How to evict alcoholic neighbors from an apartment, how to evict a neighbor who drinks from an apartment

How to deal with alcoholic neighbors

But it may happen that police officers do not respond to requests and statements.
At night they will not come to the call, refuse to draw up a report, etc. In this case, it is necessary to fight such an attitude towards service. File a complaint with the prosecutor's office. There is one fear that the police, having recognized the initiator of the statement, will shift their attention to him, in this case to you. If there are prerequisites for this, then act more cunningly. These documents are drawn up at the second stage, so if the first, second, tenth call to the police does not have the desired effect, continue to contact them. Proper and systematic documentation of a neighbor's immoral behavior is necessary to evict him from the house. Having collected documents in such a volume, it is possible to prove in court the tenant’s systematic violation of the legal rights and interests of other tenants. And this will be grounds for eviction.

How to file a claim in court?

Article 17 of the RF Housing Code requires citizens living in residential premises to respect the rights and interests of their neighbors.

The behavior of alcoholics who violate order is grounds for their eviction from their living quarters . Therefore, a claim to evict a noisy neighbor is completely legal.

The main condition that the court can take into account is the systematic nature of the violations .

Only in this case can the judicial authorities decide to apply an extreme measure of influence - eviction.

Your task is to prove to the court that no other measures taken by you have had any effect , and the neighbor continues to violate the order and thereby infringes on your rights. All work done before going to court must be documented.

The package of documents when applying to court must consist of:

Complaints you file with various authorities. Each must bear the signatures of the persons who accepted the application and the date of receipt.
Inspection reports from the Housing Inspectorate and SES, copies of which must be required from the authorities conducting inspections.
Copies of resolutions of the administration and management companies.
Certificates from the Criminal Code about the presence of arrears in payment of housing and communal services.
Copies of police reports.

Only the presence of written evidence of the futility of attempts to influence can give a chance to hope for a positive court decision, so documents must be prepared with special care .

Having collected all these documents, file a class action lawsuit. In the statement, set out point by point all the episodes for which you have evidence, referring to the articles of the laws violated by your neighbor. At the end, state your demand to evict the citizen from the apartment.

Thus, it is possible to evict an alcoholic neighbor only through the court and only if the apartment is not his own only living space or he lives in a municipal or communal apartment .

In any case, this process is quite lengthy and requires a lot of effort. In addition to problems with drinking neighbors, it may happen that someone is being too noisy in your entrance. Where to complain about noisy neighbors, how to write a complaint correctly and to which authorities, read the articles on our website.

How to get rid of alcoholic neighbors and methods of dealing with them

After submitting an application to the administration, the owner of a “noisy” apartment must be warned not to drink or make noise in the apartment, otherwise he may lose his home. After a specialized organization has issued a warning, deadlines are set for correcting the owner’s behavior. If alcoholics continue to organize noisy gatherings, disturbing their neighbors’ sleep, then the apartment may be sold by court decision. In this situation, the property is forcibly sold, and the money from the transaction is given to the owner.

On the top right side of the piece of paper, fill out the header. You can find out detailed contacts by calling “02” in advance;
After you indicate the contacts to whom the complaint is addressed (in the name of the local district police officer), you provide information about yourself, that is, full name, address and contact telephone number;
Then in the middle of the sheet, below the header, write “statement” in small letters. After this, describe the problem in simple language, ask to take action against the people who are ruining your life.

Is it possible to evict an alcoholic from an apartment?

Eviction from a residential premises is an extreme measure when all other ways to cope with the problem have not led to the desired result. Of course, if your neighbor is a quiet drunk who, while drinking, does not lose touch with reality and does not bother anyone, then you will not be able to evict him. Everyone has the right to housing, and everyone is free to live the way they want, as long as they do not violate anyone’s rights and do not pose a threat to your well-being.

But if a person has already lost his human appearance, his behavior has become aggressive, he poses a threat to the whole house - here we need to sound the alarm.

