the apartment, but as always! That I can not pay for it, or maybe some part can not pay! And where can I write it, so that, in principle, do not pay for it? He is not a drug addict with us. Thanks.

40.1. Hello.
The owner has the right to write out the person as having lost the right to use the premises by filing a lawsuit in court.

40.2. If your brother does not have a share in the ownership of the apartment, then you can write him out by court order. If, nevertheless, he is the owner of the apartment, it is impossible to write Him, but you can split personal accounts.

40.3. If the apartment is in social. hiring and he actually does not live, then you can remove from registration, but only on the basis of a court decision. If he is the owner (or participant in shared ownership), then no one will remove him from registration.

41. I want to ask my younger brother does not work. How can I get him to work and pay for the apartment.

41.1. You can’t make it work. You can sue the court to determine the procedure for paying for housing, then each person will receive a separate receipt for payment.

41.2. Making him work is certainly difficult if he does not want to. But here the payment of housing and communal services for an apartment can be divided through the court and you will receive separate payments.

41.3. Hello! Yes, not to force. If you are the owner of the apartment, you have the right to sue for eviction.

41.4. Hello, Julia. Do not force it, forced labor is prohibited in Russia. You can in court recover from him his share of the payment for the apartment.

41.5. You cannot make him work.
You can judicially recover utility bills for the last 3 years. It is necessary to draw up a statement of claim, attach receipts of payment with your signature there, file it with the court, then go to meetings. You can also for the future divide in court the invoice for payment of utility bills. With proper legal support in court, such cases are considered winning.

41.6. Hello Yulia! You can separate the payments for the apartment through the court, as well as recover part of it if you pay the full amount for the apartment. Sincerely, STANISLAV PICHUIEV.

42. We live in 3 I, Mom and Brother in a municipal apartment, my brother has not paid for housing for 3 years. Mom and I pay the receipts. Is it possible to somehow divide the fat or make Brother pay an equal share for the apartment? How to do it, if possible and where to go. Thank you, Vladimir.

42.1. Hello! You can make your brother pay by going to court! Regards!
Still have questions?
Call 8-925-444-28-14 or write [email protected]

42.2. Hello. You need to go to court and ask to share receipts for utility bills. You can also recover from his brother his share in the payment of utility bills. Similar jurisprudence is available.

42.3. Hello Olga! You can go to court with a lawsuit to recover part of your utility bills from your brother, and you can also separate payments for utility bills. Sincerely, STANISLAV PICHUIEV.

43. I lived in an orphanage for 4 years, my brother was missing, I didn’t pay for the apartment, I rented it, I have two children, can I pay about 150,000 in arrears from my mother’s capital

43.1. Hello! No, you cannot repay the debt for utilities by means of maternity capital, as the law does not provide.

43.2. No, you cannot repay. This is not prescribed by law, unfortunately.

Federal Law of December 29, 2006 N 256-ФЗ (as amended on December 28, 2016) "On Additional Measures of State Support to Families with Children"
Article 7. Disposal of funds of maternal (family) capital

1. Disposal of funds (part of the funds) of maternal (family) capital is carried out by persons specified in parts 1 and 3 of Article 3 of this Federal Law who have received a certificate by submitting to the territorial body of the Pension Fund of the Russian Federation directly or through a multifunctional center an application for disposal of maternal funds (family) capital (hereinafter referred to as the application for disposal), which indicates the direction of use of maternal (family) capital in accordance with this Fed cial law.
   (as amended by Federal Laws of December 25, 2008 N 288-ФЗ, dated July 28, 2010 No. 241-ФЗ, dated July 28, 2012 N 133-ФЗ)

