How to sue a management company

In what cases can you get by with a complaint against the Criminal Code?

The first step in resolving the conflict should be pre-trial procedure. This means that before contacting any authorities, you should negotiate with the management company yourself. The most effective way is a written complaint.

How to file a complaint to the management organization? Ask a lawyer and get detailed advice by phone or leave a request on the website - we will call you back within just 15 minutes!

As a rule, the Criminal Code tries to respond to the complaint with active actions, as a result of which both parties come to a consensus. But if the required response cannot be achieved, then the next stage is a complaint to government agencies. No less effective way than suing the Criminal Code.

Rules for filing a claim

The statement of claim for the Criminal Code is submitted in writing; it can be handwritten or printed on a computer. You can submit it in person at the office of the district court against signature or send it by mail, with a list of the contents and a notification of delivery.

In accordance with the requirements of Article 131 of the Civil Procedure Code, the claim must include:

• The name of the judicial authority that will consider the claim;
• Full name and place of residence of the defendant;
• Name of the management company, full name and position of the manager, legal address of the organization;
• Description of the circumstances as a result of which the applicant’s legal rights were violated and links to documents that confirm these circumstances;
• An indication of the articles of laws that were violated by the Criminal Code and the plaintiff’s claims;
• Cost of claim. Additionally, a calculation of the amount that needs to be disputed or recovered from the management company is provided;
• Information about attempts made to resolve the dispute out of court;
• List of documents attached to the application.

Where can I complain?

• to the Housing Inspectorate , which, based on the complaint, will conduct an inspection and bring the perpetrators to administrative responsibility;
• in Rospotrebnadzor - a body that protects the rights of consumers (in this case, recipients of services from the management company), conducts inspections and, if violations are detected, imposes serious sanctions;
• to the prosecutor's office , which is authorized to receive all complaints received from citizens and carry out the necessary operational actions.

Documents attached to the claim

What documents can confirm the legality of the applicant’s claims?

• certificate of ownership of the apartment (sale and purchase agreement, right of inheritance, privatization agreement);
• agreement with housing and communal services for the provision of utilities;
• receipts and checks certifying timely payment of utilities;
• a copy of the claim sent to the management company or other controlling organization;
• a copy of the management company’s response to the claim;
• any documents that certify a violation of the rights of the apartment owner (violation of the terms of the agreement with the management company, specific articles of the Law “On the Protection of Consumer Rights” and other regulations);
• calculation of the amount that the plaintiff demands to recover from housing and communal services;
• receipt of payment of the state fee for filing a claim;
• power of attorney for the plaintiff's representative in court, certified by a notary.

In what cases is it better to immediately sue the management company?

In cases where the material interests of residents . In other words, when it is necessary to receive monetary compensation from the management company.

For example , due to the fault of the management company, a car in the courtyard of a house was damaged due to fallen dead wood. What to do? Who will pay for the repairs? Of course it's the culprit. In this case, the management company was obliged to eliminate a potentially dangerous object, but did not do so. And if, in response to your demand for compensation for damage, the Criminal Code does not respond, delays payment, or refuses, then the only sure way is to go to court. Another common violation on the part of management companies is overestimating payments for utilities. If the management company does not agree to recalculate, then you can sue the housing and communal services.

Important! According to the norms of the current legislation, you can complain to the court about the Criminal Code if YOUR rights are directly violated. This means that if a dead tree fell on a neighbor’s car, then only the neighbor can file a claim against the management company.

Sample statement of claim to court against the Management Company (housing office, homeowners' association, housing department)

Sample statement of claim to the court against the Management Company (housing office, homeowners association, housing department) to protect the rights of consumers in the field of housing and communal services (housing and communal services)

If your claims and complaints have no effect, and you want to bring the matter to an end and punish the perpetrators, you can go to court against the Management Company (housing office, homeowners' association, housing department).

In addition, at present, claims whose amount is less than 50 thousand rubles are considered by magistrates, and they consider claims individually and much faster than district courts. You can file a claim at your choice at your place of residence, at the location of the defendant, or at the place where your rights were violated. To go to court, you need to write a statement of claim (in a number equal to the number of persons involved in the case, plus one for the court).

