The manager made poor quality repairs to the entrance

Let's consider a situation where the ceiling in the bathroom periodically gets wet. And not only does it get wet, but a trickle of “fragrant” water periodically rolls down the sewer riser.

There may be several reasons for this phenomenon. Maybe the neighbors are using the washing machine to create a pool on the floor? Therefore, you need to go to them and inform them about the leak.

It is also possible that condensation is abundantly deposited on their pipes. In this case, let them install condensate collection devices.

The third reason is that pipes are leaking in the interfloor ceiling.

If the neighbors did not have a flooded floor and the problem is most likely in the condition of the common building plumbing equipment, the first thing we do is write a statement to the management organization about the poor condition of the water supply or sewerage utilities.

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How to write an application correctly

The claim is not a standardized document. It serves as a tool for business communication between citizens. The country's legislation does not provide official forms and samples for filing a complaint about the quality of housing and communal services.

Write applications to the Criminal Code in free form, based on established practice and general rules of business writing. The claim is formatted in the standard way: header, title and main part.

The header consists of the full name of the management company, its address, the surname of the director and the personal data of the applicant (full name, registration address and contact telephone number). The title of the document is placed at .

The main part consists of three typical blocks:

references to the legal aspects of the relationship between a citizen and the Criminal Code. Indications are inserted on specific clauses of the contract for the provision of utility services and regulations governing this area. For example, PP of Russia No. 354 dated May 6, 2011 on the provision of CG;
a list of violations recorded in the activities of the management organization. Indicate more facts: interruptions in hot water, heating is supplied to houses later than specified, the container site is overflowing with garbage, etc.;
requirement for the management company: restore the supply of utilities in full and quality, recalculate the accrued fee for their provision.

Confirm that everything is stated correctly by signing your name and date at the end of the paper.

Where to go if the management company is inactive?

Read how tariffs for utility services are set in management companies here.

Is it possible to change the management company for the house, read the link:

What is a sewer plug for debtors and how to remove it

Considering that the consumer-debtor has the right to legally not allow employees of the management organization into his apartment, it is problematic to prove the fact that the plug was removed. The tenant can always claim that he knows nothing about its fate and suggest that it was poorly installed and fell into the riser shaft itself.

Pneumatic

Universal . Since the damper is located at the outlet of the riser pipe, to which the toilet is connected through a corrugation, the easiest way is to remove the plug from the sewer by dismantling the plumbing fixture. To do this, unscrew the two screws securing the toilet to the floor, close the valve and disconnect the flexible cold water supply from it, after which the device is removed from the toilet room. Next, remove the corrugation and observe the plug itself in the short outlet pipe of the riser.

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There is a debt in court, payments were made to the current account, Zhilishnik demanded to be transferred to the transit account. They won the trial. They paid 12,000 to the bailiffs and installed a plug. The notification was by registered mail. Is there a law protecting disabled people from such actions?

Without warning, a plug was installed on the sewer.
They put a plug on my sewer REU, is it legal or not?
Do I have to pay the management company for installing a cap on the sewer?
How much of my debt can I pay to have the sewer caps removed?
For non-payment of housing and communal services, they can put caps on water and sewerage.
Can they put up plugs for non-payment of housing and communal services? For water and sewer?
They installed a plug on the sewer, if I remove it myself, is this legal?
Sewer drain plug
Sewage on the street

Advice from lawyers:

Unauthorized connection to centralized water supply and sanitation

- (as amended by Federal Law No. 118-FZ of July 14, 2008) (see the text in the previous edition) entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles. (as amended by Federal Law No. 116-FZ of June 22, 2007) (see text in the previous edition)

You can even make a collective claim from the residents of the entire building. You can find a sample complaint on our website further down the article. An application for recalculation is submitted to the Criminal Code in the event of an erroneous calculation of payment for utility services.

What documents must be attached to the claim?

Important! To the claim submitted in writing, attach the available documentary evidence of violations by the management company:

opinion of an independent expert;
videos and photographs;
other papers.

In addition to evidence, attach copies of official documents regulating your relationship:

contract for the provision of services for the maintenance of apartment buildings;
service acceptance certificate;
payment cards;
warranty card for the service provided, etc.

