What is the document for?
By law, a contract for the provision of services implies the fulfillment by one of the parties of their obligations to provide any services, and the second - payment for them in a pre-agreed amount and manner.
If any of the parties violates at least one clause of this agreement, its counterparty can file a claim.
Drawing up a document is the first step towards resolving any disagreements that have arisen.
Based on this, we can say that the role of the claim is quite serious. It allows not only to identify the problems that arose during the execution of the contract, but also to promptly prevent the situation from developing to court.
Complaint to the management company
In our house, garbage constantly accumulates in the stairwells and surrounding area, sometimes three times (!) we replaced light bulbs ourselves, despite calls and messages to your organization. The land near the house is also cleaned by the residents themselves. In addition, since November 2020, a window on the staircase between the 2nd and 3rd floors has been broken and not replaced, which violates the temperature regime.
- cleaning and sanitary cleaning of common areas, land plots included in the common property;
- collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building;
What can you ask for in a claim?
The requirements in the claim depend on which clauses of the contract are violated. The main thing is that they correspond to the main purpose of creating this kind of documents: to force the other party to fulfill its obligations.
At the same time, if the essence of the claims from the contractor is almost always obvious and unambiguous: a demand for payment for their services, then for the customer this list can be much wider. In particular, he may demand a reduction in the cost of services (provided that he was not satisfied with their quality or quantity), free elimination of the negative consequences of the service provided, termination of the contract and reimbursement of expenses incurred, etc.
Also, if the terms of the contract are violated, both parties may insist on payment of a penalty, even in cases where this rule is not stated in the main document (here Article 332 of the Civil Code of the Russian Federation comes into force).
At the garbage site
The containers are overflowing: mountains of garbage rise above them. There is nowhere to put waste, and people put bags nearby. The site is overgrown with garbage on all sides and begins to resemble a landfill.
Reason 1 - non-compliance with the garbage collection schedule. When waste is not collected for several days, it accumulates and begins to smell unpleasant.
- Responsible - regional operator (RO).
From January 1, 2020, the management of municipal solid waste (garbage removal) is classified as a public service (Federal Law No. 89-FZ “On Production and Consumption Waste”).
Regional operator is a company that is obliged to accept municipal solid waste in volume and in places of accumulation, ensure its transportation, processing, neutralization and disposal. The regional operator is selected by the authorized executive body. The company must have the appropriate license. Residents of apartment buildings (apartment buildings) pay for the garbage collection service.
You may have a direct agreement with the RO if direct management has been chosen in the house or at a general meeting of owners it was decided to pay directly to utility providers. An agreement with the RO can also be concluded by your management company (management company), HOA (homeowners' association) or cooperative - it depends on the chosen method of managing the house.
The frequency of waste removal is determined by the contract. If the RO does not comply with this frequency, he violates the terms of the contract. This is a reason to demand a recalculation for poor quality of service.
Reason 2 - failure to regularly clean the container site.
- Responsible - management company or municipality.
By law, the owner must monitor the condition of the site. If the waste collection site is a common property, then it is maintained, repaired and cleaned by the management company (or HOA). If it is not part of the common property and is located on an unregistered plot of land, then it is owned by the municipality. Then the administration of your locality is responsible for it.
Information about who serves it and to whom it belongs must be posted directly on the container site.
If the management company or the administration do not fulfill their duties, it may turn out like this: the operator comes to the site to pick up garbage from the containers. Near the containers, garbage bags are already scattered on the ground and torn by cats. Collecting this is not his responsibility; the cleaning should be carried out by the management company or the administration. Now, if the operator drops several bags of garbage during loading, he will have to pick them up and clean the area.
A dispute often arises between the management company and the RO. Was any debris scattered during loading? Or was the site not cleaned at all?
Let them figure it out for themselves. Our job is to send a signal.
- Draw up a report about non-removal of garbage or contamination of the waste collection site.
To do this, first take a photograph of the area where the garbage has accumulated, and then contact the emergency dispatch service (ADS). We wrote how to do this in one of the sections of this article.
ADS representatives together with you will check the quality of waste removal services and draw up a corresponding report in several copies. The chairman of the council of your apartment building can also draw up an act.
- Write a claim to the management company (HOA), attach an act of non-removal of garbage.
If the site with containers is part of the common property, submit a claim to your management company (or HOA). It is in her interests to eliminate the violation before you file a complaint with higher authorities.
You also need to contact the management company (or homeowners association) in the case when you do not have direct contracts with the relocation operator. Then the management company is responsible for garbage removal.
- File a complaint with your local administration.
We suggest you read: Where and how to complain about a teacher at school
If the site is managed by the administration, send your complaint there.
- Write a complaint to the regional operator.
If your house is managed directly by the owners, or you have direct contracts with the reoperator, then send your claim to him.
- In your claims, demand not only high-quality provision of services, but also recalculation.
