My brother lives there but doesn’t pay rent. Should someone registered in an apartment pay for utilities?

Will the co-owner of the apartment have to pay the utility bills to you? Let's find out if this is really so.

Payment for housing and communal services in case of shared ownership

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Let's figure out what payment rules are stipulated in the regulatory documentation.

Legislation

house maintenance;
overhaul;
for consumed resources (gas, electricity, etc.).

If a person does not pay for housing and communal services on time or does not fully pay for them, then they are charged in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

Accrual is carried out for all overdue days. Such tariffs cannot be increased.

One of the owners does not pay utility bills

It is not always possible to live peacefully with your neighbors, especially if you have to share the same living space with them.

Often problems arise due to failure to pay utility bills by one of the owners. Is this issue solvable?

Personal accounts section

All owners can own and use the premises by agreement;
each participant will have to pay on a separate receipt, but payment is made to one personal account;
invoice receipts can consist of several invoices - for each owner.

To split the bill in this way, you should contact a representative of the management organization or HOA with a prepared application and collected certificates of ownership.

If one participant refuses to split payments, then you have the right to resolve this issue in court.

Liability for non-payment

What responsibility awaits apartment residents if one of the owners does not pay utility bills?

If you pay for services using a separate receipt, you will be able to prove that you are fulfilling your obligations in full. The debtor will be personally liable.

Is it possible to evict?

In the event that a citizen does not evict within the time period established by law, the decision to evict will be controlled by the authorized bodies.

The eviction procedure is described in. In case of termination of membership in cooperatives, the person will have to vacate the premises within 2 months from the date of such decision. If the cooperative is liquidated - from the moment of liquidation.

Recalculation if not staying

Certain types of utilities (which can be calculated in accordance with consumption standards) may be paid recalculated for the period when a person does not live in the premises.

The owner of a share of an apartment can do so for a time when he was not there or he actually has a different place of residence (during a divorce, moving to another premises).

Recalculation is made when submitting an application from a citizen who does not live in the apartment, upon presentation of a certificate of temporary registration in another facility.

The citizen attaches a photocopy of the receipt for repayment of the debt for utility bills regarding the premises where he lives.

You can recalculate at:

water (cold and hot);
electricity;
sewerage

If a certificate of residence in another apartment is not submitted, the person will be considered to live at the place of registration. Then receipts will arrive according to the number of homeowners.

Arbitrage practice

According to the law, the shared owner who does not live in the apartment must pay for the maintenance of the house, repairs and heating. Other services will be calculated depending on certain cases.

The participant is not obliged to pay for gas, electricity and water if he does not live, but a controversial situation may arise.

It happens that owners decide through the court the issue of collecting the required amount from the debtor. But it often happens that the management company independently goes to court. In this case, claims will be made against all owners.

If you have proof that you paid, then there should be no problem. In the absence of separate payment, it will be very difficult to defend this fact.

If you contacted the management company with a request to send a separate receipt to each owner, but received a refusal, you can file a claim in court:

the court will recognize such a decision as unlawful and will oblige the management company to enter into agreements with each participant separately, according to which the payment will be calculated in accordance with shares;
It happens that representatives of the management company do not agree with such a decision and file a lawsuit to appeal it. The court will refuse to satisfy the demands.

FAQ

What to do if there is a debt on utility bills due to the fault of the second owner of the apartment? What rules should former family members adhere to? Let's consider what to do in such situations.

How to attract a second owner?

Even if the co-owner of the apartment does not live in the premises, he is obliged to pay for the provided utilities.

Apply to the participant himself to repay the debt, and if he refuses, file a claim in court:

in relation to certain types of utilities (mentioned earlier), if they were not consumed, then the obligation to pay them does not arise;
the remaining payments must be made according to the size of their share of the premises in apartment buildings.

The limitation period is no more than three years.

Former family member

Let's look at the situation using an example:

Citizen Ivanov lives in the owner’s premises as a former family member.
The owner is demanding not only to pay for half of the housing and communal services, but also to carry out major repairs of the property, which is in the common possession of the residents of the apartment building.
Ivanov argues that such a requirement does not comply with the rules described in Article 39 and Article 158 of the Housing Code of the Russian Federation, which stipulate that the owner participates in the costs of maintaining common property objects in accordance with the share in the rights of common property. The citizen refuses to pay because he is not a shared owner.

Ivanov should come to an agreement with the owner, because he could simply be evicted as a tenant, having lost his rights to residential real estate.

If the shared owner of an apartment does not pay utility bills, this does not mean that his responsibility passes to you.

In accordance with legislative acts, you have the right not to repay someone else's debt, and if such a demand is presented to you, you can sue for extortion.

Video about non-payment

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

1) Since we 3 owners don’t live there, we don’t have to pay for water, gas, electricity, we don’t use it, we’ll only pay for heating and house maintenance?

2) When the house is demolished, the owners will be given apartments on the basis of a document of ownership, and will the 4th person be registered with one of the owners? Or will this, as they say, be his concern?

3) If the 4th person has lived for 14 years and has accumulated debt, can he claim some meters to be allocated to him?

4) If the 4th person is not the owner, but filed a lawsuit for the division of personal accounts, will her account be separated? After all, it’s just registered there?

Thank you in advance for your cooperation!

Answers

Pogodina Svetlana Nikolaevna Lawyer

Registered but non-residing owners must make only legal payments if they prove that they do not live in the apartment. Proof may be: Certificate of registration of stay at another address, rental agreement for residential premises, travel documents (if you left for another city).

To write off an already accrued amount, you need to submit a corresponding application to the Criminal Code, attaching copies of evidentiary documents to the application. You have the right to write off accruals for the last three years. New housing will be provided in your case only to the owners. We can advise you on the issue of providing registration to a 4th party if you provide additional information. In your case, the court will not split the bills.

One of those registered does not pay rent

I am the owner of an apartment, my brother and a 9-year-old child are registered in the apartment. My brother doesn’t pay rent.. What should I do? Can I sign him out and what documents are needed?.

Lawyers' answers (2)

In accordance with the Law of the Russian Federation dated June 25, 1993 N “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation,” the removal of a citizen of the Russian Federation from registration at the place of residence is carried out by the registration authority in the following cases:

Free legal advice:

change of place of residence - based on a citizen’s application in writing or in the form of an electronic document on registration at a new place of residence;

recognition as missing - on the basis of a court decision that has entered into legal force;

death or declaration of death by a court decision - on the basis of a death certificate issued in the manner prescribed by law;

eviction from occupied residential premises or recognition as having lost the right to use residential premises - on the basis of a court decision that has entered into legal force;

discovery of untrue information or documents that served as the basis for registration, or unlawful actions of officials when resolving the issue of registration - on the basis of a court decision that has entered into legal force;

Free legal advice:

change by the citizen specified in Article 6.1 of this Law of nomadic routes, as a result of which such routes began to pass beyond the boundaries of the municipal district, at the address of the local administration of the settlement of which he is registered at the place of residence, - based on the citizen’s written application with the attachment of the document specified in paragraph four of part two of Article 6.1 of this Law;

termination by the citizen specified in Article 6.1 of this Law of a nomadic and (or) semi-nomadic lifestyle - on the basis of a written application from the citizen;

identification of the fact of fictitious registration of a citizen of the Russian Federation at the place of residence - on the basis of a decision of the registration authority adopted in the manner established by the federal executive body authorized to exercise control and supervision functions in the field of migration.

Client clarification

please write what I can do. If your brother doesn't pay the rent. Thank you

Free legal advice:

Unfortunately, according to Part 3 of Art. 30 Housing Code of the Russian Federation The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided federal law or treaty.

So, regardless of who actually lives in your personal apartment, you must pay for it, and not the living family member, since you are the owner of this apartment.

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Free legal advice:

Some of the residents of the municipal apartment do not pay for housing and communal services. What to do?

according to paragraph 2 of Art. 69 of the Housing Code, family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. The capable family members of the tenant of a residential premises under a social tenancy agreement bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.

