A management company or HOA is an intermediary between the organization providing electricity supply services and the residents of the house. It turns out that the management company is responsible for paying for electricity to the company that provides it, and the residents of an apartment building are responsible for paying to the management company. In order to understand whether the management company has the right to turn off energy for debts, you need to understand the terminology. In accordance with the law, restrictions, suspensions and shutdowns of power supply may be carried out. Restriction is the provision of limited traffic to the subscriber. For example, turning off the lights for several hours a day. Suspension implies a complete cessation of electricity supplies for an indefinite period, but the service contract is not terminated. Shutdown – cessation of electricity supply due to termination of the contract.

What the law says

As of 2018, the issue of electricity supply to citizens is regulated by two main bills:

1. Articles 539-548 of the Civil Code of the Russian Federation. Article 546 states that the power supply can be turned off or temporarily stopped only by agreement of the parties. But in fact, such an agreement is a contract for the supply of services concluded by the owner of a residential premises. There must be a clause stating that in case of non-payment, the debtor may turn off the lights. In addition, the same Article 546 states that before stopping the supply of electricity, the defaulter must receive an appropriate warning.
2. Government Resolution No. 354 of 2011, in particular Chapter 11, which specifies the specifics of restrictions and suspension of public services. Thus, paragraph 117 of the resolution states that in case of partial or complete non-payment of debts for utility services, the defaulter may have them suspended. The only thing is that the decree prohibits turning off the heating during the heating season and cold water, regardless of the time of year.

If housing and communal services are not paid on time, the management company must send the subscriber a notification about their possible limitation and (or) suspension. This can be done by means of a registered letter, by calling by phone (mobile or home) and recording the conversation, by printing the information on a housing and communal services form and sending it by mail, or by delivering the notification in person, against a signature.

If you ignore the requirements for payment for electricity, the management company has the right to turn it off

If, after 20 days from the date the debtor received the warning, payment has not been made, the chairman of the management company (homeowners' association) has the right to decide to limit the power supply to the residential premises. If after the next 10 days no payment has been made, the supply of electricity to the apartment may be suspended. In the event that there is no technical possibility to limit the power supply, the management company has the right to suspend the supply of services after 20 days from the date of receipt of the notification by the defaulter.

Paragraph 120 of the same resolution guarantees the debtor that in case of payment, the return connection of electricity will take place no later than 2 days from the moment it (payment) is received by the company.

The resolution prohibits limiting and suspending the supply of utilities if it affects other residents of the house who make timely payments for housing and communal services (does not apply to cases of emergency, planned, etc. outages).

That is, the HOA has the right to turn off electricity for rent arrears. Moreover, in this regard, all categories of citizens are equal before the law: disabled people, single mothers, pensioners, etc. Lights can be turned off for everyone for non-payment.

How long does it take for electricity to be cut off?

Among other things, Government Decree No. 354 specifies the minimum amount of debt at which the supply of electricity can be limited (suspended). But it is important to know under what debt the electricity in the apartment is turned off for non-payment. According to paragraph 118 of the mentioned Resolution, restriction (suspension) of electricity supply can occur if there is an existing debt of two average monthly payments, which should be calculated from the established standard for electricity consumption.

If the amount of the subscriber's debt is less than specified, the supply of services cannot be limited or suspended. In particular, if at the moment there is a daily restriction of power supply (switching off for several hours), and the citizen made a payment, which reduced the total amount of debt to a level lower than two average monthly norms, then this restriction should be removed and the power supply should be fully turned on. But if the service was legally suspended (the lights are turned off completely), it will be resumed only if the debt is fully repaid.

After a power outage, the meter is sealed, and removing the seal yourself is considered illegal

How does the shutdown happen?

After 30, and in some cases even 20 days, after the citizen receives a notice from the management board of the Criminal Code about the need to pay the debt, the service may be suspended. Power outages must be carried out by a qualified electrician. The presence of a company representative is required, who draws up an act of suspending the power supply. If the defaulter is currently at home, he is also invited to draw up a report. In this case, the debtor has the right to demand from the company representative a document confirming that he is an employee of the management company.

