Experts tell us how to avoid “wars” with neighbors

I’m leafing through the correspondence, and someone offered chocolates as compensation for the noisy renovation. But someone’s husband writes: “Neighbors, I’m at work, please help my wife connect the dishwasher.” And immediately there were people willing to help. And here’s another one: someone posted beautiful photos of the sunrise over our house.

Some will say, it’s an idyll, and that’s all. “And who lives in your house?” No, it’s not an idyll, of course, and there are plenty of problems discussed - someone broke the lock on the door to the entrance, a cigarette butt landed on the lawn, someone “tarred” it on the common loggia, and so on.

But something in the “dormitory rules” clearly happened, and in some places it even changed dramatically. Why? Tired of swearing, and the neighbors unanimously “buried the hatchet.” Or maybe there is something more behind this? What do experts say about this?

If your neighbor has a menagerie

My neighbor has 20 cats in her apartment, and the smell in the entrance is terrible. What to do? Is it possible to attract her?

This is a very complex legal, moral and ethical situation. But it is possible and necessary to fight the neighbor’s cat ugliness. Your neighbor is clearly violating sanitary and epidemiological legislation. Every person has the right to a prosperous environment. And this right is protected by law.

You need to contact the police and territorial bodies of Rospotrebnadzor. They, in turn, are obliged to conduct an inspection, carry out research, and determine whether the permissible odor standards are exceeded. The result of this check will be the basis for further action. They may be subject to administrative liability - a fine of up to 1,000 rubles.

If tenants or homeowners use residential premises for other than their intended purpose - to keep an unimaginable number of cats, while violating the legitimate interests of neighbors, they can be evicted by court decision. Tenants - without the provision of other residential premises, and owners also with the termination of rights to housing. The apartment will be sold at auction, and the proceeds will be paid minus the costs of sale. In addition, victims can recover moral damages, since the violated right to a prosperous environment is a non-property right.

Several years ago, I witnessed the eviction from the apartment of a grandmother who had more than 60 cats living in her one and a half apartment. She felt sorry for them very much, much more than for her neighbors. There was an unbearable stench in the entrance. When a team of specialists cleaned the apartment, they found several dead cats; they, apparently, were the source of the terrible smell. In my opinion, the court should make unambiguous decisions in such cases and evict, regardless of personality and merit. We are talking about the health and lives of other people who have the right to love or not love cats, but at the same time live in cleanliness and order.

How to get to know each other and make everyone feel positive?

There are two options: either you come to them, or they come to you. In the first case, you go to your neighbors with “cakes” and a box of tea (alcohol is strictly not recommended), in the second, they come to your housewarming party based on invitations scattered in mailboxes.
How to unite neighbors? Surely there are problems in your yard or at home (potholes on the roads, lack of amenities in the playground, “hangouts” of homeless people and crazy youth in the sandbox, creepy walls in the entrance, etc.). You can become the initiator of solving one of the problems with joint efforts - this way you will “present” yourself in the right light and will immediately see your neighbors in all their glory. After solving the problem (we repaired the hole that was in the way of cars, made benches or lids with locks for the sandboxes, organized a cleanup day, painted the walls in the entrance, etc.), you can also have a picnic right in the yard.
Be ready to help your neighbors if they ask for help, or don’t ask, but clearly need it: push the car, lend a stepladder or hammer drill for a day, carry a chair to the apartment, borrow salt, etc.
If the light bulb in the entrance burns out, do not wait for the housing office to change it. Change it yourself (it's not difficult or expensive). Or you can chip in with your neighbors and buy energy-saving light bulbs for all stairwells.
Participate in “household affairs”. In meetings, discussing issues, donating money for certain general needs, etc. Living separately is great, but if you are a “sociopath,” don’t expect your neighbors to treat you well.
If you are forced to leave a large item on the stairs (for example, you bought furniture, but your father-in-law promised to take the old one to the dacha on Saturday, and both “sets” do not fit in the apartment), then hang a note apologizing for the temporary inconvenience . And don’t forget to keep your “pick up on Saturday” promise.
Never discuss with some neighbors about others. Washing the seeds does not benefit the general atmosphere of the entrance (house). If you have complaints, express them specifically to the person to whom they are addressed, and not secretly to all your neighbors through gnashing of teeth.
Never open up to everyone right away. Some will consider this great stupidity, others will laugh, and others will use it against you. And only 1 out of 4 will love you to the core for it. Leave all the details about yourself at home.
Try to be with your neighbors, if not to be friends, then at least to remain on normal terms . You never know when you might need your neighbor’s help (not entering an entrance or apartment, looking after a home or animal, leaving a child in a force majeure situation, calling for help during a robbery, asking for a duplicate key if it’s lost, etc.) .