It must be remembered that the neighbors themselves do not have the right to evict a noisy alcoholic; they can only initiate eviction by filing a complaint with the Management Company or the police. But even in this case, no one will immediately evict the aggressive neighbor. Forced eviction is possible only by decision of the judicial authorities.

Is it possible to evict drunk neighbors?

In general, there was a fire in this apartment last night. I woke up at half past five to the smell of smoke. Localized, extinguished and all that. But this is not the first time, and all the people living in the house continue to be in mortal danger. The house, by the way, is from the 19th century, with wooden floors.

How to get rid of neighbors who set up a den for alcoholics

Local drunks have adapted social housing to suit their preferences, and this despite the fact that in the capital more than 1.5 thousand families pay for social housing. And while large families and people with disabilities are languishing in anticipation of the coveted meters, apartment number 57 has turned into a brothel.

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Repeatedly, based on complaints from neighbors, police officers were called there, explanatory and preventive work was carried out, materials were collected regarding the citizen regarding her violation of the rules for the use of residential premises, and in order to bring her to justice, these materials were sent to the housing department.

Nuances

For different types of residential premises, the eviction procedure takes place differently. Let's consider the features and nuances of eviction from communal, privatized, municipal apartments, dorm rooms, as well as eviction of violators if they have minor children.

From a communal apartment

Residents of communal apartments, where the kitchen, utility rooms, and bathrooms are common, especially suffer from the actions of inappropriate neighbors. Often, one alcoholic terrorizes several families living in adjacent rooms of the same “communal apartment.”

If the apartment belongs to the municipality, then there are no problems with eviction. Here the algorithm of actions is as follows:

Neighbors send a demand to the offender to stop his illegal actions.
If there is no response, they write a complaint to the municipality.
In turn, local authorities send the rowdy a warning about the threat of eviction if his antisocial behavior continues.
Then there are two ways: either the offender calms down and continues to live in his room, or, as most often happens, he continues to behave inappropriately. In this case, the neighbors file a second complaint, and the municipality, after receiving the neighbors’ repeated appeal, files a claim with the court to evict the offender from the living space he occupies.

Eviction occurs through court proceedings, and without the provision of alternative housing.

From a privatized apartment

Eviction from a privatized apartment where the offender is its owner is the most difficult thing. Even if the behavior of such a neighbor is absolutely outrageous, it will be difficult to evict him. The legislation proposes other measures to influence this category of citizens:

Fines.
Administrative arrest.
Forced labor.
If these measures do not help, the court may send the noisy alcoholic to compulsory treatment for alcohol addiction at a drug treatment clinic.

In any case, citizens suffering from the unlawful actions of a drinking neighbor should act as follows:

Every time a rowdy neighbor starts to get violent, call the police. The more facts of antisocial behavior are recorded, the greater the chance that the offender will be evicted in the future. Whenever the police are called, you must keep copies of the violation report.
If the apartment of disadvantaged neighbors has an unfavorable sanitary and hygienic situation and it has turned into a breeding ground for rodents and cockroaches, if unpleasant odors are coming from the apartment, you can involve the Sanitary and Epidemiological Station. Within a month after your application to this authority, the institution’s specialists must inspect the residential premises and issue the applicant with a certificate of the condition of the violator’s residential premises. This document will also be useful to prove violations on the part of a drunkard neighbor.
If minors live in a family of alcoholics, you must contact the guardianship authorities. PLO employees will check the living conditions of the minor child and initiate deprivation of parental rights. In this case, it will be much easier to evict noisy neighbors.
Often, such rowdy neighbors damage not only their own property, but also the common property, and sometimes cause material damage to the property of their neighbors. Each such fact must be recorded by drawing up an act of damage to property.

Thus, each fact of violation of your rights will be recorded either in writing or using video or audio documents, which during the court hearing will become evidence of malicious violations of your rights by your alcoholic neighbor.

The more evidence is collected, the more likely it is that the court will be able to save you from such an unpleasant neighborhood. It is advisable to enlist the help of an experienced lawyer.