2. In cases where a child (children) has the right to additional state support measures arising on the grounds provided for by parts 4 and 5 of Article 3 of this Federal Law, the funds of maternal (family) capital are controlled by the adoptive parents, guardians (trustees) or adoptive parents of the child (children) with the prior permission of the guardianship authority or the child (children) upon reaching the age of majority (or) by him (them) in full capacity before reaching the age of ennoletiya. An application for disposition may be submitted by the adoptive parents, guardians (trustees) or adoptive parents of the child (children) not earlier than three years after the birth of the child, with the exception of cases provided for in paragraph 6.1 of this article. If the right to additional measures of state support has arisen in connection with the adoption of the child, an application for order may be filed no earlier than three years after the specified date, with the exception of cases provided for in paragraph 6.1 of this article. Disposal of funds of maternal (family) capital, the right to which a child (children) has left, (remained) without parental care and is (are) in an institution for orphans and children left without parental care, is not carried out by the child (children) earlier that he (them) has reached the age of majority or that he (them) has acquired full legal capacity before reaching the age of majority.
   (as amended by Federal laws of 25.12.2008 N 288-ФЗ, dated 03.07.2016 N 302-ФЗ)
   (see text in previous edition)
3. Persons who have received a certificate may dispose of the funds of maternal (family) capital in full or in parts in the following areas:
1) improvement of housing conditions;
2) the education of the child (children);
3) the formation of a funded pension for women listed in clauses 1 and 2 of part 1 of Article 3 of this Federal Law;
   (as amended by Federal Law of 21.07.2014 N 216-ФЗ)
   (see text in previous edition)
4) the acquisition of goods and services intended for social adaptation and integration into the society of children with disabilities.
   (Clause 4 is introduced by the Federal Law of November 28, 2015 N 348-ФЗ)
4. Disposal of funds of maternal (family) capital may be carried out by persons who have received a certificate simultaneously in several areas established by this Federal Law.
5. The rules for submitting an application for disposal, as well as a list of documents necessary for exercising the right to dispose of funds of maternal (family) capital, are established by the federal executive body authorized by the Government of the Russian Federation.
   (as amended by the Federal Law of July 23, 2008 N 160-ФЗ)
   (see text in previous edition)
6. An application for disposal may be filed at any time after three years from the date of birth (adoption) of the second, third child or subsequent children, with the exception of cases provided for in paragraph 6.1 of this article.
   (as amended by Federal Laws of July 28, 2010 N 241-ФЗ, dated 03.07.2016 N 302-ФЗ)
   (see text in previous edition)
6.1. An application for disposal may be submitted at any time from the date of birth (adoption) of the second, third child or subsequent children, if it is necessary to use funds (part of the funds) of maternal (family) capital to pay the down payment and (or) repay the principal and pay interest on loans or loans for the purchase (construction) of residential premises, including mortgage loans granted to citizens under a loan agreement (loan agreement) concluded with an organization, including a credit institution cie, as well as the purchase of goods and services intended for social adaptation and integration into the society of children with disabilities.
   (Part 6.1 is introduced by the Federal Law of December 25, 2008 N 288-ФЗ, as amended by Federal Laws of July 28, 2010 N 241-ФЗ, dated December 29, 2010 No. 440-ФЗ, dated May 23, 2015 No. 131-ФЗ, dated 28.11. 2015 N 348-FZ)
   (see text in previous edition)
7. In case of the full disposal of the funds of the maternal (family) capital by the persons who received the certificate, the territorial authority of the Pension Fund of the Russian Federation shall notify these persons of the termination of the right to additional state support measures within the period specified in paragraph 4 of Article 6 of this Federal Law. The notification is made by the territorial body of the Pension Fund of the Russian Federation in a form providing the possibility of confirming the fact of notification.

43.3. Hello, Olesya! Unfortunately, you cannot pay the debt for utilities with maternity capital funds, as this is not provided for by law. Sincerely, STANISLAV PICHUIEV.

44. My brother is registered and lives in my privatized apartment, but for two years he has not paid for the apartment, a big debt has accumulated, can I write him out of the apartment by buying a room for him. Thanks.

44.1. Hello.
Decree of the Government of the Russian Federation of May 6, 2011 N 354 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings" (as amended)

According to Art. 210 of the Civil Code of the Russian Federation the owner is responsible.

44.2. Hello! If he refused privatization, then he retained the right to use this apartment indefinitely. You can agree with him about this, if he agrees, then he himself can voluntarily write out in exchange for a room.
So already tell him that you have the right to judicially recover from him the share of utility bills for the last three years.

45. My brother is the owner of the apartment, does not pay for the apartment, does not live. Debts have accumulated large. I’m registered in this apartment, because I was married, also did not live in this apartment, only our mother lived, who is retired and sick with alcoholism. Time passed and I got divorced. I returned with minor children. I ask my brother to pay off the debts for the apartment together, to which he says that he will not help. If I repay all the debt in the apartment, can I sue my brother that he does not pay for anything. And write it out in court. Or he is in charge, and I can’t do anything. Thanks in advance.

