You can send a claim to the address specified in the contract, including by email

Paragraphs 4, 5, 9 of the Review describe under what circumstances the pre-trial procedure is considered to be observed. The company filed a claim with the arbitration court against the company to collect a penalty. The first instance left the application without consideration, considering that the plaintiff did not try to resolve the problem before the trial. Leaving the claim without consideration, the AC proceeded from the fact that the claim was sent to the company at the address specified in the contract, and not at the legal address.

The appellate court did not agree with this and returned the case for retrial, and the cassation court confirmed the correctness of this decision:

1. The Arbitration Procedure Code of the Russian Federation does not establish to what address the claim should be sent.
2. Rules Art. 1651 of the Civil Code of the Russian Federation on legally significant messages are applied unless otherwise provided by law or the terms of the transaction or does not follow from custom or from practice established in the relationship between the parties (Part 2 of Article 1651 of the Civil Code of the Russian Federation).
3. In accordance with paragraph 63 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25, taking into account the provisions of Part 2 of Art. 1651 of the Civil Code of the Russian Federation, a legally significant message addressed to an individual entrepreneur or legal entity is sent to the address from the Unified State Register of Individual Entrepreneurs/Unified State Register of Legal Entities or to the address indicated by the defendant himself.

Thus, the pre-trial procedure is considered to be complied with if the claim is sent, including to the address specified in the contract.

The court came to the same conclusion in a case where the plaintiff sent a claim to the defendant at the email address specified in the contract (clause 5 of the Review). The agreement between the organization and the company stipulates that a claim can be submitted in one of the following ways: fax, e-mail or international courier service. The agreement specifies the company's email address.

Thus, the parties clearly and unambiguously established in the contract that the claim can be sent, including by email. The organization's statement of claim was accompanied by documents confirming the filing of the claim in this manner. Consequently, this indicates compliance with the pre-trial procedure for resolving the dispute.

In paragraph 9 of the Review, the Supreme Court of the Russian Federation noted that sending a pre-trial claim exclusively by a valuable letter with a list of attachments is not mandatory, unless otherwise provided by law or contract. The current legislation does not contain such a requirement.

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How to write an application to the management company, document form

When writing an application, you must follow several rules, which include:

1. Mandatory written form of the document.
2. A concise statement of the essence of the problem and a link to evidence.
3. Indication of details for receiving a response.
4. An indication of the desired outcome of the interaction.
5. Date of document preparation and signature of the applicant.

If all these rules are followed, the complaint or statements will be considered correctly written. In this situation, a positive outcome of conflict resolution is most likely.

Sample forms are presented below. If there are several victims, then you can draw up a collective statement, including not one but several applicants.

Claim to the Criminal Code for damages

Often, real damage is caused to citizens by unscrupulous actions of management companies. It can be expressed both in real form and in the form of lost profits. Both the first and second aspects are determined according to the rules provided for by civil law.

The claim must be made in writing. It must indicate the extent of the harm caused and evidence of this. Information about material damage due to the failure of the management company to fulfill its duties must be presented in valid numerical formats and according to the rules for determining the market value of objects.

When flooded

Flooding means causing damage to the premises and other property in which the water supply systems break, which can result in damage to furniture, repairs, other property, etc. For flooding of an apartment, it is especially important to prove the fact of a break in hot or cold water due to improper maintenance of the house and communication resources by the management organization.

Causing material damage, sample

Very often, due to the fault of unscrupulous management companies, citizens suffer material damage. It can be expressed in various forms. It can reach significant sums of money. In such an act, it is necessary to indicate what kind of material damage was caused, what shortcomings in the work of the management company or the failure to perform what work preceded this, repair of what (walls, entrances) and what work is required.

You can submit a pre-trial letter for compensation for material damage at the place where the harm occurred or at the place of actual residence of the citizen.

A sample of a well-formed application can be downloaded by clicking here. ⇐

When causing damage to the car: sample

Often, damage can occur due to failure to perform duties to clean city streets. In this situation, branches that are not cut down in time can damage a vehicle or other property of citizens located in common areas. Therefore, you need to understand how to act in this situation.

If damage is caused to a car due to untimely removal of trees, you can correctly write a complaint both to the head of the management company and to the administration or department involved in house management.

Residents' requests must be made in writing. This includes all circumstances of legal significance.

Sample complaint to the management company for flooding an apartment from the roof

Often, clutter on roofs leads to flooding. This can also result in improper repairs.

When an apartment is flooded due to the improper condition of the roof, citizens must write a statement to the director of the management company. Her contact details can be found on the Internet.