The procedure for drawing up the act is as follows:

• type of change in the supply of services (restriction or suspension);
• date and exact time of drawing up the act;
• Full name of the apartment owner, his personal account number and house address;
• step-by-step content of the procedure;
• counter indicators;
• reason for suspension of services.

During the preparation of the act by the representative of the management company, the electrician disconnects the meter from the network and seals it so that the debtor does not try to open the panel on his own and reconnect the meter. If the owner of the apartment is on site, he is asked to sign the document drawn up, but he has the right to refuse this, about which a corresponding note will be made.

What to do if there is a power outage

If the light was turned off properly (the subscriber was notified in advance and a report was drawn up), then the debtor has only one option - to deposit the required amount into the company’s account in order to return the supply of electricity to his home.

After making the payment, you should take the receipt and personally hand it to the management company. You don’t have to do this, but it will turn on the light faster. After confirmation of repayment of the debt by the subscriber, the management company is obliged to return the supply of services in full to the user within 2 days (this period is specified in Government Decree No. 354).

In case of illegal disconnection, a person has the right to file a complaint with higher authorities

If the disconnection occurred improperly, the subscriber can file a complaint against the company’s actions, and in addition, it is possible to force the management company to reimburse the cost of moral damage in court. In accordance with Article 546 of the Civil Code of the Russian Federation and Government Decree No. 354, it is not allowed to turn off the power supply without prior notice to the user. If a citizen has not received a notice from the Criminal Code about a possible suspension of electricity supply, he can:

1. Send a complaint to the head of the company.
2. Submit an application to the prosecutor's office.
3. Start legal proceedings in the case.

But the current practice is such that most often citizens deliberately avoid receiving notification of a possible suspension of the service. If this fact is proven, then the disconnected light will be reconnected to the subscriber only after full payment of the debt.

Beware, scammers

The Investigative Committee of the Russian Federation knows of several dozen cases where, under the guise of employees of a management company, fraudsters tried to “strip” money from citizens. One of the cases occurred in Moscow, when two men went to apartments in residential buildings and informed citizens about their debt. If the residents themselves were sure that they did not have any debts, they showed the receipts, after which the “employees of the management company” apologized and referred to the fact that the payment apparently had not yet reached them. For the rest, who doubted the existence of a debt trap, the men offered to pay on the spot or they would immediately turn off the power.

Such actions of fraudsters entail criminal liability, so citizens must be vigilant and always check their documents with the employees of the Criminal Code. In addition, members of the management company cannot demand that money be paid to them in person. A citizen is obliged to deposit funds into their current account and, in order to avoid surprises, keep receipts received.

Disconnection from utilities will be discussed in the video:

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

Our lawyer can advise you free of charge - write your question in the form below:

Free consultation with a lawyer

Turning off the electricity for rent arrears is another measure in the fight between utility companies and non-payers. Our reader is interested in whether actions in which electricity is turned off (there is no debt for electricity) for rent arrears without warning are legal. Those who are in a similar situation need to remember that actions on the part of electricity suppliers are often illegal.

Turn out the lights!

According to clauses 114, 117 - 119 of the Rules for the provision of utility services (Resolution of the Government of the Russian Federation No. 354):

114. When limiting the provision of a utility service, the contractor temporarily reduces the volume (quantity) of supply to the consumer of a utility resource of the corresponding type and (or) introduces a schedule for the provision of utility services during the day.
When the provision of a utility service is suspended, the contractor temporarily stops supplying the consumer with a utility resource of the corresponding type.
In the event that the suspension of the provision of a utility service is caused by the consumer having a debt to pay for a utility service, the contractor is obliged to seal mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises used by the debtor consumer and associated with providing him with public services.
Suspension or restriction of the provision of utility services does not constitute termination of the agreement containing provisions for the provision of utility services.
If the suspension or restriction of the provision of a communal resource in relation to non-residential premises in an apartment building is caused by the presence of debt under an agreement with a resource supplying organization or the absence of a written agreement with a resource supplying organization, provided for in paragraph 6 of these Rules, for a consumer whose resource-consuming equipment is connected to intra-house utility networks, the above actions to limit or suspend the provision of a communal resource are carried out by the person responsible for the maintenance of in-house utility networks, at the request of the resource supplying organization. If the resource-consuming equipment of such a consumer-debtor in a non-residential premises is connected to centralized networks of engineering and technical support before entering an apartment building, the introduction of consumption restrictions in such non-residential premises is carried out by the resource supplying organization in accordance with the legislation of the Russian Federation on water supply, sanitation, energy supply, heat supply and gas supply .