45.1. Hello, if you pay off all the debt, you will be able to court to recover part of the debt from your brother. You cannot deregister it, since it is the owner of the apartment.
Good luck and all the best.

45.2. You can deregister your brother only on the basis of a court decision, as well as recover utility bills, split personal accounts for payment in the future separately. Make a debt repayment agreement with the management company to make it easier to pay. Good luck.

45.3. Hello! You will not be able to evict and deregister the apartment, since he is the owner of the apartment. If you pay off the debts for it, then you can recover the debt from it in court.

45.4. The owner cannot be discharged, this is his apartment and he has the right to single-handedly register anyone in it.
You can go to court to recover half of the debt from him after payment.

46. \u200b\u200bThe brother does not pay for the apartment. Already 4 years. What can be done? The apartment is not privatized.

46.1. Hello, there is little information in your question. If the brother does not pay, then you can pay his debt yourself. Otherwise, the debt will be recovered in court.
Good luck and all the best.

46.2. Hello. If the brother does not pay for the apartment, then the debt for the apartment can be collected from him in court. And also evict from the apartment.

46.3. File a lawsuit in court, exact half of the amounts paid. You can either make a statement of claim yourself in accordance with Article 131. The form and content of the statement of claim, or in a personal form to any lawyer of the site of your choice, can be ordered. Good luck to you.

46.4. If the brother does not pay for the apartment, then the debt will be collected in court. If you do not want to sue, pay debts for your brother. In the future, through the court, you can recover paid debts from his share.

47. Tell me please, if mom privatized the apartment for her brother, and he does not pay for the apartment, what can you advise?

47.1. Oksana, the apartment has an owner, your brother. If he does not pay for the apartment, then he will collect the accumulated debts of the Criminal Code from him.

48. For 10 years, the brother does not pay for the apartment, brought his wife and the child prescribed a 3-room apartment for our part. Mother, a pensioner, while I worked abroad, I paid for about 5 years for the apartment, although I did not live there. How to make them raft?

48.1. Ask the Criminal Code to make the calculation of utility bills for three years (limitation period) to the present day, for each non-payer. Collect your receipts confirming your payment (make copies). Contact your lawyer to write a statement of claim for recovering the amount from them in a recourse order.
You can always find a way out of any situation. Good luck and all the best!

48.2. Good afternoon, dear Victoria
Divide personal accounts, and you can collect the debt for the apartment through the court. Contact the 9111 website in a personal account

Good luck to you and your loved ones!
__

49. We live with our brother in the same apartment in the social. when hired, he drinks alcohol systematically, doesn’t pay for the apartment, steals things and food that he exchanges for alcohol, pisses for himself, stinks, etc., and I have young children. I want to write him out of the apartment. How can I do this and is it possible?

49.1. Good afternoon! In this case, it is necessary to file a lawsuit with the court to terminate the right to use the premises in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation. The size of the fee is 300 rubles. Based on the court’s decision, the UFMS removes the defendant from registration.

49.2. Hello! If he actually lives in the apartment, then you cannot recognize him as having lost the right to use the premises even in court.

49.3. Judicially. In accordance with paragraph 1 of Art. 3 Code of Civil Procedure of the Russian Federation, an interested person has the right, in the order established by the legislation on civil proceedings, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests.
For suing you need to read Art. 131-132 Code of Civil Procedure of the Russian Federation.

49.4. You need to start by determining how you pay utility bills. When a brother does not pay more than 6 months for utilities, there is a chance to evict him. The issue is difficult to evict. Contact a lawyer for help.

50. A cousin brawls, does not pay for payments and does not live, the apartment is not privatized, prescribed an imperfect summer daughter yet what to do?

50.1. A cousin is brawling, does not pay for payments and does not live, the apartment is not privatized, prescribed an imperfect summer daughter, what else to do?
Separate payment documents and evict it for non-payment of utility bills.

I have a difficult task: to share with my sister the Moscow apartment, which we inherited from our parents. We are heirs in equal shares, and each has its own other housing. Due to the fact that I did not agree to give my sister a share of the inheritance, she refused to pay the rent and repair of the heating system, which had become unusable, which threatened flooding of the neighbors.