Claim to housing and communal services for recalculation, sample

The landlord or immediate tenant may be charged incorrect amounts on receipts. In this case, to recalculate payments, the citizen must write an application.

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The writing sample is in written form. The complaint is submitted to the organization that provides this or that housing and communal service.

Application to the Criminal Code for entrance repairs

A request for repairs to the porch or elevator, as well as other parts of the entrance, can be sent to the management company in the form of a written application.

It must indicate the need for repair work and the reasons why it needs to be carried out as soon as possible.

Application for repair of the porch, elevator to the management company

The porch or elevator is part of the common property, called the entrance. In a situation where the entrance is in stable condition, and the repair of its individual parts requires repair, you can write a separate application for reconstruction, for example, of the porch, elevator, steps.

Application to the management company for insulation of external walls

Citizens can independently insulate their homes by paying third parties for these services. But in a situation where the walls are of poor quality and require actual repairs, a citizen can contact the management company to strengthen the walls.

A sample document can be downloaded from this link.

Sample application to the housing department about mold in the apartment

Mold in an apartment can not only damage repairs, but also harm the health of citizens. Therefore, if mold is detected, you must immediately contact the management company to eliminate it.

Application to housing and communal services for repairs

An application to the housing and communal services for repair work, both capital and routine, can be submitted to the management company in writing.

It should include all the components that have already been described above, depending on which element needs to be repaired.

A sample document can be downloaded here. ⇐

You can go to court only after the expiration of the period allotted for pre-trial settlement of the dispute

In paragraph 8 of the Review, the Supreme Court of the Russian Federation indicated that the Arbitration Court must return the statement of claim if, by the day the court goes to court, the period established by law or agreement for pre-trial dispute resolution has not yet expired and there is no response to the claim.

An example is given of a case where a company filed a claim with the AS for the collection of debt under a contract. The courts of first and appellate instances rejected the claim, considering that the pre-trial settlement procedure was not followed. The company appealed to the court of cassation, citing the fact that the fact of filing a claim does not interrupt or terminate the period for responding to the claim.

The Court of Cassation did not agree with this: compliance with the claim procedure for resolving a dispute is not only the formal sending of a demand to the defendant, but also compliance with the deadline provided for the response, after which the plaintiff can go to court.

The court's acceptance of the statement of claim before the expiration of the specified period is not consistent with the principle of equality of parties. Consequently, non-compliance with the claim procedure is recognized not only by the lack of evidence of filing a claim, but also by going to court before the expiration of this period.

How to write an application to housing and communal services (sample)?

The application form in question does not have a legally regulated form. The application is drawn up in any written or printed form signed by the submitter.

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However, the general rules for filling out similar forms apply to this document:

• In the upper right corner the details of the official (position, full name), name and legal address of the management company are indicated. Next, you need to write from whom the application is being submitted (full name, address, contact details).
• In the middle of the sheet is written the name of the document - “Application”.
• Under the name, on a new line, the essence of the problem is stated in as much detail as possible. Next, options for solving the current problem are proposed in the form of a petition or demand, depending on the situation.

Submission of the application is carried out in person through a visit to the management company, or by mail by letter with notification.

In the first case, it is necessary to draw up two copies of the application - one remains with the applicant. The recipient of the application must sign on your copy confirming receipt.

Some management companies offer to submit applications electronically through the appropriate feedback form or using email contact information. However, it is important to take into account that from the point of view of the legislation of the Russian Federation, sending this email does not have the status of a statement, but is an ordinary issue, which relieves the management company of responsibility for the need to take the measures mentioned in the appeal. But conscientious and responsible management companies do not leave such requests unanswered.

You can find out about who else you can file a complaint against and how to draw it up correctly by studying the materials on the resource ahrfn.com, where various conflict situations related to real estate and utilities are discussed in detail.

Remember

In the Review of the RF Armed Forces on the pre-trial procedure for resolving disputes, there are several more cases and theses that are interesting to management organizations, for example:

1. To prove that he has worked to pre-trial resolve the dispute with the defendant, the plaintiff must not only indicate this in his application, but also provide supporting documents. Otherwise, as indicated in paragraph 13 of the Review of the Supreme Court of the Russian Federation, the arbitration court has grounds to leave such an application without progress.
2. If in the arbitration court of first instance the defendant did not state an argument about the plaintiff’s failure to comply with the pre-trial procedure for resolving the dispute, then this argument cannot be considered as a basis for canceling judicial acts in the appellate or cassation instance.

Administrative bodies conducting claims work with debtors should take into account the conclusions included in the Review of the RF Armed Forces and use them in their practice.