Claim for poor quality repairs

In accordance with Art.

The main part contains requirements to eliminate the violation of the applicant’s rights and support his legitimate interests. The owner can offer his own way to solve the problem here and make a request for assistance. You can start the main part with the word “Please.”

29 of the above Law, the consumer, upon discovery of deficiencies in the work performed (service provided), has the right to demand that the defects in the work performed (service provided) be eliminated free of charge.

Based on the above and in accordance with Art. Art. 4, 29 of the Law of the Russian Federation On the Protection of Consumer Rights, I demand that the contractor be forced to carry out repeated repairs. Appendix: copy of agreement No. 1 dated March 1, 2020. March 1, 2020. _________________ /________________/ Complaint form to the Manager _________________________ (name of organization) ______________________________________ dated ____________________________________ (full name

applicant) Address: ________________________________ Claim for poorly performed repairs of household appliances _______________ _______ I entered into an agreement with your organization for the repair of household appliances, namely _______________________________________.

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Document submission methods

A claim regarding the quality of housing and communal services provided must be made in writing.

At the same time, there are several ways to deliver it to the management company:

personally. To do this, prepare a second copy of the complaint. The employee responsible for receiving requests will put his name, signature and incoming number on it. It will remain with you as confirmation of acceptance;
by registered mail. It would be a good idea to pay extra for notification of delivery. It will serve as proof of receipt of the letter by the representative of the management company;
electronically, if the management company has an official email address or application form on its website.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

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You need to refer to the Consumer Protection Law, namely Article 37.

So, for example, if some factor is not indicated in the calculation of the amount, it is necessary to indicate this in the counter-complaint and confirm it with copies of receipts.

Attention: If repairs have not been carried out, and they demand money from you for it, attach photographs proving the condition of the house.

Well, if you simply don’t know why to pay, mention the illegality of the collection and rely on the contract.

Important The introductory part contains the reasons for filing the claim.

This includes facts and circumstances, references to legislative acts.

Info You can start the main part with the word “Please.”

Should

Reasons for writing

The reason for writing and filing a claim for poor-quality provision of utility services can be any justified dissatisfaction with the service provided:

the goals for which the agreement was concluded have not been achieved;
a low quality service is provided that does not meet the terms of the agreement;
low-quality materials were used during the provision and the technology of their use was violated;
As a result of the provision of services to the residents of the house, damage to health and property was caused.

When making a claim, make sure that it has sufficient grounds. Without documentary evidence and obvious non-compliance with regulations, the claim will not be satisfied.

How to accept work

It is recommended to monitor all repair work carried out by the management company from the very beginning. All rules of the event must be followed. For example, when painting the entrance, all entrance doors in apartments must be covered with film. This is required so as not to spoil them with paint.

Within one day, the team is obliged to remove all construction waste that was left behind. It is prohibited to place it on the lawn. If residents notice that the rules are not being followed, they write an appeal to the housing inspectorate, as well as a complaint to the management company.

It is important to monitor not only the quality of work, but also compliance with deadlines. In addition, it is important to be careful when accepting work. If something goes wrong, but the residents sign the document, it will no longer be possible to eliminate the defect.

Legal requirements for the quality of services provided

The Law “On the Protection of Consumer Rights” provides for liability for the provision of services provided without complying with quality requirements. In Art. 29 and 30 spell out the process of regulating legal relations between the consumer of services and the contractor in the event of a claim from the former.

If the client is provided with a service of poor quality, he has the right to demand:

eliminating identified deficiencies. Payment of financial and time costs falls on the shoulders of the performer;
proportionate reduction of fees under the contract;
make the order again and pick up the original work;
payment of compensation for funds spent on correcting identified deficiencies by the client and third parties.

Please note! If the defects are eliminated during the main term of the agreement, then it is not subject to renewal. Otherwise, the contractor in favor of the client pays a penalty for failure to comply with the terms of the concluded contract.

If the contractor was unable to eliminate the defects before the end of the contract, the client has the right to terminate it and demand payment of compensation for losses incurred as a result.

