If your apartment is divided into shares, the issue of utility bills is often raised between the owners. It can be especially difficult to resolve a dispute if one of the owners is unwilling to pay the rent. What to do in this case.
Instructions
Step 1
Until 2005, the Housing Code was in force in the country, which provided for the possibility of separating personal accounts. However, now the Russians do not have such an opportunity. All issues related to the ownership and payment of shared property are regulated by the Civil Code. According to article 247 of the Civil Code, all contracts for the possession and use of shared property are concluded by agreement of all participants, and if an agreement cannot be reached, one should go to court.
Step 2
If you want to pay for the apartment separately, first try to find out all the issues peacefully without involving the courts. For example, one of the shared owners can independently pay all receipts, and then demand from the other owner of the apartment to return 50% of the amount paid. If the second owner refuses to return the debt, file a lawsuit.
Step 3
Article 249 of the Civil Code says that each owner is obliged to participate in the payment of taxes and any other payments in proportion to his share. However, there is no single law regulating the procedure for the division of personal accounts in Russia. If you cannot reach an agreement with the second owner, contact the company that provides you with utilities. Explain the situation and ask to open different billing accounts so that different receipts are sent to your name and the name of the second owner. Payment is calculated in accordance with the allocated share. So, for example, if the second owner has one room in a three-room apartment, he must pay one third of the utility bills. The number of people registered in the apartment does not matter. If the second owner does not agree with this decision, prove the case in court.
Step 4
Remember that when using shared ownership, the rights of each owner are even less than if you lived in a communal apartment. They are limited by the civil code, and you must certify the achievement of any agreements on the right of use by a notary.