I would also like to draw your attention to the fact that tenants’ refusal to pay for the use of residential premises for more than 6 months may be grounds for eviction from a municipal apartment. In accordance with Art. 90 of the Housing Code of the Russian Federation, if the tenant and family members living with him for more than six months without good reason do not pay for housing and utilities, they can be evicted in court with the provision of another residential premises under a social tenancy agreement. If the court finds that the reason why people did not pay rent is valid, such a decision will not be made. If the court makes such a decision, the “evictees” will be provided with another room according to hostel standards: 6 square meters. m per person.

And if you don’t mind losing your four-room apartment. Then you can continue to pay nothing.

please check similar ones problems:

Is it possible to discharge family members who do not live in the apartment or force them to pay for housing and communal services? http://taktaktak.ru/problem/6873

Free legal advice:

The bailiffs seized the account due to debt for housing and communal services in the apartment where I am registered, but have not lived for many years. What to do? /problem/6974

How to reduce the amount of utility bills if only one person lives in an apartment, but they charge for four? /problem/7484

Hello dear Irina!

Unfortunately, I did not say that those registered in the residential premises are relatives or members of the same family.

Tell me, do I understand correctly that we are talking about residents of a communal apartment?

Free legal advice:

In any case, all tenants of residential premises are jointly and severally liable to pay for utilities.

Unfortunately, the new Housing Code does not provide for the possibility of dividing personal accounts, but you can apply to the Criminal Code with an application for dividing receipts.

If we are not talking about a communal apartment, but about an apartment where people who are not related are simply “registered”, it is important to know whether all of the persons registered in the apartment live in this residential premises? After all, if a person voluntarily leaves the residential premises, and his absence is long-term, in court he can be recognized as having lost the right to use this residential premises, which will lead to his deregistration.

In your case, one of the solutions would be the following:

you pay for all the owners, keep the receipts, and then file a lawsuit to recover the funds.

Free legal advice:

The owner’s obligation to regularly pay utility bills is established by the Housing Code of the Russian Federation and the RULES FOR THE PROVISION OF PUBLIC SERVICES TO OWNERS and users of premises in apartment buildings and residential buildings (approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354) - the full text can be viewed here http:// base.garant.ru//

Your status is not entirely clear - if you, for example, are the chairman of an HOA, then you can sue the debtors.

I am attaching to you a sample statement of claim for the collection of arrears of rent and utility bills (adjust it to suit your situation), you can also look at a sample of a similar statement of claim on the website http://www.krutoyarservis.ru/isk/12-zadoljnost.html

If you are also registered in this apartment and other residents also do not pay, then first try to resolve it peacefully, negotiate, then contact the management company, HOA, etc. in writing. So that the management company or HOA itself initiates legal proceedings against malicious defaulters.

Do you have any questions? Ask, the answer will follow immediately!

Free legal advice:

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Diana Tretyakova, expert

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One person hacked my friend’s page and posted personal photos from our correspondence on the Internet. What to do?

The former management company demands payment of the debt and adds penalties

Payment of utilities if a person is registered but does not live

Billing for utility services is regulated in accordance with Article No. 153 of the Housing Code of the Russian Federation. If the apartment is not used for living, then this is not a reason for evading payment of utilities, but in some cases it gives the right not to pay for them and recalculate.

Free legal advice:

If a person does not live in an apartment, must he pay utilities?

Does the cost of utilities change depending on how many people live in it? Yes, it changes, only the cost of rent and heating costs do not change.

How does a change in the number of registered people affect the rent? If one person was registered in the apartment, then, with an increase in the number of registered citizens, an invoice will be issued to him in direct proportion to the increase in the number of registered citizens.

Read about the procedure for recalculating utility bills here.

If one person was registered in the apartment, then the previously billed amount for gas, electricity, hot and cold water, sewerage and garbage collection must be multiplied by the number of recently registered people. Rent and heating costs will not change.

Free legal advice:

What is the threat if a person does not live and does not pay utilities? If a person is registered at one address and lives at another, utility bills will also be sent to him.

In order to pay utility bills only for those people who actually live in the apartment, it is necessary to obtain a certificate from the place where the person who does not live is located, stating that he lives and pays utility bills in another place.

Based on this certificate, you need to write an application to the housing office and to organizations that provide utility services.

What levers of pressure are there on a person who does not pay for utilities?

There are several ways to force registered residents to pay for housing and communal services: divide personal accounts, scare them by terminating the registration period, and sue the defaulter.

Free legal advice:

The first solution is applicable for relatives. The rest are applicable to the fight against tenants. The owner of the apartment has the right at any time to terminate accounting activities regarding those to whom he rents the apartment.

How to force registered people to pay for housing and communal services?

Based on Part 2 of Art. 61 of the Code of Civil Procedure of the Russian Federation, the court can make a decision and recognize the tenants as having lost their right and force them to pay. You will only have to prove by providing receipts with your signature that housing and communal services were paid by the owner of the apartment, and not by the people registered in it.

Recalculation of utility bills due to non-occupancy

For some utility bills, which are calculated according to the consumption rate per person, recalculation may be carried out due to the temporary absence of the apartment owner.

Thus, the owner, depending on the part of his share in the apartment, may ask to recalculate utility bills due to non-residence, or living at a different address.

Free legal advice:

The owner of the apartment, who does not live at this address, writes an application based on the provided certificate from the place of actual residence.

Also, the application must be accompanied by copies of all receipts for payment of housing and communal services from the place of actual residence and a certificate of residence at another address (certificate of registration).

Recalculation of utilities is carried out on the basis of Government Decree No. 307 (clauses 54–58 of Chapter 6) and is made for: cold and hot water, sewerage, electricity and gas, provided that the apartment does not have metering devices for the above services.

If the certificate was not provided, then it is considered that the owner of the apartment lives where she is registered, as a result of which all owners of the apartment will be taken into account in receipts for payment of utility services.

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Of course, utility bills are collected not at the place of registration, but at the real address of residence, this question arises often, the certificate may reduce the charges, but if we take into account that all utilities are now taken into account by consumption of water, electricity, communication services, I think the figures of charges will remain practically unchanged payment. Then why such a certificate?

my daughter is registered and lives in my apartment but does not pay for utilities

if your daughter lives in your apartment and does not want to help pay for utilities, then you can discharge her; if she does not want to be discharged voluntarily, then through the court.

Free legal advice:

Hello! You need to come to an agreement with her to pay the prisoners, threaten to write her out and evict her. You won't be able to force her to pay any other way. It will not be possible to reach an agreement, and if you are ready to evict your daughter, then evict her.

Hello! You have the right to file a claim in court to collect utility bills. De-registration is possible only through a judicial procedure. Based on the information you provided, it is difficult to determine the prospect of terminating the right to use your daughter’s apartment.

how to force a registered person to pay utility bills

In the Housing Law section, to the question those registered in the apartment do not pay, the best answer asked by the author of Calibri is All actions (deregistration, collection of debt can only be carried out by the owner of the property. He must pay his debts (maintenance of the house and heating) himself. and submit to Housing department documents confirming that he does not live in this apartment. They will recalculate him only for the last three years. The rest must do the same. You yourself will not be able to file a claim to collect the debt from the other residents for the utility bills you paid. They will not They authorized you and did not enter into an agreement for payment by you. It was your good will. So, it’s up to you to solve this problem with your father. They should have installed the meters long ago.

Collect in court the amount of debt owed to you from those who are registered and do not pay.

Free legal advice:

Sue them, everyone will come to live at the place of registration. Then you will understand why you can live in peace.

Com. services per person are charged only for water, sewerage and gas, the rest is charged per square meter. m total pl. apartments. Install meters.

Article 292. Rights of family members of owners of residential premises

1. Members of the owner’s family living in residential premises belonging to him have the right to use this premises under the conditions provided for by housing legislation.