117. The contractor restricts or suspends the provision of utility services, having previously notified the consumer, in the event of:

1. incomplete payment by the consumer for utility services in the manner and within the time limits established by these Rules;
2. carrying out scheduled preventative repairs and maintenance work on centralized networks of engineering support and (or) in-house engineering systems related to the common property of the owners of premises in an apartment building - 10 working days after a written warning (notification) to the consumer.

118. Incomplete payment by a consumer for a utility service is understood to mean that the consumer has a debt to pay for 1 utility service in an amount exceeding the sum of 2 monthly fees for a utility service, calculated on the basis of the utility service consumption standard, regardless of the presence or absence of an individual or common (apartment) appliance accounting and tariff for the corresponding type of utility resource, valid on the day of restriction of the provision of utility services, provided that there is no debt repayment agreement concluded between the consumer-debtor and the contractor and (or) if the consumer-debtor fails to comply with the terms of such an agreement.
If the consumer does not fully pay for all types of utility services provided by the contractor to the consumer, then the contractor calculates the consumer's debt for each type of utility service separately.
If the consumer partially pays for the utilities and maintenance services provided by the contractor, the contractor divides the payment received from the consumer between all types of utilities indicated in the payment document and the fee for the maintenance and repair of the residential premises in proportion to the size of each fee specified in the payment document . In this case, the contractor calculates the consumer's debt for each type of utility service based on the partially unpaid amount.

119. Unless otherwise established by federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation or an agreement containing provisions on the provision of utility services, the contractor, in the event of incomplete payment by the consumer of the utility service, has the right, after a written warning (notification) of the consumer-debtor, to limit or suspend the provision such utility service in the following order:

1. the contractor sends a warning (notification) to the consumer-debtor that in case of failure to repay the debt to pay for a utility service within 20 days from the date of delivery of the specified warning (notification) to the consumer, the provision of such utility service to him may be first limited and then suspended or in the absence the technical possibility of introducing a restriction is suspended without prior introduction of a restriction. The warning (notification) is delivered to the consumer by delivering the consumer-debtor against a signature, or by sending it by registered mail (with acknowledgment of delivery), or by including the text of the corresponding warning (notification) in the payment document for payment of utility services, or in another way of notification , confirming the fact and date of its receipt by the consumer, including by transmitting a warning (notification) to the consumer via a message via a mobile radiotelephone network to the consumer's user equipment, a telephone call with a recording of the conversation, an email message or through the consumer's personal account in the state housing information system - public utilities or on the official page of the contractor on the information and telecommunications network “Internet”, transmission of voice information to the consumer via a fixed telephone network;
2. if the consumer-debtor fails to repay the debt within the period established in the warning (notification), the contractor, if technically possible, introduces a restriction on the provision of the utility service specified in the warning (notification);
3. If the resulting debt is not repaid within the period established in the warning (notification) and in the absence of the technical possibility of introducing a restriction in accordance with subparagraph “b” of this paragraph, or if the resulting debt is not repaid after 10 days from the date of introduction of the restriction on the provision of a utility service, the contractor shall suspend the provision of such utility service. services, with the exception of heating, and in apartment buildings also with the exception of cold water supply.

Disconnection implies a complete cessation of the provision of the service, for which the procedure provided for in Art. 546 of the Civil Code of the Russian Federation.

