Who according to the rules accrue rent after death

The rent is charged continuously even after the death of the owner of the property. However, for many it is not obvious to whom the rent is charged after death and who exactly should pay for the apartment if it has not yet become the property of the heirs. The situation becomes even more complicated if the right of inheritance is not transparent and the deceased did not have time to leave a will.

In order to figure out who should pay for utilities and other costs, you need to refer to the Civil and Housing Codes of the Russian Federation. Their articles (153 of the LC RF and 1152 and 1113 of the Civil Code of the Russian Federation) describe who and to what extent is responsible for real estate after the death of the owner.

If the heirs do not complete the necessary documents on time, they may have problems related to the accrual of penalties for non-payment of rent and, in the worst case, taking over the property in their own possession.

Position of the law

According to the Housing Code of the Russian Federation, payments for real estate and housing and communal services must be made on time. Those who, according to the documents, are its owners are responsible for the timely payment of the housing premises.

The premises are recognized as belonging to the heir from the moment the inheritance is opened. It does not matter when the registration of the right of inheritance and its actual acceptance takes place.

The right to inherited property opens with the death of a citizen, and if there are several heirs, then each of them must, according to the Civil Code of the Russian Federation, pay rent in accordance with their share of the property

Possible mistakes

In order for the management company to stop accruing utility bills for the deceased, his relatives must apply to it with a written application, which will include a requirement to recalculate the receipt in connection with the death of a citizen. Here it is worth finding out who is charged the rent after death and who is obliged to pay it.

In the event that the owner of the dwelling suspects that an error has occurred in the calculation of the rent, he must file a statement describing the problem with the following authorities in order of priority:

• management company, the details of which are indicated on the receipt for payment of housing and communal services
• supervisory authorities
• prosecutor's office

At the same time, it is worth contacting each subsequent instance only if no answer was received from the previous one. If the case goes to court, then the applicant will need to provide documentation that will confirm his case and the fact of applying to the above authorities.

Who is now charged rent after death

After the death of the owner of the dwelling, the rent for the deceased, which must be paid by the direct heirs. If at the same time they do not live in the house of the deceased, they are still required to pay for the living quarters.

They may require recalculation in the management company - then they will be relieved of the obligation to pay for certain types of utilities, such as: cold and hot water supply, electricity, sewerage, gas supply. In this case, applicants will need to provide evidence that no one lives in this room. They can serve as a certificate of registration in another place.

How to assert your rights

Citizens who inherited immovable property have the right not to pay penalties for unpaid bills from the date of death of the previous owner. However, new owners are also not required to pay for water and gas in a room in which they are not used. In this case, it is possible to write out tenants (not owners) from the apartment only in court.

An application with documents confirming the death of the owner and the fact of not living in the apartment must be sent in a timely manner (within a month after the incident) to the above authorities. It should be borne in mind that authorities have the right to write out a person who does not live in it and does not pay utility bills for more than six months ( 6 months).

If several people are registered in the apartment, and one of them has died, the rent will come to the same number of residents until the deceased is discharged. It takes a certain amount of time to write it out, so for some time you will have to pay for the "dead soul".

However, after it is removed from the register, it is possible to prove the fact that the deceased did not live in the apartment, demand a recalculation and return the amount. This can be done in the accounting department of the management company.

Controversial issues and extract

If the heirs have not been discharged from the apartment by the previous owner and still enjoy his benefits for utilities, they may be held accountable for violating the law. In this case, penalties will be applied to them.

In the event that the new owners decide to sell the apartment, it will be difficult to do this with the person registered in it (albeit deceased). Based on the above, it follows that the deceased person should be discharged as soon as possible. However, there is no law requiring this.

In order to write out the former owner, it is imperative to have a death certificate, it is issued at the registry office on the day of application - to close relatives, a social institution-trustee, the Federal Penitentiary Service, the commander of a military unit or an employee of the internal affairs bodies

When applying, you must have with you:

• the passport;
• the passport of the deceased;
• paid receipt of state duty;
• a certificate of death, which can be obtained from the doctor who ascertained death, as well as from the mortuary employee after the autopsy has been performed.

The applicant for a death certificate is required to provide the registry office with documents proving his rights to receive it. They can be a birth or marriage certificate, a certificate, etc. If the registry office already has a mark on the death of a citizen, then the document can be obtained by paying a fee ( 200 rubles).

After receiving the certificate, you can proceed directly to the extract.

It can be done with:

• passport office of the management company;

In some cases, you have to go to court to document the fact of death. Such cases are: missing and long absence of a citizen, death in the territory of another state (even with a foreign certificate) or death that occurred a long time ago.