Members of the owner's family who are legally capable and limited by the court and who live in the residential premises belonging to him are jointly and severally liable with the owner for the obligations arising from the use of the residential premises.

Free legal advice:

Article 323. Rights of the creditor in case of joint and several liability

1. In case of joint and several obligations of debtors, the creditor has the right to demand performance both from all debtors jointly and from ANY OF THEM separately

Article 324. Objections to the creditor’s claims in case of joint and several liability

In the case of a joint and several obligation, the debtor does not have the right to raise objections against the creditor’s claim based on relations of other debtors with the creditor in which this debtor does not participate.

Article 325. Fulfillment of a joint and several obligation by one of the debtors

Free legal advice:

2. Unless otherwise follows from the relations between joint and several debtors:

1) the debtor who has fulfilled a joint and several obligation has the right of recourse against the remaining debtors in equal shares minus the share falling on himself;

Based on the above provisions of the law, it follows that you will have to first pay the debt, after which you will go to court to collect the debt from them.

than paying for 5 people, it’s cheaper to install meters and all problems will be solved

Is it worth it to quarrel with the owner of the apartment in which your family lives? Well, you will sue... You may even be able to collect something (in parts, in installments.). But at the same time, tomorrow your father will simply kick out your husband (as unregistered). Do you want that? The apartment is privatized in the name of my father - why? Have you signed a waiver of privatization?? ? Father is the owner. Maybe sell it... and the new owners will easily evict you. And you will go rent a house... How's the prospect? Isn’t it better to say thank you to your family for letting you live in a separate apartment with your family, install meters and not show off?

Demand that the extra ones be discharged. If they are not discharged, write an application to the court to declare the person to have lost the right to use the residential premises and to be deregistered.

Your dad is the owner of the apartment and this is the main thing, the fact that you are registered does not give you almost any rights.

1. You don’t pay either, the receipts come in his name.

2. When the debt accumulates, the HOA or management company sends a claim to it, your cold water and electricity will be turned off. It will become difficult to live there.

There is a solution and it’s simple: let everyone sign out except you and the child, and the dad will remain the owner. But it’s difficult to implement; I think your relatives will be afraid to be discharged.

If you persist, Dad will get tired of it and he’ll write you out of the apartment.

they can provide proof that they don’t live in the hut

and they will charge less

firstly, install meters for water, gas, electricity (of course), this will reduce the amount of payment, and just as they have already written to you, inform the housing office that only you, your husband and your child live there

All registered persons bear joint liability when paying for the commission. payments, unless otherwise agreed, and is secured by the relevant agreement.

Section VII. PAYMENT FOR RESIDENTIAL PREMISES AND UTILITIES

Article 153. Obligation to pay for residential premises and utilities

1. Citizens and organizations are obliged to pay for housing and utilities on time and in full.

2. The obligation to pay for residential premises and utilities arises from:

1) the tenant of the residential premises under a social tenancy agreement from the moment of conclusion of such an agreement;

2) a tenant of residential premises of the state or municipal housing stock from the moment of conclusion of the relevant lease agreement;

3) the tenant of residential premises under a rental agreement for residential premises of the state or municipal housing stock from the moment of conclusion of such an agreement;

4) a member of a housing cooperative from the moment the housing cooperative provides residential premises;

5) the owner of the residential premises from the moment the right of ownership to the residential premises arises.

You can force payment by filing a claim in court.

There is another way out - going to court to determine the procedure for paying the company. services, according to your share in this property.

if housing is in social hiring, then the same thing, but on the basis of clause 4 of Art. 69 Housing Code of the Russian Federation

Article 69. Rights and obligations of family members of a residential tenant under a social tenancy agreement

4. If a citizen ceases to be a member of the family of the tenant of the residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The said citizen is independently responsible for his obligations arising from the relevant social tenancy agreement.

You can force it in court. But part of the rent (water, gas, garbage removal) can be recalculated in the manner determined by Decree of the Government of the Russian Federation No. 307. If they didn’t do this, it’s their problem, but then let them pay. Your statement alone is not enough, that they do not live, you need confirmation

Divide what you paid for three years by 5, and collect 35 from the rest. In this case, they will have to prove in court that they do not live in the apartment, with testimony

Collect in court for the last 3 years.

Try to evict them through court. Although this will not work with the father if he is the only owner.

Isn’t it easier to pay rent than for rented housing? write a statement to the housing office that those registered temporarily reside in another place, you will not be charged the lion's share for them

Is it possible not to pay rent, and what happens if debt accumulates?

In recent years, Russian legislation has been repeatedly tightened in order to eliminate or minimize non-payment and delays in utility bills.

The size of the debt for utility bills nationwide amounts to hundreds of billions of rubles. We’ll talk about what happens if you don’t pay rent in the article.

Read about the timing and frequency of checking gas equipment in residential buildings here.

Is it possible not to pay rent?

Payment of provided utility bills for residential property (rent) is the responsibility of the owners of residential premises and responsible tenants.

Non-payment of rent is not permitted, and persons who are late in monthly utility payments are held administratively liable.

Legislative regulations of the issue

Payment of utility bills and collection of overdue payments is regulated by:

Art. 155 Housing Code of the Russian Federation;
Decree of the Government of the Russian Federation No. 354;
Federal Law No. 307-FZ of November 3, 2015.

Who should be responsible for replacing the sewer riser in the apartment? Find out the answer right now.

Safe period

How long can you go without paying rent without consequences?

Without any special consequences, you can not pay utility bills for 3 months.

During this period, no sanctions will be applied to the defaulter.

The only thing that threatens the defaulter during these 3 months is the accrual of a daily penalty after the expiration of the monthly period for the obligatory payment in the amount of 1/300 of the refinancing rate from the 31st to the 90th day of delay and 1/130 of the rate after the 91st day of delay.

The total amount of penalties for the year can reach an amount equal to 2-3 months of apartment payments.

What awaits the debtor?

What happens if you don't pay rent? If the debt on utility bills exceeds 3 months, the defaulter receives a notification from the management company about a possible restriction in the provision of utility services within 30 days.

If during this time the defaulter does not repay the debt for utility services, then the management company has the right to suspend the provision of services at the specified address without a court decision and apply to the courts with a demand for debt collection.

If the court makes a positive decision, a procedure will be launched to collect debts on utility bills.

Is it legal to charge for intercom every month? Find out about this from our article.

Consequences of non-payment for owners

For owners of privatized apartments, debt collection threatens an inventory and forced sale of property. After the inventory of the property, the owner is given the last opportunity to repay the debt within 5 days.

If the defaulter does not repay the debt, then the described property is seized and sold.

Also, the owner of a privatized apartment faces confiscation of wages and other sources of income to pay off the debt.

Implications for council housing tenants

For council housing tenants, the consequences may be more serious than for property owners. In addition to the measures applied to owners, the tenant faces forced eviction from the occupied living space.

By law, such measures apply to debtors whose debt exceeds 6 months.

In this case, the tenant and his family members are provided with municipal housing based on the minimum social norm (6 m2 per person).

According to the law, relocation cannot be carried out if the housing from which the tenant is being evicted is the only one available for the defaulter and his family members.

Information on the procedure for replacing hot and cold water meters can be found on our website.

Are there legal ways?

There are few legal ways to avoid paying utility bills, but they still exist. In the event of a long trip, the owner or responsible tenant can apply to the management company with an application to suspend the provision of utility services at the appropriate address and recalculate accrued payments.

The period for which the recalculation of utilities is issued ranges from 5 days to 6 months.

If the duration of departure is longer, then after the expiration of the 6-month period the owner must contact the management company with a repeated application, which can also be submitted by mail.

Upon return, you must visit the management company again and submit an application for recalculation of accrued payments. The only services that will have to be paid in any case are expenses for general house needs and heating.

To complete the recalculation, the owner must provide documents confirming absence from the place of residence (travel documents, sick leave, travel certificate, etc.).

