The Expert Community for Bathroom Remodeling

Who owns the repair in the apartment. Repair of a non-privatized apartment of the tenant: at whose expense are the replacement of windows, pipes? Acceptance of hidden works as a way to control repairs

about me and my team

Stroganov Kirill

I have been in the renovation business for over 15 years. The most pleasant thing for me is a solid list of satisfied customers.

My main task is to organize the repair process in such a way that it would be easy and pleasant when interacting with me and my team. I am as open as possible to you.

I will help you choose modern material both expensive and not expensive.
I'm optimizing the budget. Many years of experience allow me to offer you the best way to reduce the cost of repairs without loss of quality even in the premium class.

I managed to put together a great team that works well together. This allows you to clearly meet the deadlines for work, not go beyond the agreed estimate and save your time and effort.

We approach our work with pleasure, starting from the creation of a design project and ending with advice on arranging furniture and decorating a room.

How do they deceive customers during repairs?

I want to say right away that the methods of deception described by me are not necessarily used by every foreman, but knowing about these tricks, you will protect yourself and save almost half the cost of builders' services.

What is the cost of a repair?

The repair cost is calculated by the formula:

  • The cost of materials + the cost of labor.

Everything seems simple, but I know from my own experience that most customers lose a lot of money on both components.

You can avoid unnecessary expenses only if you study the specifics of the repair well and stand "over the soul" of the repair team.

Fraud 1: The cost of materials

In a couple of years permanent job in the field of repair, I made friends from the sales of building materials.

Almost every experienced foreman has such connections. Thanks to close cooperation and constant purchases, I can buy cement at a 20-30% discount. However, customers do not know about this because the builders forge receipts:

  • The check indicates real value, although in fact the buyer was given a discount.
  • The receipt indicates expensive material, but it is not used. Instead, a cheap analogue is used for repairs. This is fraught with poor-quality repairs, and not just lost money on consumables.

Important

Buy materials yourself or check everything after purchase by builders. This approach is more expensive according to the masters, you will be sure of the quality of consumables.

Deception 2: The cost of the work

The initial estimate and the final estimate may differ by 2-3 times, so do not trust ads with cheap finishing services too much.

Here are the tricks that I have come across from personal experience:

  • Incorrect calculation of the amount of work.
    Customers rarely know the area of ​​​​the apartment, so the performers deliberately overestimate it before starting work, and sometimes during the repair process.
  • The opposite method is understating the volume, when the builders “forget” to turn on the balcony. It will still be repaired, but it will be added additionally.
  • Initially cheap cost of services in the process of repair acquires additional types works, as well as speculation with materials. Due to this, the builders will remain in the black.

Attention

Repairs cannot be cheap a priori. Do not choose teams with the most low prices. Select 20-30 offers and choose the best one according to the price and qualification of the performer.

Whom to choose: a private owner or a company?

The advantage of choosing a private owner when repairing an apartment will be:

  • Cheap services, as in construction companies the payment will be higher. In addition, clients often begin to bargain, especially if they order a complete renovation of the apartment. In companies, discounts are not provided or are provided as a bonus when resolving conflict situations.
  • Communication directly with the contractor from the very beginning, there is no need to indirectly contact the head office to resolve the shortcomings in the work of specialists.
  • Combination of specializations. Today, almost every finisher has experience working with an electrician. Or he can advise another private trader who, for a small price, will solve problems with wiring or plumbing.

Despite the low cost of private trader services, I often come across clients who do not trust single masters and choose companies.

Ordering repairs in the company - pluses:

  • Mandatory drawing up of a contract for services.
    With the help of this document, it is easier for the client to follow the progress of the repair work. The contract gives guarantees that reassures the customer.
  • Wide range of services.
    High-class specialists often work in the teams of construction companies. Additionally, an interior designer works, and during the repair, the craftsmen will be able to install a fireplace, a bas-relief on the walls and artistic painting decorate the ceiling.
  • Quality of work with a guarantee
    The company hires professionals with experience. In this case, any defects due to the fault of the builder are removed free of charge. Due to this, the probability of jambs is minimal, but not excluded.