Example. The owner of a privatized apartment, Shubin, led an antisocial lifestyle for many years, constantly abused alcoholic beverages, and brought drinking buddies who kept the neighbors awake until the morning. The apartment was cluttered, foul odors emanated from it, and hordes of cockroaches and mice terrorized the neighboring apartments. At the same time, Shubin reacted aggressively to the neighbors’ comments, often at night after heavy libations he burst into the neighbors to sort things out.

Neighbors repeatedly called the local police officer and the police, reports of administrative violations were drawn up, the police arrested the rowdy several times, but the violent neighbor’s reaction to the victims’ complaints became more and more aggressive.

Neighbors wrote a collective complaint to local authorities asking them to protect them from their aggressive neighbor. The municipality filed a claim for deprivation of property rights and forced eviction of Shubin in court. As evidence, protocols on administrative violations, reports of damage to communal and personal property of neighbors, and a conclusion from the SES on the difficult sanitary and hygienic conditions in Shubin’s apartment were presented. The defendant did not appear in court.

Having considered all the materials of the case, the court decided to deprive the defendant of his property rights and evict him from the occupied premises.

From a council apartment

Eviction from a municipal apartment is possible only on the initiative of local authorities. An eviction can be initiated based on complaints from neighbors about the antisocial behavior of a neighbor who drinks; the municipality can also evict for debts on utility bills, which antisocial elements usually accumulate for years.

Eviction from a municipal apartment “to nowhere” is unlikely; the offender is provided with another living space, smaller in area and less comfortable. If the violations consist only of prolonged non-payment of utility bills, then alternative housing will be provided. Eviction without the provision of other housing is possible only in cases of flagrant violation of the rights of neighbors, reduction of residential premises to a non-residential condition, or damage to common property.

It is necessary to act in the same way as when evicting from a privatized residential premises, according to the same rules and in the same order. If the complaints of the affected neighbors are collective, it will be possible to achieve the eviction of the alcoholic faster.

From the hostel

If the room in the dorm is privatized, then eviction is possible only as a last resort, when all other ways to bring the drinking neighbor to his senses have been exhausted.

If the room is owned by the municipality or organization, then eviction may follow immediately after a proven complaint from neighbors.

Alternative living quarters are not provided upon eviction from the hostel.

If there are children

There are often cases when minor children live in a family of alcoholics; in this case, it is necessary to contact the guardianship and trusteeship authorities. Representatives of the PLO will definitely visit a dysfunctional family and try to change the situation by outlining the prospects for negligent parents if they continue their antisocial behavior - deprivation of their parental rights and subsequent eviction from the residential premises they occupy.

This perspective may help offenders reconsider their lifestyle, but, unfortunately, this is extremely rare. Therefore, PLOs initiate the deprivation of alcoholic parents of parental rights, the removal of children from the family and their transfer to other relatives or to an orphanage. After depriving the parents of their rights, the court removes them from the child, that is, in fact, evicts them from the residential premises they occupy.

Example. The Nikanorov family lived in a two-room privatized apartment: mother, father and two daughters - eighteen-year-old Anastasia and three-year-old Elena. For the last two years, the parents drank and led an antisocial lifestyle; the eldest daughter and younger sister often had to spend the night with neighbors, as drunken groups gathered in the apartment, and fights often broke out.

After repeated complaints from neighbors to the police and the municipality, local authorities, together with a PLO officer, visited the dysfunctional family and came to the consensus that it was dangerous for girls to live with their parents.

The PLO initiated the deprivation of the Nikanorovs' parental rights in relation to their youngest daughter Elena, the court, having considered all the materials of the case, went to meet them halfway. And since parents deprived of their rights do not have the right to live together with their minor children, the court decided to deprive the Nikanorovs of their property rights and evict them, as well as to transfer the living space into the ownership of their adult daughter.

Subsequently, Anastasia took custody of her younger sister and continued to live in the apartment as the owner of the premises.

The girls were lucky that they were able to stay in the apartment after their parents evicted. This became possible because one of them was already an adult and was able to obtain guardianship over her younger sister. Since the girls had no other relatives, if they were both minors, they would be placed in an orphanage. But in any case, the apartment would not have been confiscated; upon reaching adulthood, they would have been able to live in it.

How to get rid of noisy neighbors who are drunks? Surviving neighbors has become easy

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Disadvantages of living with an alcoholic

Many people will agree that they have lived in neighborhoods with alcoholics for many years and have not felt any discomfort, at least not as often. Indeed, most people who abuse alcohol do not cause any problems, perhaps throughout their lives.

But at the same time, everyone is familiar with people who, while intoxicated, can become rowdy, disrupt order, and disturb neighbors. What if such individuals are chronic alcoholics? In such cases, the life of neighbors turns into a nightmare with daily proceedings, suggestions and lack of sleep at night.

Practice shows that the following problems may occur as a result of drunks living in an apartment building:

Constant noises, quarrels, fights, and so on, interfering with restful sleep and simply the peace of mind of the other residents of the house.
Constant visits from suspicious individuals, usually drunks or worse, criminals, drug addicts.
High risk of crime in the neighborhood, which is undesirable for any neighbor.
The risk of developing infectious diseases in the home, since drunks rarely follow the rules of hygiene or do not follow them at all.
Due to lack of maintenance of the home, pests multiply in it, and subsequently throughout the entire house: cockroaches, beetles, and other parasites.
There is a high risk of fire in a neighboring apartment, which in an apartment building threatens the entire building with fire.

But it is worth noting that those who put up with such a neighborhood because an alcoholic is the owner of the apartment are very mistaken. There are plenty of legal mechanisms for eviction of persons from the housing they occupy, including the owner.

How to get rid of drunk neighbors

Damn, I’m boiling, I’m boiling so much, if I don’t speak out, it’ll tear me to pieces. My neighbors are the devils of hell. We have been living in this house for four years, the neighbor upstairs has been doing renovations day after day for four years, which, tell me, can be done in two rooms every day for four years. And as soon as you put the child to bed, voila and the wonderful sounds of the hammer drill delight our ears, well, at least it is adequate, I go and ask and stops until the child wakes up.

I’m writing for myself, so that I can remember later)))) What my son can do, what he says, because everything flies out of my memory in an instant, now I’m re-reading the entries from the diary, where my son is 5 months old, 8 months old, etc. and it’s as if I’m immersed in that time and living it again. so great. )))) I even began to think about a second child, but not to think about it, but I think about it with trepidation, and not as another, very difficult and difficult period for our family, in particular for me)).

Tackle your alcoholic neighbor

Once upon a time, during the march of the ideas of historical materialism across the country, there was an institution of LTP, which has now been completely erased. But really, how can a district police officer deal with this widespread phenomenon?! But I don’t recommend beating, much less killing! Our Themis is an eccentric aunt: she will elevate a drunkard to the rank of victim, and you to the status of a villain! The solution is to adopt laws that give district police officers the right to harass these bastards quickly and convincingly.

Also, figure out what exactly your neighbor is drilling. Suddenly he’s planning a prohibited redevelopment?! If not, you still need to complain to the DEZ or the Moscow Housing Inspectorate of your district (the district government will tell you the phone number). Then the neighbor will at least be bothered with inspections, and at the most he will be fined so much that it will not seem too much.

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Conspiracies from bad neighbors

If you want your neighbors to move out, then white magic will help you get rid of the evil neighbor or neighbor from your house, or, to be more precise, strong magical spells with the help of which you can get rid of evil thoughts on the part of your housemates will be as easy as shelling pears.

“Help me, Lord, protect me from hatred. I ask for protective forces, calm down the neighbors. Help me put an end to the evil acts of my neighbors, of which everyone is tired, so that they leave behind, don’t come here anymore, so that they don’t bother people to live normally. Help us drive them away from our home, punish them fairly, let them feel uncomfortable here. Let life here be harmful for them and let everything be against their living here. I ask for myself and for my good-natured neighbors. Amen".

Get rid of neighbors using a conspiracy

As our ancestors said: “Don’t choose your house - choose your neighbors!” There is truth in these words. When buying a house, we first choose a living space; we only get to know the people living nearby after we move. But, knowing in advance about noisy, angry or envious neighbors, we would think more carefully about our decision to purchase this or that home.

When not only you, but also other people suffer from a hated neighbor, you can use such a conspiracy. You need to write the name of the arrogant woman on a piece of paper, and write “kind soul” underneath. Roll the sheet tightly and place it in a plastic bag, secure with tape.

How to evict a neighbor who is an alcoholic, drug addict or rowdy according to the law

In real life, there are cases when local governments do not want to go to court to resolve such situations, citing one reason or another for their refusal. But here residents also have a choice - to go to court to declare the authorities’ inaction illegal, or to write a complaint to the prosecutor’s office or higher authorities. Then the residents’ request to oblige local authorities to carry out the necessary set of measures to evict a neighbor who is an alcoholic or drug addict will be satisfied.

Let's look at a situation where the tenants are the troublemakers, and the owner of the premises has nothing to do with it. Here you can contact the property owner with a request to influence the tenants; most likely, his commercial lease agreement contains provisions for eviction if the tenants do not comply with housing legislation, which will allow you to evict an alcoholic or drug addict neighbor.

Procedure depending on housing status

How to deal with drunk and noisy neighbors?

There are factors that influence the specific procedure for eviction of an alcoholic from a residential premises. How to evict an alcoholic:

From council housing
The owner of municipal housing is the administration of the city or rural locality. Resident of such an apartment obliged to comply with the terms of the social tenancy agreement, on the basis of which he occupies a similar living space.
An alcoholic can be evicted from an apartment owned by the authorities on the following grounds:
- failure to pay utility bills for six months;
residence in an apartment of strangers without registration.

main allies in the process of eviction from public housing will be your local authorities . Send complaints to Rospotrebnadzor (SES).

An alcoholic neighbor living under a social contract. rental, is evicted by the administration without providing alternative premises. Your main goal is to collect evidence, that is, document your complaints to various authorities and record the response actions of authorized employees.

REFERENCE. Eviction from municipal housing is regulated by Article 91 of the Housing Code.

It is much more difficult to evict an alcoholic from his own home, even if he maliciously violates the norms of cohabitation. Find out how to forcibly evict the owner from an apartment.
It is more advisable to act in these circumstances with the involvement of a competent lawyer, otherwise all attempts will be in vain.
As in other cases, you need to complain to the Ministry of Internal Affairs for every violation of order . Contact the SES with a complaint about the poor condition of the apartment.
But the only effective way will be a collective appeal to the court . Only this measure will give a chance to move the drunkard away from you.
IMPORTANT! Unlike eviction from public housing, expulsion from your own living space is impossible. The regulations for actions in this situation are contained in Article 293 of the Civil Code of the Russian Federation.
In these circumstances, an appeal from the management bodies of an apartment building: HOA, management company or local government can be really effective. If there is well-reasoned evidence, the court will most likely rule in favor of those filing a claim .
You will have to go to court twice. First, the court may issue a warning to the alcoholic neighbor, demanding that he stop the violations and bring his own home into proper condition.
It is unlikely that a degraded person will fulfill these requirements. After the period for correcting the situation has expired, a second application will be required. After this, the alcoholic will most likely be evicted. Housing is put up for auction and the owner, having received them, can purchase another apartment.
IMPORTANT! It is worth considering that, according to the Civil Code of the Russian Federation, the court is unlikely to evict the owner from his only home, unless it is a mortgaged premises. In this case, the court may side with the bank.
From a room in a communal apartment Based on Art. 83 of the Housing Code of the Russian Federation, an alcoholic neighbor is evicted from a room in a communal apartment on the following grounds:
- non-payment for services;
inadequate sanitary condition of living quarters and common areas.

You must act in the same order: first file complaints with the police, SES, and Housing Inspectorate. Then, together with other residents of the communal apartment, file a claim in court, demanding to collect debts for housing and communal services and to bring the living space into proper condition.

When living together in a communal apartment, all these requirements must be strictly met, so eviction is quite possible.