In the same way, you can arrange a recalculation of utility bills if the owner does not live at the specified address.

In this case, the owner of the residential premises must provide the Criminal Code with temporary registration at another place of residence and receipts for payment for services at the specified address.

Another way not to pay utility bills for a certain period is to arrange an installment plan or deferred payment with the management company in the case where it is the provider of utility services.

Registration of installment plans or deferment of payments for utility services is not guaranteed by law and is possible only with the voluntary consent of the management company.

What to do if registered citizens do not pay the fee?

Responsibility for timely payment of utility bills lies with the owner of the residential premises or the responsible tenant of municipal housing.

Therefore, citizens registered at the address who do not pay rent are a problem for the owner or tenant of municipal housing. Collection of debt for utility bills from persons registered in residential premises does not apply.

Even if the owner rents out housing to persons temporarily registered at the address, and the rental agreement stipulates the responsibility for payment of rent by the tenant, then for the Criminal Code and the judicial authorities the owner of the property remains the defaulter.

Thus, timely payment of utility bills is a legally established obligation of residential property owners or municipal housing tenants.

If these categories of persons evade or do not pay rent, they may be prosecuted by the judicial authorities of the Russian Federation in an administrative manner until the debt is paid in full.

What happens if you don’t pay for housing and communal services? Find out about it in the video.

I have a difficult task ahead of me: to share with my sister the Moscow apartment that we inherited from our parents. We are heirs in equal shares, and each has another home of our own. Because I did not agree to give my sister my share of the inheritance, she refused to pay the rent and repairs to the heating system, which had fallen into disrepair and threatened to flood the neighbors.

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

Lawyer's answer:

Co-owners bear the burden of maintaining housing in proportion to their share of ownership, regardless of whether they live or not in this apartment, that is, they are required to pay rent (Clause 4 of Article 30 of the Housing Code of the Russian Federation).

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

The same applies to utility bills. If a person is not registered and does not live in an apartment, then he just needs to submit to the Housing Office (or the Criminal Code) a certificate of his actual place of residence, and he will be exempt from paying for gas, water and sewerage. You will have to pay for heat anyway.

You can collect debt from your sister only for the last 3 years. But in the future, you have the right to determine the procedure for making rent payments. You should submit an application to the housing office (or management company) to conclude a separate management agreement with each of you. Submit your application in two copies. Your application must bear the number of the incoming document, stamp, date and signature of the official who accepted and registered it.

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

Some other answered questions from the “Housing Legislation” section:

Three years ago, a cohabitant entered into an agreement to purchase an apartment in a building 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 died suddenly. They lived with their mother in a privatized apartment, registered in their mother’s name. Now she is seriously ill. I am the only daughter, I live separately in an apartment privatized for 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 the whole debt at once, or I’ll evict you 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 a 1/2 share?

I am registered in the apartment of my former mother-in-law. The apartment is in Moscow, not privatized. My husband and I have been divorced for more than 4 years. We don't live together. Does my mother-in-law have the right to write me out of the apartment?

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

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

Separated from his wife. She voluntarily went for permanent residence to join her son in Israel. She did not check out of our municipal Moscow apartment. Absent for 12 years, doesn't pay rent...

My son and I own an apartment that was privatized before his marriage. His ex-wife and seven-year-old son are registered in our apartment. We helped our son's ex-wife buy an apartment with a mortgage after a divorce...

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

The ex-husband has not paid rent since 2006 and has not paid alimony since 2009, especially since he is hiding in the Republic of Chuvashia. How can we deprive him of 1/4 share in the shared apartment?

We live in a non-privatized apartment, the responsible tenant 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 with 1/2 share, she wants to register her child and at the same time asks for a house register. Do I need a house register when registering? And will the child claim my share?

My father was the owner of a privatized apartment in Moscow. Six months before his death, he met some woman and began to live with her. A couple of months later he registered her at his place of residence...

How to evict a girl from public housing? She has not lived in an apartment for about 10 years. He pays utilities on time, but does not participate in landscaping and repairs...

Other Q&A topics:

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

Why do 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 existence of ownership of the property. If it belongs to the municipality, registered citizens must pay, based on the terms of the rental agreement. The opposite situation is a privatized apartment. The owner, not the registered citizen, must pay for it. You can force him to pay for utilities only by concluding an agreement in advance.

Registration in an apartment is only a fact of registration of a citizen at the place of residence. He is not required to live in an apartment. This is the main reason for non-payment of rent. The fact is that, in fact, a citizen can live in another property, forgetting about fulfilling his duties. If close relatives are registered in the apartment, then as a rule they are the ones who pay for all services without demanding money from the defaulter.

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

However, ambiguous situations occur when citizens cannot divide payments among themselves, while one of the parties refuses them. Basically, this happens between ex-spouses and brothers and sisters. In most cases, the problem is hidden in the fact that only one party lives in the apartment, while forcing the other to pay.

Example. Brother and sister Smirnov inherited a two-room apartment from their parents. Ownership is divided equally between them. A sister lives in the apartment, while her brother is in another city. Despite this fact, the woman demands payment for utilities from him.

In fact, whatever the reason, a citizen registered in municipal or private housing is obliged to pay rent for an apartment, even without living in it. Another question is whether all services must be paid for? Let's discuss this a little below.

What utilities must the person registered in the apartment pay for?

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

Cold and hot water supply.
Gas supply.

If the apartment has individual metering devices, and the citizen does not live in it, he is not required to pay. However, here it is necessary to prove the fact of non-use of the premises. This may have to be done in court.

An exception to metered payments is rent. It is calculated based on the total area of the apartment, but can be divided among registered citizens.

If there are no meters, payment is made 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, the registered citizen will have to pay for the services or be discharged, avoiding further charges.

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

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

As for registered minors, their parents pay for utilities. It is impossible to refuse payments on legal grounds. 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 standard to the fullest.

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

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

If the apartment has meters for electricity, gas and water, and 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 the property. This ensures that there are no problems with taking readings and charging payments based on average data.

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

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

Despite the absence of citizens registered in the apartment, payment for heating, major repairs and rent must be made in full. It doesn’t matter whether someone lives in it or not. These services are calculated based on the total area of the premises. It is impossible to refuse them.

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

If the residents of an apartment do not want to pay for a citizen who is registered but does not live in it, they should separate their personal accounts. However, this can only be done if the person registered is one of the owners of the apartment.

Owners of privatized housing, if they agree to separate personal accounts, must:

Obtain documents from Rosreestr indicating the share of each owner.
Contact the management company with an application and title documentation for each share.

After receiving the documents, each owner’s share will be assigned a personal account. Subsequently, separate receipts arrive, which the owner must pay.

If one of the owners does not want to split the personal account, the other party has the right to sue. At the same time, it is possible that a decision will be made not only in favor of dividing accounts, but also allocating 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 property.

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

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

According to current legislation, the owner of the property, and not the persons registered in it, is obliged to pay utility bills. Thus, an apartment may belong to one person, but a completely different person lives in it and refuses to pay. In such a situation, when considering a debt collection case in court, the defendant will be the owner of the property. For his part, he can try to force the registered citizen to pay the debt and request his discharge in court.

Example. Slepchuk I.L. is the owner of a three-room apartment. The woman lives with her family in another region, so she registered her brother and his family in the property. A few years later, Slepchuk received notice of the commencement of legal proceedings. It turned out that during all the years of living in the apartment, my brother did not pay utilities. According to the court, the woman was forced to pay the entire amount of the debt.

Cases like this are quite complicated. Court decisions on them are unpredictable. The owner must file a claim for small amounts, up to 100 thousand rubles, in the magistrate’s court. It must be accompanied by proof of the registered person’s residence in the apartment.

What happens if the registered person does not pay rent?

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.

If they refuse to pay, they may face:

Setting fines.
Accrual of penalties.
Disconnection from services.
Seizure 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 their apartment by setting a time frame. At the same time, they will still try to collect the debt in court.