The final choice is up to the customer. Because everyone sets their own priorities. Private traders with a low cost of services do not necessarily perform poor repairs. And the contract signed with the company is not always a 100% guarantee of repair.

Deception 3: One-day firm

Pretty popular divorce major cities This is a one day construction company. You conclude a contract with them, pay an advance payment for materials and work, but no one starts working within the specified period. There are two scenarios here:

  • Soap bubble. The company is fake. Such organizations in a short time recruit a lot of objects, charge them an advance payment, and then disappear. It is impossible to return the money after such a scam even after going to court.
  • Intermediary. One-day companies will provide services that come down to finding craftsmen. In this case, payment is made to the intermediary, but the workers themselves do not see the money. In this case, the repair may even be completed, but the workers will not receive their money and will begin to demand it from the owner of the apartment, since by the end of the repair the intermediary will quietly disappear with the money.

Advice

Choose a construction company that you have heard about. Pay no attention to positive reviews on the Internet, rely on the advice of friends, relatives or neighbors. This is the only way to get a 100% quality repair from a real-life organization. In addition, you can immediately assess the quality of work.

The first step of repair is the choice of the contractor

No one forces the customer to agree to the terms of the first ad. Even the departure of the master to the object to evaluate the field of work does not mean that you will work with them. But at this stage, you can understand how honest the repair will be.

For the first time, 1-2 people come to the object, among whom there will definitely be a master. This is necessary to carry out measurements of the apartment and an approximate estimate of the cost of work. Please note that this estimate is indicative. The final amount can vary greatly. After all, during the assessment, employees “forget” to calculate the cost of repairing a balcony.

Potential contractors are trying to charm the customer and immediately conclude an agreement. But I do not recommend rushing in such cases. The visiting master measurer will not carry out repairs with his own hands. Perhaps a brigade of Uzbeks will come to the apartment.

Deception 4: Measurements

To assess the cost and extent of repairs, it is necessary to make measurements of the apartment. The area of ​​​​walls, ceilings is calculated, slopes and corners are taken into account. Already at the first assessment, you may be told the overestimated area of ​​​​the apartment. This means that the repair price will be higher, because it takes into account the square meter of work performed.

For your information

It is difficult to measure all the necessary angles on your own. But if you do not want to be deceived, you must know the area of ​​\u200b\u200bhousing.

The second step of the repair - setting the repair time

When concluding a contract, the customer should boldly raise the issue of the timing of repairs.

Some private owners deliberately delay the delivery of the object and use your apartment to live and have fun in it for free. Constant monitoring of repairs will help to avoid this, so do not be too lazy to go to your apartment without prior notice to the construction team.

For your information

Private traders do not usually conclude a contract when performing work. Therefore, to control the observance of deadlines is the biggest problem.

The terms of repair are determined individually for each object, depending on what work will be carried out and the time of year. For example, plaster should stand until it dries completely for a day, and concrete screed dry for 2 weeks. Similar nuances construction works and affect lead times.

In general, the usual cosmetic repairs in one-room apartment panel house can be done in a couple of weeks. But if you attract good specialists, then you will have to wait about 2 months, repairs with redevelopment will have to wait about six months.

Deception 5: Timing

When concluding a contract, you are unlikely to be told the actual terms of the repair, so do not trust the “quick” masters who promise to do everything in a couple of days. For private owners, the quick completion of an object is not always a priority, because while the floor in your apartment is drying, it can begin repairs at another object.

How to understand that repairmen are delaying work

A popular excuse for slow work is lack of material (not enough plaster, procurement issues, etc.). In such situations, it is best to start purchasing materials on your own, and also study the deadlines for each type of work. Luckily, this information is very easy to find online.

The third step is the repair itself: what else are they cheating on?

The best customer is the one that gives money on demand and never asks questions about what it was spent on. If you do not want to delve into the essence of repair work, be prepared to overpay for the service by 2 or 3 times. If you want to get a quality repair without overpayments, ask the builders questions about each step.