Alcoholics, brawlers with an unbalanced psyche, “bulls”, etc. Do not enter into any conversations with these people at all . If problems arise, communicate through the district police officer.

Friendship with neighbors - it really exists. Of course, no one forces you to bake pies and invite everyone to your place, including that alcoholic from apartment 5, but in our turbulent times it is still better to be attentive to each other.

If you don't like your neighbors at all, at least show them respect .

And be polite! Politeness - it takes over the city.

Have there been similar situations in your life? And how did you get out of them? Share your stories in the comments below!

If you get hit by a cigarette butt

A burning cigarette butt flew onto the balcony from the neighbors. What to do? Can they be punished?

Current legislation does not prohibit smoking on the balcony (but does prohibit smoking on the staircase). The Decree of the Government of the Russian Federation only prohibits the use of open fire in residential premises, including on the balcony. That is, you can smoke, but you cannot light a cigarette from an open fire. You can invite your neighbor. For such a violation, a fine of 2,000 to 3,000 rubles is provided for individuals. And if the violation occurred during a special fire regime, then from 2000 to 4000.

If a neighbor’s cigarette butt causes a fire and damage to your property is caused, that is, there are also specific material consequences from a violation of fire safety, then - from 4,000 to 5,000 rubles.

The problem is that it is difficult to attract a neighbor; you need to record the time, place, and circumstances of the violation. This could be a video recording or reports from witnesses. If there is a fire, you must call the firefighters. And not only to eliminate the consequences, but also to clarify the circumstances, including in order to find the culprit.

If, as a result of a fire, someone is seriously injured or there are deaths, then the culprit will be held criminally liable. He will have to serve a sentence of up to 7 years.

What to do?

Before taking action, you need to collect information about your neighbor's health. If there is a mental disorder, there must be appropriate confirmation.

Citizens with such diseases are registered at a psychoneurological dispensary and are periodically observed by doctors. The presence of a guardian in an adult without obvious physical disabilities indicates that the person is recognized by the court as partially or completely incompetent as a result of a mental disorder.

Collection of evidence

It is imperative to collect evidence of the tenant’s unlawful behavior:

record conversations on a voice recorder and inappropriate actions on a video camera;
collect testimony from other residents who witnessed the incident;
involve representatives of the management company to record violations and harm;
record calls to the police, ambulance and other authorized bodies.

Facts of contacting law enforcement agencies or other institutions are evidence of unlawful behavior of the person against whom the complaint is filed.

Conversation with a neighbor

You should be careful when communicating with inappropriate people. A harmless patient during periods of exacerbation of a mental disorder poses an increased danger to others. Therefore, you don’t need to open the door if your neighbor is yelling and trying to break into someone else’s apartment. The conversation should be conducted when the victim is sure that the offender does not pose a threat. It is quite possible that he realizes his guilt and seeks medical help on his own.

The second option for peaceful resolution of the conflict is to communicate with the patient’s relatives or find out information about the presence of a guardian and talk to him. These persons are responsible for the behavior of their wards (Article 1076 of the Civil Code of the Russian Federation), and most often it is relatives who act as guardians of mentally ill citizens. They are obliged to respond to the inappropriate behavior of their charges and place them in a hospital for inpatient treatment during periods of exacerbation of the disease.

Contacting authorized bodies

If a conversation with a neighbor, his relatives and guardians did not help, or the person is not recognized as legally competent, you should contact the authorized authorities. The grounds for applying and the procedure for taking measures towards persons suffering from mental disorders are enshrined in Federal Law 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision.”

In the event of inappropriate behavior, persons who are registered at a dispensary or declared incompetent by a court may be subjected to a medical examination and, based on the results of the examination, placed in a psychiatric clinic for subsequent treatment. In order for the specified measures to be taken for a sick neighbor who is recognized as partially or completely incompetent, you need to contact a guardian or write an application to the territorial guardianship and trusteeship authority.

If the offender is a minor, then the parents are responsible for his behavior. They may agree to have the teenager examined and admitted to a clinic if the presence of a mental disorder is confirmed. Consent is provided in writing.

A more complicated situation is when the neighbor is not registered and is fully capable. In such cases, only a court can issue a sanction for compulsory treatment. But to make such a decision, the judge must have reasons.

We recommend reading: Where to file a complaint against neighbors - sample application

Compulsory examination

A psychiatric examination is carried out to determine whether the person being examined suffers from a mental disorder and whether he needs qualified help. If a person is not recognized as incompetent, then the procedure is carried out with his voluntary consent (Article 23 of the Federal Law 3185-1).

The law provides for compulsory examination of citizens, but only if there are sufficient grounds. To carry out the procedure, interested parties need to write an application to the psychoneurological dispensary at their place of residence and provide evidence of the neighbor’s inappropriate behavior.

An examination without voluntary consent can be carried out in cases where a citizen:

poses a danger to himself and others;
is helpless, i.e. unable to independently satisfy their life needs;
may cause harm to himself if medical assistance is not provided in a timely manner (Articles 24, 25 of the Federal Law 3185-1).

Before contacting the dispensary, it is advisable to file a complaint with the police. Domestic conflicts are dealt with by the district police officers in whose service territory the incident occurred. You need to visit the local police station and write a statement. The second option is to file a complaint with the territorial department of the Department of Internal Affairs. Police officers will conduct an inspection within 10 days and provide a written response on the decision made. It is quite possible that bringing the guilty person to administrative responsibility (provided that the offender is fully capable) for failure to maintain silence, unsanitary conditions and petty hooliganism will be sufficient for him to independently seek medical help.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

It is advisable to contact the police when a neighbor behaves inappropriately. The arriving squad will stop illegal actions, take a statement from the victim, interview eyewitnesses and collect evidence. If the neighbor does not calm down, police officers have the right to detain him and take him to the district office for further proceedings and bringing him to administrative or criminal liability, if there are grounds for this. In addition, if there are signs of a mental disorder, the police can call a psychiatric team to the scene of the incident to place the inadequate neighbor in a hospital and conduct a psychiatric examination.

We recommend reading:

Sample application to a district police officer against neighbors - a collective complaint
What to do if a neighbor threatens physical harm

Sample application to a psychoneurological dispensary

An application for compulsory examination is written to the head physician of the psychoneurological dispensary. For greater efficiency, it is advisable to submit collective appeals.

In urgent cases, when, according to information received, a person poses an immediate danger to himself or others, the appeal may be oral. The decision on a psychiatric examination is made by a psychiatrist immediately and is documented in the medical documentation (clause 3 of article 25 of Federal Law 3185-1).

The document, in addition to the personal and contact information of the applicants, contains information about the offender, describes in detail the circumstances of the incident, and reflects the grounds for the procedure. In addition, the application must include information about the refusal of the person or his legal representative to consult a psychiatrist. The document is signed by all participants, the current date is set, and the collected evidence is attached.

If there are sufficient grounds, the psychiatrist within 24 hours sends to the court a reasoned conclusion on the need for a compulsory examination and other available materials. The judge decides on issuing a sanction within three days from the date of receipt of the documents (Clause 5 of Article 25 of Federal Law 3185-1).

Forced treatment

If, as a result of the examination, the doctor confirms a mental disorder and determines that it is dangerous to leave the sick person at home, a medical commission is created within two days, which makes a conclusion about the justification of hospitalization and the need to isolate such a person. Based on the conclusion, employees of the medical institution prepare an administrative claim (Article 275 of the CAS RF). The document is sent to the court to resolve the issue of compulsory treatment.

Based on the results of the consideration of the case, the judge makes a decision on the need for compulsory treatment of the patient or on refusal of hospitalization. If the claim is satisfied, the patient is placed in a hospital for up to 1 month. Upon completion of treatment, he is sent home.

In case of relapse, all of the above actions are repeated and the patient is re-assigned to treatment. This option is relevant if there is reason to believe that the person is truly dangerous to others.

Prosecutor's office

It is advisable to contact the prosecutor's office to appeal the actions of police officers, psychoneurological dispensaries and other institutions that did not respond to the appeal or did not take effective measures. The prosecutor's office is a supervisory authority that, in addition to protecting the rights and interests of citizens, is authorized to monitor the activities of other government bodies.

When submitting an application to the territorial division of the department, employees will conduct an inspection and provide the applicant with a written response within 30 days (FZ-59). If violations or negligence are revealed in the actions of officials, the prosecutor's office will cancel the previously made decision and oblige them to conduct an additional inspection. Based on the results of the proceedings and if there are sufficient grounds, the prosecutor's office has the right to send an administrative claim to the court to resolve the issue of compulsory treatment of the offender (Article 275 of the Code of Arbitration Code of the Russian Federation).

The Law “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision” largely protects the rights of patients.
Therefore, in practice, it is extremely difficult to place a mentally unstable person in a hospital for compulsory treatment. But it is imperative to take action, otherwise the violator may commit a crime and cause harm to himself and others. It is advisable to unite with other residents and collectively defend their rights to a quiet life in authorized bodies. Ask our lawyers where to go if your neighbor behaves inappropriately? What to do if he refuses voluntary treatment? What documents need to be prepared for compulsory examination. You will receive answers to all questions completely free of charge. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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If you painted the entrance

The teenagers painted the entire entrance, including obscene inscriptions. What will happen to parents if the camera records whose children they are?

According to the law, this is not such a harmless violation. Such art is considered vandalism. And this is already a criminal offense. Children under 14 years of age, as is known, are not responsible; their parents are responsible for them, and they are obliged to compensate for the damage caused. In addition, they may be subject to a fine for failure to fulfill or improper performance of their duties in raising children - up to 500 rubles. That is, you can safely call the local police officer if something like this happens in your home. The CCTV footage will serve as evidence in the case.

If a hammer drill doesn't let you sleep

The neighbors are doing renovations, and their hammer drill works both at bedtime and early in the morning. There is no life. What to do?

What matters is when, day or night, the silence regime is violated, and where, in what region this happens. In most areas it is valid from 11 pm to 7 am. On Sundays and holidays - from 19 to 9 hours and from 13 to 15 hours.

If your neighbors are listening to loud music at this time, sawing and drilling so that it is impossible to sleep, and no warnings help, contact the police, an officer will draw up a report.

At the same time, there is an eternal problem: in a large house it is not always possible to determine where the noise is coming from. A police officer has no right to enter residential premises without the consent of citizens. Then it is necessary to conduct a survey of other neighbors who also suffer from loud construction or music. If, after measuring the noise level, an excess is established, this will serve as the basis for prosecution. It, in turn, is determined by regional legislation. For example, in Moscow this is the city’s Code of Administrative Offenses, which provides for a fine of 1,000 to 2,000 rubles, and in the Middle Urals - the law “On Administrative Offences,” the sanction of which is from 500 to 2,000 rubles.

You can go to court to demand compensation for moral damages. And as a last resort, when nothing else helps, we can even talk about eviction of the silence breakers.

Contacting the police

Therefore, if a neighbor threatens, uses violence, or damages things, you must immediately call the police.

Important! You only need to call 02. This is the telephone number of the duty station. All calls to it are recorded. The likelihood that the message will be ignored is minimal.

If county department employees know that a mentally ill person lives at a given address, they may ignore citizen reports.

To avoid this, you should only report if there is a threat of violence or physical force.

Example . Citizen R. called the police when her schizophrenic neighbor broke the metal door to her apartment with a hammer. The appeal was made to 112. The squad never arrived. After 2 days she called the local police officer. A police officer responded to the call and recorded property damage.

An alternative option is to contact the local police officer. To do this, you must submit an application addressed to the head of the police department.

The employee will visit the violent neighbor’s apartment and interview him. Although this method rarely has a real result, it is necessary to collect papers that confirm the appeal to the police.

If they park where they want

In the residential complex, all residents agreed not to park and to use the closed yard only for loading and unloading. But for those for whom the rules are not written, there are always rules. What to do with them?

If the owners, by their general decision, have established a restriction on the use of a closed yard area only for loading and unloading operations, then all residents are required to follow this rule. Even those who voted “against”, and despite the fact that the land plot is in common ownership of the residents of the house. The residents themselves can develop and establish rules for the use of common property and indicate the amount of fines for various types of violations. The fine is credited to the account of the HOA or management company and must be spent on the general needs of homeowners.