With privatized apartments everything is a little more complicated. As mentioned above, the owner is responsible for them. The penalties described above also apply to him. At the same time, he himself has the right to demand the eviction of tenants and their discharge from the apartment.

Conclusion

What to do if registered citizens do not pay rent? It is impossible to give a definite answer to this question, since it depends on a number of individual factors. Ownership of real estate plays a huge role in solving the problem. If a registered citizen owns a share, he is obliged to pay utilities. Otherwise, it will be difficult to collect debts from him. Residents registered in a municipal apartment will not be able to legally refuse to pay utility bills. If they have a large debt, they face forced eviction. Any issue can be resolved in court.

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

1. This is the situation: we live in the same apartment with my grandmother, brother and parents. For 3 years my parents have not paid for housing and communal services, the debt is growing. We pay our share with my grandmother. We don’t want to be left without housing. Where to go?

1.1. It is necessary to go to court to have the parents discharged, since the debt goes towards the apartment and therefore, even though the grandmother pays her share, the debt grows not towards the parents, but towards the apartment. Therefore they need to be written out. To reduce the quar fee and eliminate the duty.

1.2. It is necessary to prepare a claim for eviction, and you can also force the other two to pay their share of utilities in accordance with 31 of the Housing Code.
Contact us and we will help
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2. My brother and I are the heirs of the apartment, he hasn’t lived in it for a long time, should he pay for part of the heating and for his share? Thank you.

2.1. Yes, he is obliged to bear the costs of utilities and other payments - this is directly provided for in Art. 153 Housing Code of the Russian Federation.

2.2. Good afternoon

Will be obligated to pay after he enters into inheritance rights.

3. Non-privatized apartment. My brother and I are registered there. He lives in it. He doesn’t pay rent, and won’t pay. Does not work. I work officially and the bailiffs remove all debts from me. My brother has been living without documents for several years. Even if he arranges the apartment and sells it, he won’t agree to that either. That is, he drinks and walks around there, and I pay for it. How should I deal with him? can I force him out or what.

3.1. Good evening, sue him to recover part of the payment for housing and communal services. You can also check out of this apartment, but at the same time you will lose the right to the apartment. You can sell part of your apartment, even if you are renting. It will be very difficult to evict my brother.

3.2. Good afternoon

You must have a social tenancy agreement, which spells out the rules for living in municipal housing.

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

Invite the local police officer several times and document your antisocial lifestyle.

Only after this is the case for eviction.

4. I still have a housing and communal services debt from my brother because he didn’t pay the rent, and now the apartment is on me, and the debt is 35,000 and I have to fly out next week on a business trip, I’m a military man.

4.1. Good afternoon

You can contact the management company and enter into an agreement to pay off the debt in installments according to the schedule. Either resolve this issue in court, again through a settlement agreement, or by a court making a decision to collect the debt through 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 the debts are transferred along with the apartment.

4.3. Have you already entered into inheritance rights?
Then you need to either pay the debt or notify the management company of your intention to do so.
If you haven’t joined, then claim your rights and go on a business trip. You will deal with debts after entering into an inheritance and returning from a business trip.

4.4. Moving around Russia while in debt is not prohibited. If you travel outside of Russia, then you are obliged to report to your command about the presence of debt with the bailiffs. However, if the management company did not bring a claim against you as an heir, then you do not yet have a debt with the bailiff. Look for yourself on the FSSP website. Changing an individual entrepreneur’s participant through the court under 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 discharge a brother from the apartment who does not live and does not pay for housing and communal services. Am I the only owner of the apartment?

5.1. Hello, Ekaterina!
You can discharge 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 approach the issue of filing a claim competently.

5.3. By the tribunal's decision. But we need to look at your documents. Contact me I will help. STD assistance on our website. Russia has such a service.

5.4. Contact the court with a claim for deregistration.

5.5. Through the court;
Housing Code of the Russian Federation Article 31. Rights and obligations of citizens living together with the owner in residential premises belonging to him

""1. Family members of the owner of residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family.
""2. Family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safety.
""3. Members of the family of the owner of a residential premises who are capable and limited by the court in their legal capacity are jointly and severally liable with the owner for the obligations arising from the use of this residential premises, unless otherwise established by agreement between the owner and members of his family.
(as amended by Federal Law No. 49-FZ dated April 24, 2008)
(see text in the previous “edition”)
ConsultantPlus: note.
Part 4 art. 31 does not apply to former family members of the owner of privatized housing who at the time of privatization had equal rights with the owner, unless otherwise established by law or agreement (Federal Law of December 29, 2004 N 189-FZ).
""4. In the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family. If a former family member of the owner of a residential premises has no grounds for acquiring or exercising the right to use another residential premises, and also if the property status of a former family member of the owner of a residential premises and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use the residential premises owned by to the specified owner, may be retained by a 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 residential premises to provide other residential premises for the ex-spouse and other members of his family, in whose favor the owner fulfills alimony obligations, at their request.
""5. Upon expiration of the period of use of residential premises established by a court decision taken taking into account the provisions of Part 4 of this article, the corresponding right to use the residential premises of a former family member of the owner is terminated, unless otherwise established by agreement between the owner and this former member of his family. Before the expiration of the specified period, the right to use the residential premises of a former family member of the owner is terminated simultaneously with the termination of the ownership right to this residential premises of this owner or, if the circumstances that served as the basis for maintaining such a right have ceased, on the basis of a court decision.
6. A former member of the owner’s family, using residential premises on the basis of a court decision made taking into account the provisions of part 4 of this article, has the rights, bears the duties and responsibilities provided for in parts 2 - 4 of this article.
7. A citizen using residential premises on the basis of an agreement with the owner of this premises has rights, bears duties and responsibilities in accordance with the terms of such agreement.

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

5.7. You can legally recover payment for housing and communal services for the last 3 years. You need to draw up a statement of claim, attach payment receipts with your signature there, submit it to the court, and then go to meetings. In the future, you can also divide the bills for housing and communal services in court. With proper legal support in court, such cases are considered successful.

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

6. The heir’s brother does not pay the rent and interferes with the exchange. We have two objects: land and apartment. It is possible to exchange shares through the court. 89772715806

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

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

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

6.4. Alexey, if these objects are inherited, then under certain circumstances specified in the law, division in court is possible even in the absence of the brother’s consent. To understand whether this option is possible in your case, you need to know all the details, starting from the date of opening of the inheritance.
If you have questions, you will have to call the lawyer yourself at the phone number indicated under the answer.

7. I have a three-room apartment. We are 5 people. My family is 4 people. and brother. Doesn't pay rent. He's acting up in the apartment. She often called the police. Now he is sitting. File a criminal case against him. He was jailed for 2 years. I want to ask, while he’s in prison, I want to sign him out of the apartment. Because he does not allow my family to live in peace. Lenam was exhausted. He is a bully and does everything out of spite.

7.1. Hello! You didn’t indicate who the owner of the apartment is or is she on social rent? In any case, deregistration of a person without his consent is possible only by a court decision.

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

8.1. 1. bring a common-law “wife” deprived of maternal rights.- will not succeed due to the lack of your consent.
Call the police immediately.

2. Go to court with a claim 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, it means he is also the owner, in this case, he cannot be evicted and he can bring anyone there. Of course, you can divide the bills into two different owners and collect them from them, but I don’t think this is effective.

9. How to change the personal account from my name to my brother (the second owner) if he does not pay the rent, only me since 2003. Now I have debts and the arrest of my social card, where the child benefits are. Now I’m expecting my 3rd child, I can’t work, and I can’t pay off the debt either.
What to do?

9.1. Changing the name on the account will not solve your problems. You need to divide your personal utility bills.

10. In the apartment, 3 are registered (Mom, Me (23 year old daughter), mother’s brother) Brother did NOT pay for utility bills and, as a result, there was a utility debt, which was divided between all of us and the Cards were seized. The apartment is not privatized. Question: when the apartment is privatized, I will transfer my share to my mother, will the debts that I now owe for utilities also go to her? Or will it remain with me?