Acceptance of hidden works as a way to control repairs

Very often, when repairing, money is saved on poor-quality work, so check all the steps that were indicated in the estimate. It is best to sign an agreement with a construction company, where a separate item will be "Reception of hidden works" -

Acceptance of covert work means that the team does not have the right to proceed to the next stage of work until the customer accepts this one. For example, primer walls. Do not be lazy to go to the apartment on your own during the repair, this is the only way to control the process.

After renting an apartment, it will be difficult to check whether the walls are upholstered with insulation. And not everyone wants to redo the repair in a year.

Fraud 6: Paying for Work Not Done

One of the reasons why it is necessary to prescribe in the contract a clause on the acceptance of hidden work - identification in the estimate of what was not carried out. After laying the parquet, you will not be able to check whether the floor has been leveled. This also applies to many other working moments.

Ask for a clear report of each step prior to repair and check each step. This can be tedious for the customer and not always pleasant for the contractor, but if you do not trust them, it is better to play it safe and check everything.

REFERENCE:

Failure to complete the work specified in the estimate leads to poor-quality repairs. A missed step in a couple of months can backfire with broken tiles and peeling wallpaper. And no one will redo such a repair.

Deceit 7: Extra Work

This option of ripping off money from the client has something in common with the previous one. There are some mandatory jobs, but often builders impose Additional services which are not needed. For example, leveling an already flat floor. These works are not carried out, as they are not necessary for technical indicators, but they are indicated in the estimate.

The specifics of the repair is not clear to everyone, so many customers simply agree that this stage was needed and pay for it at an additional rate. This will not affect the quality of the repair, but the client will lose part of his money.

Deception 8: Stealing materials

Even if the client tried to protect himself and bought all the materials himself, repairmen can simply request the wrong number of bags of cement, and take the extra ones for themselves. This happens very often. Moreover, the "saved" bags never stand idle. The team will be able to use them during repairs at another facility, including it in the price for another client. It turns out that 2 clients will pay for a bag of cement at once, which means that the difference will go into the pocket of the repairmen.

How to protect yourself?

Protecting yourself from this fate is not easy. I encourage clients to read technical specifications material. On each bag, the manufacturer indicates the consumption of material. Knowing the area of ​​\u200b\u200bthe apartment, you can roughly calculate how much putty or glue is required.

But do not overdo it with such calculations. The consumption indicated by the manufacturer is approximate. If it is necessary to level the walls, then the plaster will be applied in 2 or even 3 layers. This can lead to calculation problems.

Advice

Don't be afraid to ask where and how much went. Be meticulous. It might save you some money.

Deception 9: Works popping up out of nowhere

Sometimes, in a preliminary estimate, finishers “forget” to indicate an important stage of repair. For example, plastering walls before wallpapering. When it comes to this stage, the client understands that it is impossible to do without it. This increases the final estimate of the repair.

It is precisely because of such “forgotten” nuances that the final estimate can be 2-3 times higher than the originally stated one. Carefully read all the stages of work before concluding a contract. It is also recommended to familiarize yourself with certain documents that describe the regulations and quality for repairs:

  • SNiP on Insulating and Finishing Coatings;
  • SNiP on Internal sanitary systems;
  • SNiP on Electrical Devices;
  • GOST R52059-2003 for Housing Services and Repairs.

From them you can find out what kind of work should be carried out and what quality standards are allowed for them. If during the repair you notice deviations, ask the masters to redo it. They are obliged to remake for free, only re-taken materials will have to pay.

Deception 10: Revenge on the customer

Often masters leave "gifts" for their clients.

Of the ones I've come across:

  • A raw egg embedded in a wall. After a while, it will begin to rot and stink throughout the apartment. Determine source bad smell not so easy. But even after you realize that it is in the wall, you will have to completely "peel" the walls and repair them again.
  • Plastic in ventilation or chimney. To do this, take an ordinary transparent bottle and cut it so that a flat part is obtained. It is inserted into the chimney or ventilation. As a result, when renting an apartment, even if you look into the chimney, you see the sky. But when you start using it, the hood will not work.