1. In the case where the subscriber under the energy supply agreement is a citizen who uses energy for domestic consumption, he has the right to terminate the agreement unilaterally, subject to notification of this to the energy supply organization and full payment for the energy used. In the case where the subscriber under the energy supply agreement is a legal entity, the energy supply An organization has the right to refuse to fulfill a contract unilaterally on the grounds provided for in Article 523 of this Code, except for cases established by law or other legal acts.
2. An interruption in the supply, cessation or limitation of the supply of energy is allowed by agreement of the parties, with the exception of cases where the unsatisfactory condition of the subscriber’s power installations, certified by the state energy supervision body, threatens an accident or poses a threat to the life and safety of citizens. The energy supplying organization must warn the subscriber about a break in the supply, termination or limitation of energy supply.
   Termination or limitation of energy supply without the consent of the subscriber - a legal entity, but with appropriate warning is allowed in the manner prescribed by law or other legal acts in the event of violation of the specified subscriber's obligations to pay for energy.
3. An interruption in the supply, cessation or limitation of the supply of energy without the consent of the subscriber and without appropriate warning is allowed if it is necessary to take urgent measures to prevent or eliminate an accident, subject to the immediate notification of the subscriber about this

Are the actions of companies that turn off power without warning legal?

Disconnection of a subscriber - an individual - is allowed only by agreement of the parties. If agreement is not reached, the contractor has the right to suspend the provision of the service, then file a lawsuit and disconnect the service only by his decision in the presence of a bailiff. If the service provider, without going to court, immediately disconnects your service, then you can file a claim to appeal the illegal actions of the provider yourself. I repeat once again that without a corresponding court decision, the management company, homeowners association and other organizations do not have the right to independently disconnect services.
If this procedure is not followed exactly, then the shutdown is illegal.
The consumer has every right to file a complaint with the Prosecutor's Office, Rospotrebnadzor, the District Administration and the Housing Inspectorate, contact the Management Company with a written request to provide you with a deferment or installment plan for the repayment of utility debts in accordance with your financial capabilities, difficult life circumstances and the “Rules for the provision of utility services.” services to owners and users of premises in apartment buildings and residential buildings" (Resolution of the Government of the Russian Federation No. 354), where paragraph 75 states: The procedure and conditions for granting deferment or installment payment for utility services (including repayment of debt for utility bills) in cases not specified in paragraph 72 of these Rules are agreed upon by the consumer and the contractor.”
If you are denied an installment plan, or its conditions are unacceptable (impossible) for you, request a written refusal. With this refusal, contact the court so that the court obliges you to comply with the above Rules, taking into account your capabilities.

Lack of power supply causes discomfort to a person. If you have been warned about a limitation in the supply of a resource, the user can prepare: turn off complex electrical appliances, change plans, or go to relatives. It’s another matter when they were not notified of the shutdown. In the event of an accident, all that remains is to wait for it to be eliminated. If the reasons are different, then the consumer must determine the legality of the actions of the responsible company. An illegal power outage is recognized when the approved restriction procedure is violated.

Legal grounds for disconnection

The fulfillment of contractual obligations between the electricity supplier and the consumer is regulated Decree of the Government of the Russian Federation No. 442 of May 4, 2012. The document approves the rules for stopping power supply, as well as, which can be divided into three groups.

Termination of the agreement

By default, an electricity supply contract is concluded for an indefinite period, unless otherwise specified. The reasons for its termination are as follows:

1. Entering a restriction mode at the request of the consumer. For example, the owner does not want to pay for electricity in a room that no one uses. The user sends a request to the organization with which an agreement has been concluded for the supply of the resource. Within one day, it is transferred to the contractor, who will turn off the power supply.
2. The expiration of the temporary power supply scheme or the appearance of a reason for early disconnection from the network. This scheme is used mainly on construction sites and is valid for 12 months.
3. Termination of the agreement for the supply of resources by agreement of the parties. The restriction is introduced 3 business days after the service provider receives information about the termination of the contract.

Before terminating the contract, the consumer is obliged.