10.1. Good afternoon. The debt will remain solidary (common) for all three. After privatization, you can, by agreement or in court, determine payment for housing maintenance and utilities using separate payment documents.

11. Can I sign my two brothers out of the apartment if they don’t pay rent? services? They don’t want to be discharged voluntarily. If so, where to start?

11.1. Hello, dear visitor to the site, if they are not the owners, then you can write them off 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 the owners and do not live in the apartment, you can recognize them as having lost the right to use the residential premises by filing a claim in court at the last known place of residence of the defendants.

12. How to force my brother to pay for his parents’ apartment, in which he lives, but won’t let me in.

12.1. Hello,
The management company must force you to pay utility bills. 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, can I 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 it in a month if there is no intention on your brother’s part to buy this property.
Article 250 Civil Code -
2. The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it.

14. My brother doesn’t pay the rent.

The brother does not live and does not pay rent. Municipal apartment. My brother and his son are registered in the apartment. The brother and son do not live in the apartment. I tried to check out of the apartment, the court rejected the claim because... I found my brother's interest in the apartment. It comes to me to bear the burden of the apartment alone. How to force your brother to pay for utility bills?

14.1. Hello, go to court and recover from him the amount of money that he was obliged to pay. The amount of debt is divided into three, if only you pay, go to court, attach proof of payment and demand that others be recovered in proportion to their debt. By the way, you can also try splitting the bills.

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

If a person is constantly absent from a municipal apartment and does not fulfill his duties, then you can try to discharge him in court if there are grounds for this.

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

15. If a person has died, no one lives in the apartment, do housing and communal services have the right to charge a fee for the removal of dry waste "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, but how do they know about non-residents? This applies to utilities as well.

16. There are 3 owners in the apartment: me, my brother and my daughter.
My brother hasn’t lived for almost 10 years and doesn’t pay rent.
Now the apartment is for sale, my brother urgently demands money for his share.
Is it possible to write him out and does he lose his share after so many years?

16.1. Hello.
You will not be able to write him out, nor will you be able to sell the apartment without his consent. You won’t be able to deprive him of his property either, so you will have to pay part of the money from the sale.
Best wishes.

16.2. Hello! If he has a share in this apartment, then he loses nothing.

Article 209. Contents of the right of ownership

1. The owner has the rights to own, use and dispose of his property.
2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.
3. 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 cause damage to the environment and does not violate the rights and legitimate interests of other persons.
4. The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

17. I have a brother who lives alone in a 3-room apartment, doesn’t work, drinks, feeds and pays rent to his mother, and when his mother doesn’t give him money for alcohol, he takes out quick loans. While the mother is there - she then pays for everything, when she is gone - there will be no one to repay debts for loans and for rent, and collectors will probably come after him and demand money or property. 1/3 of the share in this apartment is mine. Question: when our mother passes away (she is already 85 years old) and the division of property begins, will I receive my share in the apartment, or can it be taken away entirely for the debts of my drunken brother? And will they not charge me for this debt (for his loans and for the debt on the apartment), since I will also be the owner of this property? Or would it be safer for me to refuse the inheritance altogether, so as not to get into debt myself? Please answer me on the website, I’m not always available by phone, I’m at work all the time.

17.1. Good afternoon to you.
Dear Anastasia, in this case, I advise you to contact any lawyer in private messages with this question to receive full advice on your questions.

18. My brother drinks and doesn’t pay rent and is rowdy. What can be done.

18.1. ---Hello, dear visitor, go to court and recover payment from him for housing and communal services, for which you have already paid for him. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

18.2. Yana. Good afternoon. If you need detailed advice, you can contact me by email. mail.
. You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

19. There is an apartment. Equal shares with my brother. I don’t live there, I’m just registered. They don’t pay for utilities, the heating debt is all on me because... There is nothing to take from him (enforcement proceedings have already been opened) what is the best way to get rid of the share? Should we draw up a contract for the sale and purchase of my share in his name with the condition that he assumes the payment of the debt, or can we draw up a gift agreement with the same condition that he assumes all the utility debts?

19.1. Hello, Maria Vladimirovna!

You can draw up any agreement. The only thing is that the purchase and sale agreement implies that you must receive payment for your share in monetary terms. The notary will not indicate such a condition in the gift agreement, so you will have to collect the debt from him and then enter into transactions. Or pay off debts and donate a share.

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

20.1. Good afternoon
To resolve this issue, you need to go to court with a statement of claim to determine the procedure for paying for housing and communal 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 us in private messages or make an appointment.

20.2. In court, this amount will be recovered from both of you.
They may limit the supply of energy, water, gas, etc.
If you fail to comply and accumulate large debts, you may be relocated to other housing...

21. What should I do if my brothers don’t pay rent and lose their license?
s and I'm crying.

21.1. Good afternoon 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. You can determine the procedure for paying utility bills in court. You can pay and then also collect their shares from the brothers in court.

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

22. My brother hasn’t paid his utilities for 5 years. Can I ask the court to seize his share of the apartment for debts? I paid with a bank card.

22.1. Hello. Do you want to go to court with a claim to collect from him the debt you paid for utility bills? You can ask, the rest is at the discretion of the court.

23. My brother refuses to pay for the utilities of the inherited apartment for the period of six months until he formalized the inheritance, what should I do?

23.1. Hello. You can pay for utilities yourself, and then recover part of the paid amount from him in court.

23.2. If you are heirs, you are obliged to pay according to the inherited shares - Art. 249 Civil Code of the Russian Federation
you pay, and then collect from him in a recourse manner.

23.3. Hello, Nelly.
In your situation, you should pay the utility bills yourself, and then collect them in court from your brother.

24. My brother hasn’t paid rent for a long time. There was a debt of 110,000 rubles. I paid it off based on a peaceful decision that he would repay the debt. 6-7 months passed, of which he paid 20 thousand rubles. Now he refuses to pay any more.

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

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

24.3. Good afternoon File a claim in court and recover the missing payments from your brother through recourse. Good luck to you 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 regarding this circumstance.

25. I left the orphanage to go to my brother’s apartment. He did not pay for utilities, and a debt accumulated. A notification came with a proposal for restructuring. Can I start paying off the debt without concluding a restructuring agreement, given that until the age of 23 I am in the category of “orphans” citizens?

25.1. ☼ Hello,
You can start paying off the debt, but ideally first enter into an installment plan for utility bills
I wish you good luck and all the best!

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

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

25.4. Of course, you can pay off the debt without concluding such an agreement. It is advisable to enter into an installment agreement, otherwise access to utilities may be limited.

25.5. Good day to you. If they offer you restructuring, then they are meeting you halfway and I advise you to agree.

25.6. Your status does not affect debt obligations. The debt must be repaid in any case. Concluding an agreement to pay in installments will protect you from possible sanctions (for example, from a power outage).

26. My brother got out of prison, doesn’t work, doesn’t pay rent, how can he be evicted? The apartment is privatized.

26.1. Good day!
If the brother is the owner, then no way.
If the brother is simply registered in the apartment, this 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 claim with the court for termination of the right to use the residential premises in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation. The fee is 300 rubles. Based on the court decision, the Federal Migration Service removes the defendant from the registration register.

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

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

26.5. If the apartment is privatized, including for your brother, then you will not be able to evict him. If your brother refused to participate in privatization, then you cannot evict him either
If these circumstances do not exist, then you can evict by filing a claim in court under Article 131 of the Civil Procedure Code of the Russian Federation.

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

26.7. Hello Oksana. Please clarify 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 entry into force of the Housing Code of the Russian Federation,” you will not be able to evict him.
One can only recognize him as having lost the 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 may file a statement of claim in the district court against the defendant - the person specified in the question. The court will recover the costs of a lawyer from the defendant.