These are just the most popular ways to take revenge on an unpleasant customer. Compared to them, the dirt after the repair seems not such a big miscalculation. You need to rent an apartment for repairs completely “bare”, otherwise you risk missing your property. And something can be just spoiled.

It is impossible to protect oneself from the revenge of the builders. However, large finishing companies value their reputation, therefore, if such shortcomings are identified, they can meet the needs of a dissatisfied client. However, poor-quality repairs, most likely, no one will redo for free.

Finishers receive from 1 to 20 thousand rubles at each deception point. It is not scary if during the repair you were deceived only once. But if a small amount is added to each item, the repair may turn out to be just “gold”. This can be avoided only with constant monitoring of repair work, as well as concluding an agreement with the company you heard about. Better yet, do the repairs yourself. Then certainly no one will deceive you, but the quality of such repairs will be much worse.

Comparison table and loss price

The name of the trick

Essence of deception

Losses (in rubles)

Cost of materials

Overpriced consumables

Cost of services

Understating the price of services at the stage of company presentation

One-day firm

Receiving advance payment for repairs, after which the company disappears

From 50000 (30-50% of the amount for which the repair was estimated)

Incorrect calculation of the scope of work, overestimation of the area

Up to 20,000-50,000

Intentional delay in the delivery of the object

Priceless - your time is the most precious

Backlog

Payment for services that were not performed

5,000-10,000 for each type of work

Extra services

Payment for services that were not mandatory and are not needed by the customer

Eventually Supreme Court The RF said the very first ruling in the district court's case - that officials should fully reimburse repair costs - was correct, and it remains.

The prosecutor appealed to the district court with a claim in defense of a tenant of a municipal apartment, a disabled person of the 3rd group. The citizen, according to the prosecutor, tired of the cold in the rooms, independently did what the officials were obliged to do. Specifically, he changed the old windows in the entire apartment to new ones, from which it does not blow, and insulated the outer walls. According to the prosecutor, the employer spent money, and now the officials are simply obliged to return the cost of overhaul to him.

The court agreed with the opinion of the supervisory authority. The court ordered the local administration of the municipality to reimburse the tenant's expenses. Officials were offended and protested this court decision.

The appeal canceled the decision of the district court and issued another decision, according to which the municipality does not owe anything to the disabled, because the replacement of windows, according to the city court, is Maintenance and the tenant must do it himself. But the prosecutor did not calm down and went on to protect the interests of the citizen. So the case came to the Judicial Collegium for Civil Cases of the Supreme Court. There, the prosecutor's opinion was supported and said that such repairs should be paid by the owner of the housing.

These are the legal norms that the Supreme Court was guided by when making its decision. The court found that the apartment, the repair of which caused the claim, was municipal and had long required major repairs. In the end, the tenant could not stand it and on his own, and most importantly - at his own expense, completely replaced everything window blocks and made external wall insulation.

The appeal, when it canceled the decision of the district court, which was victorious for a disabled person, stated that the apartment had been renovated. The Supreme Court took the Housing Code into its hands and said that according to the 65th article of this code, the “landlord of the dwelling”, that is, the municipality, is obliged to make major repairs in the house. The Civil Code (Article 681) states that the overhaul of rented housing is the responsibility of the landlord. In the following article of the same Civil Code - 676th, written in black and white - the landlord is obliged: "to carry out the proper operation of the residential building, to ensure the repair of the common property of the house and devices for providing utilities located in the house. "From the social tenancy agreement that the tenant signed with the administration, it follows that the landlord is obliged to make major repairs in the house. And in case of non-fulfillment or improper fulfillment of his obligations for major repairs, the citizen has the right to demand reimbursement of his expenses for "eliminating the shortcomings of the living quarters" .

And here is an important provision pointed out by the Supreme Court and which most citizens do not know. It turns out that the tenant can optionally not only demand reimbursement for repairs, but can also ask for a reduction in rent if the owner of the home has made his life in the rented house uncomfortable.