The need to carry out repair work or eliminate an accident

Power supply systems operate around the clock and require constant monitoring of their condition, as they are a high source of danger. Ensuring their normal operation and maintaining safety sometimes requires stopping the supply of resources; the need arises in the following cases:

1. Discovery by a supplier's representative of an unsatisfactory technological condition of the user's electrical installations, which increases the risk of an accident or threatens people's lives. The decision to disconnect is made by a representative of Rostekhnadzor. Before entering the restriction mode, the subscriber is notified in advance.
2. Threat or emergency. The law does not regulate the time frame for eliminating the consequences. To minimize damage due to an accident, if the lack of electricity can cause serious and irreversible problems, an agreement on technological and emergency protection is drawn up with the energy supply company. The document defines the minimum load value that ensures normal operation of electrical equipment.
3. Planned repairs. The terms and time of work are specified in the contract. Approved RF PP dated December 27, 2004 No. 861 “Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services” in paragraph 31 (6) set a limit on the permissible time limit of power supply: up to 24 hours at a time and no more than 3 days per year.

Timely detection and repair of faults contribute to continuous power supply.

Violation of obligations by the consumer

Unscrupulous consumers may find themselves without power supply by not fulfilling the terms of the contract or by breaking the law. Reasons for disconnection are:

1. The presence of a legal requirement of a bailiff to limit the supply of a resource. It is introduced immediately or on the day established in the court decision, of which the initiator is obliged to notify the consumer.
2. Detection of the fact of unauthorized connection to the network (non-contractual consumption). Disabling is carried out immediately or, if additional measures are required, no later than 3 days from the moment the violation is detected.
3. Unaccounted resource consumption (theft). Disconnection from the network is carried out as soon as information about a violation is received. No prior warning to the offender is required.
4. Availability for more than three months. The debt is calculated based on consumption standards, not meter readings. The restriction is introduced at the request of the resource provider with mandatory compliance with the legal order: notifying the subscriber of the applied sanctions 30 days in advance and drawing up an act on the day of deactivation. The document is drawn up in the presence of the debtor or two uninterested persons. Refusal to acknowledge a debt is not an obstacle to the application of sanctions.

IMPORTANT! If the consumer has eliminated the reasons for disconnection before the date specified in , the restriction regime does not apply to him.

You can notify about the disconnection in any available way: inform in person (by SMS, in a payment receipt, by letter with notification), publish a message on the company’s website or in the media.

If it is established that a consumer has violated the power supply limitation regime, the authorized company disconnects it from the network immediately.

According to clause 20 of the Rules for complete and (or) partial limitation of power consumption, approved by the RF Government on May 4, 2012 No. 442, measures to limit and connect the electricity supply are carried out on a paid basis. If the disconnection is declared illegal, the contractor has no right to demand compensation.

When disconnection is illegal

Disconnecting a consumer from the power grid is legally carried out in compliance with all rules. However, there are often situations when limiting the supply of electricity is illegal.

1. Housing and communal services do not have the right to turn off electricity for non-payment of utilities if there is no debt directly for electricity.
2. Shutting off in the presence of debt is impossible in winter in houses that, according to technical documentation, are heated by electrical appliances.
3. According to Art. 38 Federal Law “On Electric Power Industry”, Rotary limitation of electricity consumption mode is prohibited. This means that turning off the electricity to a defaulter should not affect the rights of his bona fide neighbors. The energy supply company is obliged to provide the ability to individually enter a power supply limitation mode.
4. Each subject of the Russian Federation annually, before July 1, establishes a list of electricity consumers whose lack of power supply will entail economic, social or environmental consequences. For example, the owner can provide a certificate of residence on the territory of a seriously ill person whose vital functions depend on devices connected to the network, or a small child who requires special nutrition.
5. The procedure for introducing a mode to limit the supply of electrical energy was violated.
6. Power outages for scheduled repairs occur frequently and exceed the permissible limitation time.
7. Power supply was not restored within 48 hours from the date of provision or its restructuring.

The fact of disconnection is confirmed by the signatures of the neighbors. If possible, you need to invite a representative of the company responsible for supplying the resource and create a special commission that will draw up a violation report.

Responsibility for illegal shutdown

Liability for illegally limiting power supply depends on the extent of the damage caused. The subscriber has the right to demand compensation for moral and material compensation.

Administrative responsibility

Occurs in situations where shutdown without following a legal procedure has led to a malfunction of electrical equipment and is the cause of its breakdown.