27. Tell me, can housing and communal services charge a monthly fee for water and sewerage if no one has lived in the apartment for 5 years, there is no water meter, and no one uses it? What if they take it?

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

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

28.1. Hello.
Do you consume electricity? This means that they are obliged to pay for it, including general house needs. Nobody will pay anything for you.

29. My brother doesn’t pay rent for the apartment... there are three owners in it, he, his wife and our father. By a court decision (apparently, we don’t know this), my father’s Sberbank card, which receives his pension, was blocked. My father hasn’t worked for a long time and lives only on his pension... what should I do?

29.1. Hello, The management company collects debts for utility services from all owners and the court in its decision determines joint and several liability and therefore can collect the debt from any debtor

I wish you good luck and all the best!

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

29.3. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other requests containing information about violations of laws.

30. I can’t share personal accounts with my brother.. I paid for the apartment but he doesn’t pay.. what should I do? Tell me?

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

30.2. Collect from your brother a share of the cost of heating and maintenance. If the IPU is not established and the brother is registered, then the share in the payment of the company. services.
The personal account is not divided. It is possible by agreement or in court to determine the share of the cost of housing and utilities. services, then you will receive invoices separately.

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

31. Do we have the right to charge a fee for one service if we are not currently living in an apartment and do not use electricity?

31.1. Hello.
You are obligated to pay the ODN only based on the fact that you are the owner of the apartment. Whether you live in it or not in fact does not matter.

31.2. Good afternoon They have the right to take, in any case, the owner of the property is obliged to 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 established practice of its application, now non-residence does not exempt you from communal services at all.

31.4. If you are the only one registered at your place of residence, you will also have to pay for one. Good luck. Thank you for visiting the 9111 website.

32. The older brother hasn’t paid rent for five years. He’s drinking.

32.1. Hello!
The rent arrears may be collected from your brother 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 procedure for use in court, and then separate the personal accounts.

32.3. If your brother is not the owner of the apartment, you can deregister him, but if he has a certain part of the property (it needs to be allocated), you can deprive him of his ownership rights (if it is insignificant) by paying compensation in cash, of course, all this is done through the court.

33. On the basis of what documents can a person not be charged 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 citizen’s place of residence is the place of his registration, without registration, until the contrary is proven.

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

33.3. Julia. Good afternoon. If a person is registered but temporarily resides at a different address, he must submit temporary registration and a certificate from his/her spouse. etc. Writes a statement and asks not to collect.
You can always find a way out of any situation. Good luck to you and all the best for the outcome of your case.

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 this legal?

34.1. It is legal to give, in accordance with the amendments made to the Decree of the Government of the Russian Federation No. 354-2011, and which came into force on February 1, 2017, in the absence of metering devices, and in the absence of registered persons in the apartment, payment is received according to consumption standards based on from the number of owners of a given residential premises.

35. Apartment in shared ownership with my brother. He hasn't paid for it for many years. Now divided into 2 parts. Although there were 2 additional people registered in this apartment. Is it possible, according to the court, to divide the amount into 4 parts and he would pay for them himself, and accordingly I would pay 25% myself.

35.1. Hello! We need to look at who moved the tenants into this apartment. Owners of premises bear shared responsibility for paying utility bills in proportion to their shares. If the tenants were moved in by a brother, then his 1/2 will be divided into three (him and two tenants)
In accordance with paragraph 11 of Art. 155 of the Housing Code of the Russian Federation, non-use by owners or other persons of the premises is not grounds for non-payment of utility bills.

36. My brother is the owner, but he doesn’t live in the apartment and hasn’t paid for utilities for 7 years; if he checks out, he will have some rights to the apartment.

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

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

37. I have the following question. Is my brother's wife obliged to pay com. services for an apartment in which she is not registered, but uses everything, and if she cannot, then can I prohibit her from using utilities?

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

37.2. You generally have the right to go to court to evict her. 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 with a mortgage, but my wife’s brother became the borrower, I am a co-borrower and my wife, only I paid for it, now we are getting divorced, what should we do about payments, continue paying, they won’t enter into any negotiations with me, no one is registered in the apartment , the spouse lives, but she has other housing. Is there any way out or is this a tight trap?

38.1. There is a way out. If property is registered in her name, then you need to file for division on the basis of Art. 38 IC 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 IC RF.
The common property of the spouses can be divided between the spouses by their agreement. An agreement on the division of common property acquired by spouses during marriage must be notarized.
It doesn't matter that she has her own place to live.

38.3. There is only one way out - dividing the property in court or drawing up a division agreement.

RF IC, Article 38. Division of common property of spouses

1. The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the case of a creditor’s request for the division of the common property of the spouses in order to foreclose on the share of one of the spouses in the common property of the spouses.

38.4. Hello, you didn’t write the most important thing, who is the owner of the apartment. If it's your wife's brother, then things are bad. It is unlikely that you will be able to prove that you actually bought the apartment. Accordingly, you cannot divide it. In such a situation, the only thing you can do is to recover from the borrower - your wife's brother - the money that you paid to repay the loan. At the same time, 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 registered in the name of a 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. You will have ownership rights to a share in the apartment only after paying off the mortgage in full. Therefore, all you have to do is pay further (you signed the agreement) and take over a share of ownership or the entire apartment if your wife and her brother refuse to pay the mortgage. So it's not that simple.

39. My mother and I live with my brother, he is 20 years old. He doesn’t work, doesn’t pay rent, and sits on our necks. Constantly brings guests. Is it possible to solve this issue?

39.1. What exactly are you interested in? You won't be able to make it work. You can recover from him part of the money contributed towards the payment of the Civil Code.

40. My husband’s brother was in prison for more than 4 years, of course he didn’t pay rent, but as always! That I may not pay for it or maybe some part may not be paid! And where can I write it out so as not to pay for it in principle? He's a drug addict and doesn't live with us. Thank you.

40.1. Hello.
The owner has the right to write a person out as having lost the right to use residential premises by filing a statement of claim 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 decision. If, nevertheless, he is the owner of the apartment, it is impossible to write him, but you can separate the personal accounts.

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

41. I want to ask if my younger brother doesn’t work. How can I get him to work and pay the rent?

41.1. You can't force it to work. You can submit an application to the court to determine the procedure for paying for housing, then everyone will receive a separate receipt for payment.

41.2. Of course, it’s difficult to make him work if he doesn’t want to. But payment for housing and communal services for an apartment can be divided through the court and you will receive separate bills.

41.3. Hello! There's no way to force it. If you are the owner of an apartment, you have the right to file an eviction claim in court.

41.4. Hello, Julia. There is no way you can force it; forced labor is prohibited in Russia. You can legally recover from him his share of the rent.

41.5. You won't be able to make him work.
You can legally recover payment for housing and communal services for the last 3 years. You need to draw up a statement of claim, attach payment receipts with your signature there, submit it to the court, and then go to meetings. In the future, you can also divide the bills for housing and communal services in court. With proper legal support in court, such cases are considered successful.

41.6. Hello Julia! You can, through the court, divide the payments for the apartment, and also recover part of it from him if you pay for the apartment in full. Sincerely, STANISLAV PICHUEV.

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

42.1. Hello! You can force your brother to pay by going to court! With respect!
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 split the utility bills. You can also recover from your brother his share of utility bills. There is similar judicial practice.

42.3. Hello Olga! You can go to court with a claim to recover part of the utility payments from your brother, and you can also split the utility payments. Sincerely, STANISLAV PICHUEV.

43. I lived in an orphanage for 4 years, my brother went missing, I didn’t pay rent, I rented it out, I have two children, can I pay off the debt of about 150,000 with maternity capital?