To confirm the legality of such a rule, the Supreme Court cited Articles 309 and 310 of the Civil Code. It says that the obligations specified in the contract "must be performed properly. A unilateral refusal to fulfill obligations or a unilateral change in the terms of the contract are not allowed."

The Supreme Court cited a home inspection report that appeared in the case. Judging by this document, the building was very old. Therefore, the roof fell into disrepair, all window blocks, timber crowns outer wall rotted, and the foundation of the house must be strengthened.

To the statement of the appeal that the insulation of walls and the replacement of windows are not major repairs, the Supreme Court cited the "Indicative list of works performed during overhaul in residential buildings". This list is an appendix to the special resolution of the Gosstroy (dated September 27, 2003 No. 170) "On the approval of rules and regulations technical operation housing stock". Based on these documents, both the windows and the insulation of the walls are a major overhaul.

In the end, the Supreme Court of the Russian Federation said that the very first decision in the district court case - that officials should fully reimburse the cost of repairs - was correct, and it remains.

The vast majority of apartments today have been privatized. This is no secret to anyone. The owners of such real estate at least once, but were interested in who should make repairs in a privatized apartment. For most people, the answer to this question is obvious - all work must be organized by the owner of the home. In other words, he can fulfill them on his own by buying necessary material, or trust the professionalism of the masters from 3proraba.com.ua by paying for the services. This is not a completely correct opinion. Therefore, this topic should be considered in more detail.

What should the management company repair for free?

Many homeowners are often faced with the repair of utilities. At the same time, they think that all expenses fall on their shoulders. This does not always happen in this way, because in any multi-apartment residential building there is common property for which the management company is responsible. It is always indicated in the management contract. It must necessarily be concluded with all owners. Repair of such property is carried out at the expense of monthly fees included in the utility bills.

So, in order to understand exactly what type of repair the masters of the management company must perform for free, you need to figure out what is common house property located inside a privatized apartment:

    Gas supply networks are directly a gas pipeline along with branches. Repair of such a system is free of charge up to the stopcock.

    Risers and branches of cold water supply and hot water supply. Their repair is carried out free of charge to pipes that are internal wiring.

    Risers with branches heating system. They are being repaired by the management company up to the outlet pipes.

    Sewer risers together with branches, which include a branch pipe, tee or plug. They are subject free repair to the point where the connection of the supply pipelines is made.

Metering devices installed in the indicated networks and located up to the stopcocks are also repaired free of charge. However, it is the masters of the management company who will perform the work, if, for example, any of the risers cannot be operated normally in the future, since it is rotten. When the owner has a desire to repair the toilet, and he wants to transfer the common house pipelines to another place, or he simply does not like their configuration, then such a process must be paid out of his pocket.

It must be remembered that there is a list of equipment, the owner of which is directly the owner of the apartment. Its repair is always carried out at the expense of the owner. Such equipment includes:

    Cookers powered by electricity and gas.

    Heating radiators.

    Individual meters that take into account the consumption electrical energy, water and gas.

    Electrical cables, light bulbs, electrical switches and sockets.

    All installed plumbing fixtures, including faucets.

Note! The indicated lists refer not only to a privatized apartment, but also to municipal housing.

Thus, it turns out that the property, which is used only by the owner of a single apartment, must be repaired at his expense. In other words, everything that does not go beyond the living area is the property of the person who is indicated during privatization. Therefore, all responsibility for such property rests on his shoulders. Consequently, the repair of walls, ceilings, floors and other structural elements should be handled by the owner. He cannot apply to the management company for wallpapering, laying tiles and other building materials.

Advice! If you have any questions about common property or disputes with the management company, then a specialist in this field will help to deal with all the issues.

Construction waste removal

Repair in the apartment can be different. It depends on the condition of the living space and on the wishes of its owner. During this process, garbage always accumulates. The amount may vary depending on the scale of the work. At the same time, any owner will definitely take an interest in who should take out construction waste after the repair of the apartment.

