Some homeowners have not paid for a “communal apartment” for years. If the management company or HOA will collect the debt from them, is it possible to do this for all the years with missed payments?
“Utility providers have the right to file claims against you in court for any period when there was a debt on payment of utility bills,” says the head of the law firm, lawyer Sergey Gavryushkin. — But we must take into account that in civil law there is a concept of limitation period. This is the time limit for the protection of the right on the claim of a person whose right has been violated (Article 195 of the Civil Code of the Russian Federation). The total limitation period is three years. However, according to the claims for debt collection for payment of residential premises and utilities, this period is calculated separately for each monthly payment.”
The court applies the limitation period only upon the application of the party to the dispute made before the court’s decision. If the limitation period, which was declared by the party to the dispute, has expired, the court may dismiss the claim.
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