43.1. Hello! No, you cannot pay off your utility debt using maternity capital, as this is not provided for by law.

43.2. No, you can't pay it off. This is not provided for by law, unfortunately.

Federal Law of December 29, 2006 N 256-FZ (as amended on December 28, 2016) “On additional measures of state support for families with children”
Article 7. Disposal of maternal (family) capital funds

1. The 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 the 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 Federal Law.
(as amended by Federal Laws dated December 25, 2008 N 288-FZ, dated July 28, 2010 N 241-FZ, dated July 28, 2012 N 133-FZ)

2. In cases where a child (children) has the right to additional measures of state support on the grounds provided for in parts 4 and 5 of Article 3 of this Federal Law, the disposal of maternal (family) capital funds is carried out by the adoptive parents, guardians (trustees) or adoptive parents of the child (children) with the prior permission of the guardianship and trusteeship authority or by the child (children) themselves upon reaching adulthood or acquiring full legal capacity before reaching adulthood. An application for an order may be submitted by adoptive parents, guardians (trustees) or adoptive parents of a child (children) no earlier than three years from the date of birth of the child, except for the cases provided for in part 6.1 of this article. If the right to additional measures of state support arose in connection with the adoption of this child, an application for an order may be submitted no earlier than three years after the specified date, except for the cases provided for in part 6.1 of this article. Disposal of the funds of maternal (family) capital, the right to which has arisen in a child (children) left without parental care and located in an institution for orphans and children left without parental care, is not carried out by the child (children) before he (them) reaches the age of majority or acquires full legal capacity before reaching the age of majority.
(as amended by Federal Laws dated December 25, 2008 N 288-FZ, dated July 3, 2016 N 302-FZ)
(see text in the previous edition)
3. Persons who have received a certificate can manage maternity (family) capital funds in full or in parts in the following areas:
1) improvement of living conditions;
2) education of the child (children);
3) formation of a funded pension for women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law;
(as amended by Federal Law dated July 21, 2014 N 216-FZ)
(see text in the previous edition)
4) purchase of goods and services intended for social adaptation and integration into society of disabled children.
(Clause 4 introduced by Federal Law dated November 28, 2015 N 348-FZ)
4. The disposal of maternal (family) capital funds can be carried out by persons who have received the certificate simultaneously in several directions established by this Federal Law.
5. The rules for filing an application for disposal, as well as the list of documents necessary to exercise 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 Federal Law No. 160-FZ of July 23, 2008)
(see text in the previous edition)
6. An application for disposal may be submitted at any time after three years from the date of birth (adoption) of the second, third child or subsequent children, except for the cases provided for in part 6.1 of this article.
(as amended by Federal Laws dated July 28, 2010 N 241-FZ, dated July 3, 2016 N 302-FZ)
(see text in the previous edition)
6.1. An application for disposal can 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 debt and pay interest for loans or borrowings for the purchase (construction) of residential premises, including mortgage loans, provided to citizens under a credit agreement (loan agreement) concluded with an organization, including a credit institution, as well as for the purchase of goods and services intended for social adaptation and integration to the society of disabled children.
(Part 6.1 was introduced by Federal Law dated December 25, 2008 N 288-FZ, as amended by Federal Laws dated July 28, 2010 N 241-FZ, dated December 29, 2010 N 440-FZ, dated May 23, 2015 N 131-FZ, dated November 28. 2015 N 348-FZ)
(see text in the previous edition)
7. If the funds of maternity (family) capital are disposed of in full by persons who have received the certificate, the territorial body of the Pension Fund of the Russian Federation, within the period specified in Part 4 of Article 6 of this Federal Law, notifies these persons of the termination of the right to additional measures of state support. Notification is made by the territorial body of the Pension Fund of the Russian Federation in a form that provides the possibility of confirming the fact of notification.

43.3. Hello, Olesya! Unfortunately, you cannot pay utility debts with maternity capital funds, as this is not provided for by law. Sincerely, STANISLAV PICHUEV.

44. My brother is registered and lives in my privatized apartment, but for two years he has not paid rent, he has accumulated a large debt, can I sign him out of the apartment by buying a room for him? Thank you.

44.1. Hello.
Decree of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (with amendments and additions)

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 the apartment indefinitely. You can agree with him on this matter, if he agrees, then he can voluntarily check out in exchange for a room.
So tell him that you have the right to collect from him in court his share of utility bills for the last three years.

45. My brother is the owner of the apartment, he doesn’t pay rent and doesn’t live there. Large debts have accumulated. I am registered in this apartment, because... I was married, I also didn’t live in this apartment, only our mother lived, who was retired and sick with alcoholism. Time passed and I got divorced. I returned with my minor children. I ask my brother to pay off the debts for the apartment together, but he says that he will not help. If I pay off all the debt on the apartment, can I sue my brother for not paying for anything? And the court will discharge him. Or he’s in charge, and I can’t do anything. Thank you in advance.

45.1. Hello, if you pay off the entire debt, you will be able to legally demand the recovery of part of the debt from your brother. You cannot remove him from the registration register, since he is the owner of the apartment.
Good luck and all the best.

45.2. You can remove your brother from the registration register only on the basis of a court decision, as well as collect expenses for utility bills, divide personal accounts for payment separately in the future. Enter into 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 him and remove him from the registration register of the apartment, since he is the owner of the apartment. If you pay off the debts for him, you can collect the debt from him in court.

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

46. My brother doesn’t pay rent. Already 4 years. What can be done? The apartment is not privatized.

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

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

46.3. File a statement of claim in court, recover half of the amounts paid. You can either draw up a statement of claim yourself in accordance with Article 131. Form and content of the statement of claim, or order it in a personal message to any website lawyer of your choice. Good luck to you.

46.4. If the brother does not pay the rent, the debt will be collected in court. If you don't want to sue, pay your debts for your brother. In the future, through the court, you can collect the paid debts from his share.

47. Please tell me, if my mother privatized the apartment for her brother, but he does not pay the rent, what can you advise?

47.1. Oksana, the apartment has an owner - your brother. If he does not pay the rent, then the management company will collect the accumulated debts from him.

48. For 10 years now, my brother has not paid rent for the apartment; he brought his wife and child to live in his part; we have a 3-room apartment; my mother is a pensioner; while I was working abroad, I paid for the apartment for about 5 years, although I didn’t live there. How to make them flesh?

48.1. Ask the management company to calculate utility bills for three years (the statute of limitations) to the present day, for each defaulter. Collect your receipts confirming your payment (make copies). Contact a lawyer about writing a statement of claim to recover the amount from them by way of recourse.
You can always find a way out of any situation. Good luck and all the best to you!

48.2. Good afternoon, dear Victoria
Divide your personal accounts, and you can collect the apartment debt through the court. Please contact the legal team of site 9111 in a personal message.

Good luck to you and your loved ones!
__

49. My brother and I live in the same apartment on social security. he is hired, he regularly drinks alcohol, does not pay rent, steals things and food, which he exchanges for alcohol, pisses on himself, stinks, etc., and I have young children. I want to check him out of the apartment. How can I do this and is it even possible?

49.1. Good afternoon In this case, it is necessary to file a claim with the court for termination of the right to use the residential premises in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation. The fee is 300 rubles. Based on the court decision, the Federal Migration Service removes the defendant from the registration register.

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

49.3. Judicially. In accordance with paragraph 1 of Art. 3 of the Code of Civil Procedure of the Russian Federation, an interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests.
To file a claim, 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 will pay for your utilities. When the brother does not pay for utilities for more than 6 months, there is a chance to evict him. The question of eviction is complex. Contact a lawyer for help.

50. My cousin is rowdy, doesn’t pay fees and doesn’t live, the apartment is not privatized, he registered his underage daughter, what else should I do?

50.1. The cousin is rowdy, doesn’t pay fees and doesn’t live, the apartment is not privatized, he registered his underage daughter, what else should I do?
Separate payment documents and evict him for non-payment of utility bills.

My brother lives there but doesn’t pay rent. Should someone registered in an apartment pay for utilities?

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What utilities must the person registered in the apartment pay for?

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

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

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

What happens if the registered person does not pay rent?

Conclusion