Garbage removal is a public service. Therefore, you can request a recalculation of payment for the period when the garbage was not collected at all or was done irregularly and with poor quality.
- City Housing Inspectorate
File a complaint about poor quality of utility services.
Complain about non-compliance with sanitary and epidemiological standards.
If complaints to previous authorities did not lead to the desired result, complain about their inaction to the prosecutor's office.
This is a last resort measure if all the previous ones have not helped. You can sue the management company or reoperator, depending on who is responsible for garbage removal in your case. In the lawsuit, ask to hold the organization accountable for violating the terms of the contract and for refusing to recalculate payment.
It is better if the complaints and claims that you send are collective, from several residents of the house. This way government agencies react faster. You can also file complaints through Dobrodel.
Key nuances when filing a claim
The claim, like the contract itself, can be drawn up in any form, but it is important that in its structure and form it complies with the standards of office work, and in its content and text - with the rules of the Russian language.
The claim should always indicate in order:
- the name of the company on behalf of which it is written;
- the name of the organization to which it is sent;
- addresses of both parties.
The document must contain a title, and it is also necessary to make a reference to the main agreement (entering the number and date of its preparation in the form).
The main part should describe in detail the essence of the claim, including indicating the clauses of the contract that were violated. If the claim is accompanied by any additional papers, photo and video evidence of violations, they must also be mentioned in the document as a separate paragraph.
Next, you need to provide a summary that summarizes all of the above. It should indicate your requirements and the deadline for their fulfillment. Also, do not neglect the warning that in case of refusal to fulfill the claim, the interested party reserves the right to appeal to the court.
Claim the wall in the apartment is freezing
It is quite common that design decisions change during the construction process and the consumption and quality of materials decrease. In addition, it is no secret that mainly migrant workers who have a very vague understanding of construction are involved in working on construction sites. “Saving materials and unskilled labor are, for the most part, the root of all evil,” says Natalya Fertikova. – The workers are untrained, quality control on the part of the foremen is lame. And all this, of course, affects the quality of construction.” It is their own fault. According to the law “On the Protection of Consumer Rights”, the developer is obliged to eliminate all defects. However, in fact, getting him to do this is very problematic. Prudent citizens, in order to avoid possible troubles, invite experts at the stage of signing documents on acceptance of the apartment. There is no point in calling pit.shabanov by phone, they ignore you. You need to write an appeal, you probably have a boss, go to him with this problem, if he doesn’t take action, there is a general manager. We had a similar problem only when we complained everywhere in writing, they solved the problem and need to remind us. Climb into the attic yourself and see what’s what, maybe the roof is leaking and flowing down the walls into your apartment, or maybe the seams are damaged.
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How to file a claim
There are no special requirements for the execution of the document, as well as for its preparation. This means that the claim can be written on a simple blank sheet of any convenient format, or on the company’s letterhead, by hand or in printed form (the latter option is convenient because you do not need to enter the sender’s details and it is easy to make copies). But if the terms of the contract stipulate a specific format for writing and filing a claim, then, of course, you need to follow it.
The claim must be signed by the head of the company or an employee who is responsible for resolving specific issues identified in the document (the signature must only be “live”, the use of facsimile autographs is excluded).
It is not necessary to certify a claim using various types of clichés, since since 2020, companies have the right to endorse their documentation with seals and stamps only if this norm is spelled out in their local regulations.
The claim is drawn up in two copies , which are identical in content and equivalent in law.
After drawing up the claim, it should be registered in the document log, and the sent option should be noted in the outgoing correspondence log.
The claim can be sent by registered mail with acknowledgment of receipt, or submitted by courier or company representative (in this case, you must obtain the signature of the counterparty’s representative confirming receipt of the document).
Fungus in the apartment: how to write an application to the housing department
- In the upper right corner of the sheet we write the last name, first name and patronymic, as well as the address of the place of registration. Provide your contact information;
- in the title we write “statement of committing an administrative offense under Article 7.22 of the Code of Administrative Offences”;
- After that, we proceed to the main text describing the address and nature of the problem. You need to write to the point, without going into unnecessary details and without splashing out emotions, but we are writing an official document;
- at the end, we ask the housing inspector to punish those responsible, understand the situation and issue an order for elimination;
- put the number and signature.
If the voltage drop is caused by poor condition of the wiring or electrical equipment inside the apartment building, then full responsibility falls on the management company. In this case, you will have to complain to the State Housing Inspectorate and the already mentioned Rospotrebnadzor.
21 Dec 2020 marketur 233
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After writing a complaint
A submitted complaint can have different consequences:
- The first and most convenient for everyone is the elimination of shortcomings and further cooperation.
- The second is ignoring requirements. In this case, the law allows for the possibility of unilateral termination of the contract, even if such a clause is not in the document itself.
Also, a party that has suffered losses due to failure to comply with the terms of the service agreement has the right to go to court.
The claim in this case will serve as further evidence of a violation of obligations by the second party.