It is quite easy to get an answer to this question if you know that an agreement has been concluded with the management company, under which it is obliged to provide utility services. It is in it that the list of works is indicated. You need to get to know him carefully. It must contain a clause regarding the removal of household and construction waste. Therefore, such work is carried out directly by the utility provider. In the absence of a signed contract, the homeowner will have to hire a tractor or other special equipment.

Note! The cost of only a car with a carrying capacity of 2 tons is 550 UAH, and with loaders, the price for the service is 850 UAH.

However, even if there is an agreement with the management company, it will not work out just like that to get rid of construction waste. It must not be mixed with household waste. Therefore, one of the most common options is the collection of construction waste in bags. They are transferred from the apartment to the garbage or specially allocated area. They must not be stored near emergency exits. Still bags should not interfere with different services and neighbors.

Reimbursement of apartment renovation expenses

Often, the arrangement of residential privatized real estate is carried out with the help of specialists construction company. Sometimes the work is done poorly for various reasons. This may be the unprofessionalism of the craftsmen, a violation of technology, or the use of poor materials. Still often missed deadlines

In such a situation, naturally, each owner has a desire to find out if it is possible to return the money for apartment renovation. It will be possible to do this through the court if the owner of the property entered into an agreement with a specialized company for the performance of construction and finishing works. At the same time, the judicial authority may still oblige the organization not only to return the funds spent, but also to pay a penalty.

Payment for overhaul in the house (8 apartments), where 82% of the area is rented. How to oblige the municipality?
Willow wrote on 04/04/2012:
My sister's situation is like this. The house is 55 years old, they made a cap. rem. 50 years ago, when the stoves were removed. After a stream of complaints at the general meeting, they decided to draw up an estimate for the cap. repair and decide how much to collect. In a year they collect at a rate of 6.18 * 319.06 m2 * 12 months = 23.061 rubles. A ridiculous amount and what you can do with it, you understand.
(1) According to Decree No. 1077 of 21 December 2011, they cannot increase the tariff for cap.rem. for the Leningrad region more than 6.9 rubles, do I understand correctly?
(2) Are there any laws where it would be prescribed that the municipality must contribute the lion's share in this cap. renovation, as in fact it is their home.???? What documents are used to document this?
(3) Since nothing was done on cap. repair, can they get their money back for 3 recent years. after all, they settled in the budget of the municipality (only through the court, right?) Or they can simply demand to include them in estimated cost? Thanks for the answers, I'm so happy with the site and I recommend it to everyone I know.

I answer:
I wouldn't say it's a ridiculous amount. If you manage wisely, you can benefit from this amount. I note that apartment building is adopted taking into account the proposals of the managing organization on the start date for the overhaul, the required scope of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses (part 2 of article 158 2 of the LC RF). That is, just to pay the n-th amount per month "for nothing" contradicts the LC RF.

(3) Taking into account Part 2 of Art. 158 it can be regarded as . I recommend going to court. The overhaul fee was probably paid to the management organization - it is from it that a refund must be demanded.

General recommendation is as follows: Make a plan for the overhaul, estimate their cost. This should be a real plan, with which the owners themselves (including the municipality, of course) will agree. Find the local procedure for financing the municipality's share in capital repairs apartment buildings(if he is). Prepare documents according to it (solution general meeting, estimate) or, if it is not available, simply a written application to the municipality with supporting documents attached.

The Housing Code quite clearly describes the basic rights and obligations of both the tenant and the landlord. However, as practice has shown, many citizens living in municipal-type apartments are poorly versed in their rights and obligations. This usually leads to disputes between the owners of municipal apartments and their tenants, especially when the issue of repair arises.

If earlier it was possible to dispose of public housing quite freely, now in many cases the consent of the landlord - the owner of residential premises is required. Is it possible to arrange a redevelopment of a municipal apartment? At whose expense repair work? Is it worth considering in this regard the apartment "as your own"?

First of all, we note that the main responsibility of the tenant (here he is not much different from the owner) is the timely payment of housing and utilities. But he does not pay real estate tax.