Court hearings on the division of inheritance last a very long time. And, in order to avoid the accumulation of debt on rent, I have been paying its share of payments for 5 years. Repair of the heating system, I also paid. Will I be able to recover from my sister all the payments I have made for her? And anyway, what do you advise me?

Lawyer answer:

Owners bear the burden of maintaining housing in proportion to their share of the right to own property, regardless of whether or not they live in this apartment, that is, they are required to pay a rent (paragraph 4 of Article 30 of the Housing Code of the Russian Federation).

That is why you have the right to demand a payment from your sister for the repair of the heating system, since your inaction could harm the neighbors.

The same goes for utility bills. If a person is not registered and does not live in an apartment, then it is enough for him to submit a certificate on the place of his actual residence in the housing office (or the Criminal Code), and he will be exempted from payment for gas, water and sewage. You will have to pay for heat in any case.

You can recover debt from your sister only in the last 3 years. But in the future you have the right to determine the procedure for making apartment payments. You should submit an application to the Housing Office (or UK) to conclude a separate management agreement with each of you. Submit the application in duplicate. Your application must bear the number of the incoming document, the seal, the date and signature of the official who accepted and registered it.

If the management company refuses, you will have to go to court. This is troublesome, but it can bring significant benefits in the future. If the sister does not pay her share of the rent for a separate payment, then the debt will grow only with her. And the management company may, through a court, demand the sale of its share for debts. You will be the first bidder for the purchase. But first, try to explain to your sister all the disadvantages of her unreasonable behavior. Perhaps this will save you from serious contention (take care of the good name of your parents).

Some other answered questions from the Housing Laws Section:

Three years ago, a roommate entered into an agreement to purchase an apartment in a house under construction. I invest my money in monthly payments. The completion of construction should take place in June, and the registration of our marriage in September ...

Dad suddenly died. They lived with their mother in a privatized apartment designed for their mother. Now she is seriously ill. I am the only daughter, I live separately in an apartment privatized on me ...

Can we be evicted for debt from a cooperative apartment where a young child is registered, and I am on maternity leave? The chairman of our house does not want to listen to anything. He says: “either I will pay all the debt at once, or I’ll evict through the court” ...

Can I sell my 1/2 share in a privatized one-room apartment (38.6 sq. M.) Without the knowledge of my mother, who also has 1/2 share?

I am registered in the apartment of the former mother-in-law. Apartment in Moscow, not privatized. With her husband divorced for over 4 years. Do not live together. Does my mother-in-law have the right to discharge me from the apartment?

My mother and I are co-owners of the apartment in equal shares. A 17-year-old girl who is not related to us is registered and lives in our apartment ...

My wife and I are buying an apartment privatized a year ago. At the time of privatization, 3 people were registered in it: mother, daughter and niece. Mother and daughter have shares of 50% ...

Divorced my wife. She voluntarily left for permanent residence with her son in Israel. She didn’t check out of our municipal Moscow apartment. Missing 12 years, does not pay for an apartment ...

My son and I owned an apartment privatized before his marriage. His ex-wife and seven-year-old son are registered in our apartment. We helped the son’s ex-wife after a divorce to buy an apartment on a mortgage ...

By inheritance from my husband, I have 1/3 of the apartment, my mother-in-law has 2/3 of the share. By court order, she moved in with me. My underage daughter and I have no other housing ...

The ex-husband has not paid the rent since 2006 and has not paid child support since 2009, all the more so he is hiding in the Republic of Chuvashia. How can we deprive him of 1/4 of the share in the common apartment?

We live in a non-privatized apartment, the owner of which was my own father. In addition to my father, I (his son) with my family and my mother were registered in the apartment ...

My sister and I have a privatized apartment in Moscow at 1/2 share, she wants to register her child and at the same time asks for a house book. Do I need a home book for registration? And will the child claim my share?

My father owned a privatized apartment in Moscow. Six months before his death, he met a woman and began to live with her. After a couple of months, he registered her at his place of residence ...

How to evict a girl from municipal housing? She does not live in the apartment for about 10 years. Pays for utilities on time, but does not participate in the improvement and repair ...

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