For information of consumers! If you live in Kazan and want the Consumer Union of the Republic of Tatarstan to defend your interests in court free of charge, send your appeal through our online reception.

Cost of claim ____________

Statement of claim

(about improper performance of housing and utility services, payment of penalties and compensation for moral damage)

Since “___” _____, I have been living (or am the owner of an apartment) in a house served by the defendant (order dated ____ No. _____, or agreement dated ____ No. ____), or certificate of ownership dated ____ No. _____).

As a provider of public services, the defendant, regardless of departmental affiliation, form of ownership and legal form, is obliged to provide the consumer with services that meet the quality of the terms of the contract, the mandatory requirements of standards, sanitary rules and norms, established standards, as well as information about public services in accordance with Art. 4, 8-10 of the Law of the Russian Federation “On the Protection of Consumer Rights” and Section V of the Rules for the provision of utility services.

In accordance with Article 7 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the consumer also has the right to ensure that utility services are safe for his life, health, and the environment, and also do not cause harm to his property.

Consumer properties and mode of service provision must comply with established standards (specify as necessary):

a) for heat supply - air temperature in residential premises, subject to the implementation of measures to insulate the premises in accordance with current standards and regulations;

b) for power supply – parameters of electrical energy according to the current standard;

c) for cold and hot water supply - hygienic requirements for the properties and composition of the supplied water, as well as the estimated water flow at the point of collection;

d) for sewerage – wastewater disposal standards;

e) on gas supply - safety rules in the gas industry.

According to the rental agreement (for service), I fulfill my duties - I pay for utilities on time. The defendant performs his duties improperly.

Inadequate execution resulted in ______________________________.

My claim from ____________________________ to eliminate the deficiencies within the period before __________________________ was left unsatisfied by the defendant (partially satisfied).

a) eliminate deficiencies in the provision of public services free of charge using their own resources and means: _______________________;

b) compensate me for losses in the amount of ___________________________ rubles;

1. Statement of claim for the defendant;
2. A copy of the claim and proof of its sending;
3. Copies of acts, conclusions (if available).
4. Copies of documents confirming expenses.
5. A copy of the receipt for payment of housing and utilities.

READ ON THE TOPIC:

The court ultimately decided to satisfy the claim of the Consumer Union of the Republic of Tatarstan and ordered the Housing and Communal Services Management Company of the Privolzhsky District to eliminate all existing violations.

Often among consumer complaints there are complaints about housing and communal services: untimely or poor-quality solution to the problem. There is also absolute inaction when residents have to solve problems with water, electricity, heating, and gas on their own. The greatest indignation is that, regardless of the quality of the utilities provided, we constantly pay for all of this.

The issues of managing apartment buildings in the housing and communal services sector are among the most pressing for residents of modern megacities, and the population of Kazan is no exception.

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How to file a statement of claim in court against the Criminal Code?

The statement of claim consists of several parts:

1. “cap” (name of the court; data of the plaintiff (representative of the plaintiff); data of the defendant; data of third parties (if any); information about the power of attorney for the representative of the plaintiff),
2. main text of the application (statement of the circumstances of the case; evidence confirming the circumstances of the case; price of the claim),
3. requirements (justified from the point of view of legal norms),
4. signature of the plaintiff, his representative.

Important! Unlike a complaint, a statement of claim to the court for housing and communal services, compensation for damage, etc., is drawn up in strict accordance with the requirements of the law. Claims must be clearly formulated and justified, indicating specific articles of the law. Evidence is an integral part of the statement of claim.

Contact a lawyer if you need to file a claim! We have prepared especially for those who are dissatisfied with their management company. They will provide you with qualified assistance and prepare the necessary procedural documents for the trial with the Criminal Code in strict accordance with the rules of the law. This ensures that your claim is accepted and your claims are met.

Call + or leave a request for a call back from our specialist! We will help you!

How to win a case?