Also, the tenant must use the residential premises for their intended purpose and within the limits established by the Housing Code; ensure the safety of the premises and maintain it in good condition. This is precisely the current repair, for which the person living in the room or apartment is fully responsible. Such repairs include whitewashing, painting and pasting walls, painting the floor, ceiling, doors and window sills, as well as window sashes with inside and radiators.

The tenant must independently replace window and door appliances in case of their unsuitability, repair electrical wiring and other network engineering. Of course, with the help of experts. It is prohibited to redevelop a dwelling without obtaining the appropriate approval from the landlord. However, do not confuse the current repair of a room / apartment with common property. In the second case, the owner, that is, the state, must pay for it.

Capital repairs of a municipal apartment are also obliged to be carried out by the state. The tenant can ask the municipality to make major repairs to the apartment, and the municipality is obliged to carry it out. If the tenant is refused to carry out major repairs of dwellings, an examination of the technical condition of the dwelling should be carried out by independent specialists, and in judicial order require major repairs. If the tenant had to independently carry out a major overhaul of his housing, he has the right to recover expenses. Finally, you also do not have to pay maintenance fees for the apartment building in which your public housing unit is located. The municipality has to deal with the receipts.

Article 676

1. The landlord is obliged to transfer to the tenant a vacant living space in a condition suitable for habitation.

2. The landlord is obliged to carry out the proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of the necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for the provision of communal services located in the residential premises.

Commentary on Art. 676 of the Civil Code of the Russian Federation

1. Formulating the obligations of the landlord, the commented article, on the one hand, introduces rules that apply to any residential premises rented under a lease agreement, and, on the other hand, highlights the regulation of rent, where the object is apartments or isolated rooms in apartment buildings. The general rules include: firstly, the regulation of the obligation to transfer to the tenant a free living space and, importantly, in a condition suitable for living; secondly, the provision that, unless otherwise provided by the contract, the obligation of the landlord is to overhaul the leased residential premises (see Article 681 of the Civil Code and commentary thereto).

2. For tenants of residential premises located in multi-apartment buildings, an obligation is established to carry out the proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of the necessary utilities to the tenant for a fee, to ensure the repair of the common property of the multi-apartment building and devices located in a residential area.

3. The obligations of the landlord of the premises also include the implementation of major repairs, while in the commercial lease the parties may agree on such repairs by the tenant (see Article 681 of the Civil Code and commentary thereto). Re-equipment of the house in which the rented residential premises are located, if such re-equipment significantly changes the conditions for using the residential premises, without the consent of the tenant is not allowed (see Article 681 of the Civil Code and commentary thereto).

4. We believe that Part 2 of Art. 66 of the Housing Code of the Russian Federation, relating to a social contract of employment, by analogy, can be used in relation to commercial employment. On the basis of this norm, in the event of non-performance or improper performance by the landlord of residential premises under a social tenancy agreement of obligations to timely overhaul the leased residential premises, common property in an apartment building and devices located in residential premises and intended for the provision of public services, the tenant at his choice have the right to demand a reduction in the payment for the use of the occupied residential premises, common property in an apartment building, or reimbursement of their expenses for eliminating shortcomings in the residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or non-performance of the specified obligations of the landlord.

The question in the light of the law: if the apartment is not privatized, is it necessary to pay for the overhaul? Who pays for the repair of municipal apartments?

The law on payments for overhaul was adopted recently and it cannot be said that it pleased the owners of apartments.

Some without pleasure, but obeyed, others decided to wage a deliberately doomed struggle.

But what about those who are not homeowners? Do residents of municipal apartments have to pay for major repairs? Or can they live in peace and not think about anything?

A question in the light of the law

It will not work to not think about anything at all - not a single room will be provided free of charge. So, at a minimum, you will have to pay for the apartment and keep the common property in order (Article 678 of the Civil Code of the Russian Federation).

Article 678 of the Civil Code of the Russian Federation

Responsibilities of a tenant

The tenant is obliged to use the dwelling only for living, ensure the safety of the dwelling and maintain it in proper condition.