Illegal actions of an official can be regarded as Art. 19.1 Code of Administrative Offenses of the Russian Federation as arbitrariness and be punished by an administrative fine.

If the lights are turned off frequently, then penalties may be applied to the organization or official responsible for supplying the resource. according to Art. 7.23 Code of Administrative Offenses of the Russian Federation for violation of standards for providing the population with public utilities.

Since the energy sales company is a natural monopolist in the energy market, illegal actions can be punished by imposing a fine on the responsible persons according to Art. 14.31 Code of Administrative Offenses “Abuse of a dominant position in the product market.”

Compensation for moral damage can be claimed by reference to Art. 15 Federal Law “On Protection of Consumer Rights”. The law applies to situations where electricity is used for personal purposes.

Criminal liability

Illegal power outages may be regarded as arbitrariness and be subject to prosecution. under Article 330 of the Criminal Code of the Russian Federation. The person responsible for interrupting the supply of electricity shall be fined or sentenced to correctional labor, arrest or imprisonment if violence was used or there was a threat of violence.

According to paragraph 1 of Art. 215.1 of the Criminal Code of the Russian Federation, e If the illegal shutdown caused major damage, serious harm to health or other consequences, the official will be punished with a fine, correctional labor or imprisonment.

If unlawful actions led to the death of a person, the proper person will be held accountable for clause 2 art. 215.1 of the Criminal Code of the Russian Federation. Possible penalties will be: forced labor with deprivation of the opportunity to work in a certain position or engage in certain activities, or imprisonment.

Where to complain

If it turns out that turning off the lights is illegal, you need to draw up 2 sample complaints in any form. It contains information about the consumer, the supply agreement, the date and time of the illegal disconnection and its consequences. The claim is sent to the supply company: management company, homeowners association, or directly to energy sales. If your request is ignored, you can file a complaint:

• to the district administration;
• to Rospotrebnadzor;
• to the prosecutor's office.

A claim for violation of the rules for the provision of utility services is sent by registered mail with notification or taken personally to the company’s office and submitted against signature. The answer should come within a month.

IMPORTANT! If damage occurs due to illegal switching off of lights, the supplier can be held liable by filing a claim in the district court.

In the claim, indicate the reasons why the actions to limit the supply of light were illegal, citing the relevant articles of the law, and the consequences of the lack of power supply.

The legislation of the country clearly defines the grounds and procedure for disconnecting electrical energy. Turning off the lights without warning or obvious reasons causes inconvenience and indignation on the part of the consumer. In these situations, the law sides with the citizen and gives him the opportunity to defend his rights in court.

Increasingly, management companies are using power outages for non-payment of utilities, the procedure for which in 2019 is determined by law. This method is used to combat debtors, through whose fault supplying organizations annually lose large sums. Let's consider at what amount of debt it is possible to disconnect utilities for non-payment, and how this should happen.

The obligation of owners and tenants of municipal apartments to pay for the received housing and communal services, that is, electricity, water, gas, sewerage, cleaning of staircases, etc., is established by the Housing Code. An agreement on utility services is concluded between the homeowners and the management company, where this condition is once again stated. Therefore, late or incomplete payment by the consumer is a breach of contract.

In response to this, can the management company terminate the contract and not deal with the violator of the agreement in the future? No, this possibility is not provided for by law. But the supplier has the right to limit or temporarily stop providing a number of services as a measure of enforcement. This is recorded in the regulatory act - Government Resolution No. 354, the last changes to which were made in mid-2017. According to this document, there are two situations when such actions of the management company are legal:

• debts on utility payments;
• use of services without a contract.

The law deals separately with emergency situations. Shutting off electricity or water is not a way to punish debts if it occurs under the following circumstances:

• accident or threat thereof;
• weather disasters;
• regulations of supervisory authorities;
• carrying out emergency repair work.

Are there other ways

Shutting off electricity for non-payment of utilities by residents in 2019 is not the only way to encourage residents to pay off debts. Instead of turning off the power or water, the management company can go to court. Today, a simplified review procedure is proposed for the consideration of such applications. The service provider does not file a lawsuit, but rather an application for a court order.