Suing the management company is only half the battle. Litigation still needs to be won. Most cases are quite individual, but there are a few tips that will help you sway the court's opinion in your favor:

• Be careful when collecting evidence. You can order independent examinations, conduct independent inspections, take photographs or videotape violations, as well as interview witnesses - all this can be very useful to you in a dispute in court with the management company;
• File class action lawsuits. To do this, team up with the residents of your building who are also affected by the violations and write a joint statement of claim. This is much more difficult, but your application will be considered more carefully, and your chances of a successful outcome will increase significantly;
• Request legal assistance. A housing lawyer will help you draw up a statement of claim, prepare case materials, and create an effective defense. His very participation will significantly increase your chances of success.

How to behave in court?

There are several options for behavior in court. Most often, the applicant continues to stand his ground, proving in every possible way the guilt of the management organization. However, in the case when it becomes obvious that the management company is only partially to blame, it makes sense to make concessions and soften your demands.

If it becomes clear that the case cannot be won, then it is worth stopping and offering the court a peaceful solution to the conflict, making a compromise. A peace agreement can take into account the demands of all parties involved in the case and end the litigation.

Possible court decisions in a case of violations of the law by the Criminal Code:

• The applicant's requirements are fully satisfied. In this case, it is worth sending the court decision to the bailiffs for execution. This is especially true if it is necessary to recover material or moral damage. After this, the case is considered closed because all claims have been satisfied;
• The claims were partially satisfied. The plaintiff has the right to either agree with the decision or file an appeal. An appeal to a higher court will be considered only if there are serious grounds for punishment by the Criminal Code;
• The decision was made in favor of the defendant. If the applicant does not agree with it, then you can either write a new claim with new requirements in relation to the Criminal Code, or file an appeal to the regional/regional court (if the claim was initially considered by the district court).

Reasons for going to court when flooding

In accordance with the law, the person responsible for causing harm is obliged to compensate for the costs of restoration. The culprit can pay for repairs or restore it himself (by agreement of the parties).

In some cases, a situation arises when the parties do not come to an agreement. If a common solution is not found, the victim has the right to go to court to recover costs.

A prerequisite for going to court is evidence of the defendant's guilt. Funds will not be recovered if the court still has doubts about the guilt of the other party. Therefore, it is necessary to carefully prepare for the process in advance.

Procedure for collecting compensation for damage from flooding of an apartment:

1. Contact the management company.
2. Drawing up an apartment occupancy certificate.
3. Attempt at pre-trial settlement.
4. Carrying out damage assessment.
5. Carrying out an examination.
6. Going to court.

Important! If the statement of claim contains adequate requirements and is based on the results of the examination, then the court will cooperate. However, this is not a guarantee of quick payment. Funds can be collected only from official income (pension, salary), but not more than 50% of the monthly amount.

Proving the amount of damages and filing a claim

According to clause 14 of Resolution No. 14, compensation is subject to the cost of destroyed property, costs of restoration or repair of property damaged as a result of a fire or during its extinguishing, as well as other losses associated with the fire (clause 2 of Article 15 of the Civil Code of the Russian Federation).

Losses are determined in accordance with Art. 15 of the Civil Code of the Russian Federation and include real damage and lost profits.

The amount of damage caused is confirmed by any available evidence:

• description of the remains (in the fire report or expert opinion);
• an appraiser's report or an expert's conclusion (in the case of a merchandising examination ordered by a court) indicating the amount of loss of value;
• documents confirming the acquisition of property (invoices, receipts, etc.);
• conclusion of the audit commission (inventory act), act on write-off of property;
• witness statements, etc.

In the statement of claim (a sample is available at the link: Statement of Claim to Court), it is necessary to focus on the fact of the fire, the causal connection with the fire on the defendant’s territory, and documentary evidence of the amount of damages. In the motivation part it is necessary to indicate Art. 15, 1064 Civil Code of the Russian Federation.

A document template that can be processed into a full-fledged claim is available on the website at the link: Sample claim for compensation for damage from a fire.