The period for payment of compensation established by law is ten calendar days. Its size depends on the cost of the product or service and is regulated by Art. 24 Federal Law No. 2300-1.

It is necessary to make a claim regarding the quality of services provided during their acceptance or performance of work under an agreement concluded between the contractor and the customer. If the defects are hidden, then the client has the right to report them in writing within the period specified by law.

Demands regarding the elimination of identified defects can be submitted during the warranty period. If it is not in the contract, follow the law: 5 years for capital construction projects and 2 years for other work. The latter is equal to the period for filing claims for defects in consumer goods.

If the contractor has established a warranty period, but it is less than that specified in the law, this does not relieve him of the obligation to correct identified defects or exchange the product if a manufacturing defect is detected within two (five) years.

In the absence of evidence of the occurrence of deficiencies due to the fault of the client during the operation of the facility, the contractor is responsible for the poor quality of fulfillment of obligations under the contract.

Watch the video. How to write a complaint correctly:

Complaint about non-removal of garbage in the yard

To the manager of _________________________________ (name of the management company) from ________________ (full name of the applicant) Claim I, ___________________________________, owner of apartment No.____, live in a building serviced by your organization.

As a provider of services for the maintenance of common property, your organization, regardless of the form of ownership and organizational and legal form, is obliged to provide the consumer with services that meet the quality requirements of mandatory standards, sanitary rules and norms, established standards and terms of the contract, as well as information about housing services. I fulfill my obligations under the contract regularly and pay for services for the maintenance of common property.

Cleaning of adjacent areas must be carried out at least once every two days for class 1 sidewalks, once a day for class 2 sidewalks, twice a day for class 3 sidewalks, based on clauses 3.6.10 - 3.6.13

“Rules and norms for the technical operation of housing stock”

, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170. Our local area has not been cleaned for a significant period.

Time limits for consideration of a claim on its merits

The country’s legislation provides for the following deadlines for considering citizens’ appeals:

claim. According to Russian PP No. 354 of May 6, 2011 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings,” the response must be sent to the applicant within three working days;
complaint. According to Russian PP No. 731, the response period is ten working days;
statement, appeal. According to the Federal Law “On the procedure for considering citizens’ applications”, in this case the consideration period is one month.

Important! A refusal to satisfy the stated requirements must contain a reasoning part and refer to the provisions of the law.

Sample applications to the management company

» » » » Based on the current legislation of the Russian Federation (“Housing Code” of the Russian Federation, Decree of the Government of the Russian Federation No. 491 “Rules for the maintenance of common property”, an agreement concluded between residents and the management company, other normative and sub-normative acts) issues of maintaining the housing stock from state competence has been transferred to the level of interaction between the management company/other organizations involved in maintaining the building and the residents of an apartment building or other residential building. This applies to both technical communications (gas pipeline, water supply, electricity supply, and so on), and issues related to the infliction and compensation of damage within the framework of the interaction of the above-mentioned individuals and legal entities.

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Appeal to a judicial authority

The absence of an official response within the deadlines indicated above gives the client the right to file a claim in court. According to Art. 131 of the Code of Civil Procedure of Russia, the statement of claim must have the following structure.

Document header

It is located at the top of the sheet in the right half and contains the following information:

name of the judicial authority;
surname and initials of the judge;
personal data about the applicant (full name, address and contact telephone number);
information about the defendant (name of organization, legal address, name of director).

Before drawing up the paper, the plaintiff first finds out the name of the judge. Justices of the peace are most often assigned to specific areas with serial numbers.

Where can you get information about the name of the judge for the address of interest:

official website of the district court;
office (reception) of the court. The phone number can be found on the website or in the directory;
information stand in the courthouse.

If a claim is filed against a management company, its director will act as a defendant. In the header, after the information about the name of the management company, indicate the name of its director.

How to write a complaint against the Criminal Code to the Prosecutor's Office

A complaint to the prosecutor's office about the actions of the management company must contain the following information:

The header of the appeal indicates the body to which the complaint is addressed. Next, indicate the applicant’s full name and contact information. Also, the header of the document should contain information about the management company and the house it serves;
The word “complaint” is written in the center of the statement, then the essence of the problem is stated in detail. It is necessary to specify which clauses of the contract are not fulfilled by the management company, and which requests were sent by residents to solve the problem. It is necessary to describe what the management company’s response was to the residents’ requests;
after describing the essence of the problem, a request is indicated to employees of the prosecutor’s office to take measures regarding the actions or inactions of the management company;
there must be an appendix that indicates all the papers attached to the application;
Below is the date of submission of the appeal and the signatures of all interested residents.