Since the management company’s demand is not only absolutely legal, but also indisputable, a court order will be issued within five days. A copy of such a decision is sent to the debtor along with an offer to pay the resulting debt. If no action is taken in response, the order is sent to the bailiffs for execution.

Most often, bailiffs contact the bank where the debtor has an account. At the request of the bailiff, the existing amount of debt for electricity or water will be written off from the account automatically, without the consent of its owner. However, management companies prefer to act in a way that gives faster results: limiting or completely cutting off electricity for debts. This is also legal and less troublesome.

Will the lights be turned off for rent arrears?

The pay slip for a utility includes not only electricity, but also many other services. Limiting or disabling some of them is impossible in principle. It is prohibited by the rules for the provision of utility services to limit those on which the possibility of using residential premises depends. This list includes heating during the cold period, cold water supply and sewerage. But it is permissible to turn off electricity for non-payment, as well as gas and hot water.

Resolution No. 354 states that the right to disconnect the service is exercised in case of non-payment. To do this, representatives of the management company seal the relevant equipment, both outside the debtor’s apartment and inside it. In other words, it is legal to turn off the lights for accumulated debts on electricity, water - on water supply, etc.

In this case, do they have the right to turn off the electricity if a debt has been incurred for heating? Yes, they do, since all utility networks inside the house are the responsibility of the management company, and not the electricity supplier. This is part of the very utilities for which the debt has accumulated. In addition, in winter, turning off or limiting heating is impossible by law. To shut off the water, it is necessary to seal the equipment inside the apartment, where its owner has every right not to allow outsiders. It is much easier to carry out work in a distribution cabinet outside of private territory.

At what amount of debt can electricity be turned off?

As a measure of influence on debtors, some management companies post information in the entrances about the amount of debt of a particular apartment. The amounts reflected in such advertisements reach two tens of thousands of rubles. This kind of debt has been accumulating for years. However, you should not take this information as a guide to action.

The law allows turning off the lights for non-payment of utilities already when they have not been paid for two months.

However, it is not necessary that they come in a row. We are talking about an amount equal to twice the monthly payment. Previously, it was possible to accumulate debt by paying a small amount each month. This path is no longer available. As soon as the amount of debt exceeds a certain threshold, the management company has the right to begin restrictions.

Is it possible to do without shutdowns? If the debt for utilities has not yet accumulated, but the apartment owner’s income does not allow him to pay in full on time, you should apply for a housing subsidy. This is a monthly payment prescribed by the social security service for six months. Receiving it will allow you to avoid accumulating debts until your own financial situation is improved.

How it all happens

To turn off the lights, debtors are prescribed a strictly defined restriction procedure. First comes a written warning. This could be a registered letter, a notice delivered against signature, an email or a telephone call from an auto-informer. From the moment of receipt, the owner has 10 days to repay the debt. The method of making the payment does not matter, the main thing is to meet the deadline. In the absence of such a warning, all further actions of the management company will be illegal.

Can the power be turned off if 10 days have passed and the debt has not been paid? Yes, but the management company is waiting another 10 days. This is the maximum possible delay. Then the master comes, switches the lever or disconnects the wire in the distribution cabinet located on a common staircase or landing, locks and seals it. In new homes, you can limit the supply of electricity remotely, using special equipment.

After disconnection, it will be possible to access the service only if the debt itself is paid and work on suspension and resumption is carried out. By law, all costs associated with disconnecting and restoring the supply of utilities disconnected for debts are borne by the homeowner. The amount can be included in the next payment or paid in advance through the bank.

How to achieve full resumption of services

To receive a full set of utility services without restrictions, you must pay off the resulting debt. This is an indispensable condition. In the next 24 hours after receiving information about the payment, the supply of electricity will be restored in full.

If finances do not allow you to do this, then you can try to negotiate with the management company. An agreement is concluded with the debtor on the restructuring of his debt, indicating the terms of full repayment and the amount of the monthly payment. As a rule, this requires paying at least 50% of the existing debt at once, but other options are also possible.

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

Our lawyer can advise you free of charge - write your question in the form below: