We bought an apartment and got other people’s debts: who should pay?

When purchasing real estate, the new owner may face the issue of previous debts that the former owner chose not to pay and concealed during the transaction.

Attorney Darina Azovtseva of LESHCHENKO & PARTNERS commented for RBC-Ukraine on how to act when the new property owner receives utility bills for the debts of previous residents.

The buyer is not obliged to pay the previous owner’s debts

According to Darina Azovtseva, it is common in Ukraine that after purchasing real estate, the new owner receives bills for debts of the previous resident. Sometimes these amount to tens of thousands of hryvnias for electricity, water, heating, or building maintenance.

It also happens that companies refuse to sign a new utility contract until the old debt is paid.

When paying the debts is legal

If the sale-purchase agreement explicitly states that the buyer agrees to pay the debts, then such terms are lawful.

If the contract does not mention any debts, or the seller assured that none existed, and you discover them only after registration — the situation is different.

What the law says

The obligation to pay for services arises only from the moment of actual use, not merely from the transfer of ownership. This is governed by several legal documents.

Law of Ukraine “On Housing and Communal Services” No. 2189-VIII:

• Article 2 regulates relations between providers, executors, and consumers of services;
• Article 7:
• Clause 1 part 1 – the consumer has the right to receive services on time and of appropriate quality;
• Clause 5 part 2 – the obligation to pay for services within the period specified in the contract.

Housing Code of Ukraine:

Articles 66, 67, 162 define the owner’s obligation to pay for housing maintenance, the surrounding territory, and utilities if they actually use the premises.

Civil Code of Ukraine:

• Article 322 – “the owner bears the burden of maintaining the property”;
• Article 382 part 2 – all apartment owners are co-owners of the common property of an apartment building (stairs, roof, elevators, etc.).

Azovtseva notes that co-ownership relates to expenses for common property but does not include the previous owner’s debts for personal services (gas, water, electricity).

Judicial practice

The attorney provides examples from court practice. In case No. 686/6276/19, the Supreme Court (decision dated 01.09.2020) stated that service provision agreements do not encumber property. In the absence of a corresponding clause in the real estate alienation contract, claims for debt collection should be filed against the previous owner.

According to Article 7 of the Law “On Specifics of Exercising Property Rights in an Apartment Building,” the new apartment owner assumes the obligations of the previous owner as a co-owner of common property. However, this norm does not oblige them to pay someone else’s debts for water, electricity, or heating. It only governs relations regarding shared property maintenance.

What to do if the bills include someone else’s debts

The lawyer advises taking a step-by-step approach:

• Contact the utility provider with a written request. You should demand:
  • to open a new personal account in your name;
  • to reconcile the meter readings;
  • to write off debts accumulated before the date of ownership registration.
• Attach to the request an extract from the State Register of Property Rights confirming the date of ownership transfer.
• If services are not provided or you are forced to pay others’ debts — go to court to recognize the utility company’s actions as unlawful.