The tenant is not entitled to reorganize and reconstruct the dwelling without the consent of the landlord.

The tenant is obliged to pay the rent on time. Unless otherwise provided by the contract, the tenant is obliged to independently make utility payments.

Do I have to pay for major repairs if the apartment is not privatized?

According to the current law, whoever owns the dwelling pays for it (Art. 158; 169 of the LC RF).

Do tenants have to pay for major repairs?

If the apartment is not the property of a person, that is, he either rents it or lives under a social tenancy agreement, the payment for the overhaul of a municipal apartment falls either on the municipality or on the landlord. If such receipts come to the address where they live for commercial employment, they must be handed over to the owner of the premises.

Moreover, according to current regulations, contributions must be paid for everything - both habitable and non-residential premises building included in the renovation program.

If the apartment is municipal, then who pays for the overhaul?

So who pays for major repairs in council apartment? The one who owns it is the municipality. Does the tenant have to pay for major repairs? This does not concern him (Article 154 of the LCD). The fee that is required from the inhabitants of the state "squares" includes payment of:

For hire;

Housing and communal services (gas, sewerage, hot and cold water, garbage disposal. Important: contrary to the established opinion of some not very literate citizens, major repairs are not included in the category of housing and communal services! This is a separate item that can be applied exclusively to the owners of the premises. True, the problem is that in practice the difference between current and overhaul can be purely conditional).

Does the tenant have to pay for major repairs?

Does a non-owner have to pay for the overhaul? No, it shouldn't. A person living in an apartment for commercial rent is obliged to pay the amount specified in the contract and housing and communal services.

If such receipts arrive, they must be sent to the landlord. If you occupy the area under a social contract, you can simply ignore the receipts for the overhaul. But it would be better if you contact the Management Company with a request to resolve the misunderstanding.

From this we conclude: payment for major repairs by non-owners of housing does not fall on their shoulders.

Supreme Court on the overhaul of public housing

Supreme Court Russian Federation clarified who should pay for the overhaul of municipal housing.

By virtue of paragraph 3 of part 2 of Art. 65 Housing Code In the Russian Federation, the landlord of a dwelling under a social tenancy agreement is obliged to carry out a major overhaul of the dwelling.

In accordance with paragraph 2 of Art. 681 of the Civil Code of the Russian Federation, the overhaul of a leased dwelling is the responsibility of the landlord, unless otherwise provided by the tenancy agreement.

In accordance with Art. 676 of the Civil Code of the Russian Federation, the landlord is obliged to carry out the proper operation of a residential building, to ensure the repair of the common property of an apartment building and devices for the provision of public services located in a residential building.

According to the contract of social rental of residential premises, concluded by a citizen with the administration, the landlord is obliged to carry out a major overhaul of the residential premises. In case of non-fulfillment or improper fulfillment by the landlord of the obligations to carry out major repairs of the leased residential premises, the tenant has the right to demand reimbursement of his expenses for the elimination of shortcomings in the residential premises. The tenant, at his choice, has the right to demand a reduction in the payment for the residential premises or reimbursement of his expenses for the elimination of shortcomings in the residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or non-performance of these duties by the landlord.

In accordance with Art. 309 and 310 of the Civil Code of the Russian Federation, obligations must be properly executed in accordance with the terms of the obligation and the requirements of the law. Unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed.

Accordingly, in the event that citizens independently carry out major repairs of a residential building, which is municipal property, citizens have the right to demand a reduction by the owner of the residential premises of the payment for the residential premises or reimbursement of their expenses for the elimination of shortcomings in the residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or non-performance of these duties by the landlord.

The list of works performed during the overhaul of the housing stock is enshrined in Appendix No. 8 to the Resolution of the State Committee of the Russian Federation for Construction and the Housing and Communal Complex of the Russian Federation of September 27, 2003 No. 170 “On Approval of the Rules and Norms for the Technical Maintenance of the Housing Stock”.

Similar posts