The complaint can be submitted in person, or sent by registered mail with an inventory, or by filling out a special form on the official website. The period for consideration of citizens' appeals is 30 days.

ATTENTION! Look at the completed sample complaint to the Prosecutor's Office against the Criminal Code:

State duty when filing a claim

Art. 132 of the Code of Civil Procedure of Russia requires the plaintiff to pay the state fee for filing a statement of claim and attach a receipt to the statement. According to Article 135, the court is obliged to return the claim without consideration.

Remember! The amount of the duty is calculated based on the amount of the property claim:

claim price up to 20,000 rubles. 4%, but at least 400 rubles;
claim price up to 100,000 rubles. 800 rubles + 3% of the claim price minus 20,000;
claim price up to 200,000 rubles. 3200 rubles + 2% of the claim price minus 100,000;
claim price up to RUB 1,000,000. 5200 rubles + 1% of the claim price minus 200,000;
claim price from RUB 1,000,000. 13,200 rubles + 0.5% of the claim price minus 1,000,000. Maximum 60,000 rubles.

The amount of state duty for claims of a non-property nature is set at 300 rubles. If there is a demand to compensate for moral damage through an independent claim, the fee is not paid (Article 333.36 of the Tax Code of the Russian Federation).

How to sue the capital repair fund for damages for major repairs

Therefore, the reoperator is responsible to the owners for the actions of the contractor with the principle of full compensation for losses. The Supreme Court of the Russian Federation also explained the provisions.

It states that the regional operator compensates the losses of the owners in the amount of contributions made for major repairs in accordance with civil law. But we are talking not only about contributions from a specific owner, but about payments from all owners of all premises of all houses. 2383If the property of the owners in your apartment building was damaged due to major repairs, advise them on the following course of action: Drawing up an inspection report.

Specialists from your management organization will need to participate in the inspection. Damage assessment. Damage assessment is paid and done by a specialist. The assessment is carried out at the expense of the owner. Claim. You can try to offer the regional operator to voluntarily compensate for the damage in a pre-trial manner. Settlement of the dispute before trial.

Methods for filing a claim

You can deliver a statement of claim to the court in person or through a legal representative. The latter must have a document confirming his authority. You can get one from a notary.

If a citizen represents the interests of a legal entity, then a simple power of attorney is sufficient. A representative of an individual must have it certified by a notary.

The plaintiff who filed the claim in court remains in possession of evidence of this action. To do this, take a second copy of the application with you. On it, the receiving court employee will put the incoming number, date, signature, acceptance mark and his last name.

The statement of claim can be sent by Russian Post. The prepared papers are packaged and an inventory is made. It is better to send valuable correspondence with notification. In this case, the sender remains with a document about the contents of the shipment.

The inventory is compiled and certified by the postal service operator at the time the documents are accepted for shipment. In addition, the sender receives a receipt for payment of postal services.

After the district court employee receives the valuable parcel (letter), you will be sent a notification of delivery. It should be filled out in advance and attached to the back of the envelope.

Where not to complain

Often, residents themselves make mistakes by sending an application to the wrong place. As a result, they remain unconsidered.

Please note! There is no need to send complaints to the following authorities:

to the police - such an appeal will be returned with a note that the citizen has a civil dispute;
You can't skip authorities. For example, it is not recommended to write a statement to the regional prosecutor's office if an appeal has not yet been sent to the district office. The complaint will be pushed down, resulting in the complainant losing time;
to the governor's office. Such an appeal would be appropriate only if appeals to the housing inspectorate and the prosecutor's office did not help;
deputies - the applicant’s complaint will simply be redirected to another body.

There is also no point in complaining to the elder in the house. He does not resolve any issues regarding repairs, but can provide support in drawing up a collective complaint from residents.