By law, management companies have the right to turn off the light if a person violates the terms of the apartment. The debt for electricity due to the fault of citizens is very large, therefore, a preventive measure with a blackout is considered acceptable in case of malicious non-payment.
The management company can take various measures to get the debtor to pay. Turning off the light is one of the extreme. This is what management companies are guided by in such matters:
- Debt is calculated not by counters, but by the average monthly rate. And when an amount equal to three or more monthly average rates is reached, the Criminal Code proceeds to action.
- The debtor will be sent a notice in a certified letter to be handed over personally.
- Before proceeding to punitive measures, the Criminal Code will give the debtor 30 days - this is the period for paying debts.
- If the debtor has not resolved the problem within 30 days, he will be sent a repeated certified letter - a notification that the light will be turned off after 3 days.
The Criminal Code has no right to turn off electricity for debts without warning. If this happens, the debtor can appeal against the actions of the management company.
Legal and illegal punishments of debtors
According to the law, the Criminal Code is obliged to warn citizens about a possible power outage for debts. Such a warning should contain:
- the period for which you can pay off the debt - those same 30 days;
- mentioning when and how penalties will take effect.
UK can turn off the light in whole or in part. At the same time, they send an electrician who seals the meters and cuts off the electricity. And this seal can be removed only when the debt is paid. If the debtor cannot immediately pay the entire amount, he has the right to apply to the Criminal Code and ask for an extension.
By law, when the light is turned off, the management company is obliged to draw up an act. There is no established form for him, but the act itself is mandatory. Moreover, in 3 copies, each of which must be signed by the Criminal Code and the debtor. If the act was not drawn up or was done incorrectly, it is considered that the light was turned off illegally, and the debtor has the right to sue the management company. It is possible to appeal against the power outage even if the Criminal Code did not send a notification of the power outage to the debtor.
That is, the actions of the management company are illegal if there was no notification or did not draw up an act on the fact that the light was turned off.
What can be done
If the management company did everything according to the law, and the debtor was left without electricity, he has two ways:
- pay the debt right away;
- ask for an extension.
An extension must be requested in writing from the local power company. It is impossible to refuse this request according to the law, and every citizen has the right to a delay. When it is approved, you need to take the certificate and take it to the management company. There you will have to pay about 1000 rubles, and then wait for an electrician to turn on the light.
