A complaint against noisy neighbors will protect your rights to peaceful living in your living space. Many people encounter problematic neighbors who behave too noisily: they listen to music for days, do not stop renovating the apartment, and have frequent night parties. How to hold such tenants accountable using the law?
ATTENTION: Get advice from a civil lawyer and take action.
How to deal with noisy neighbors?
How to achieve the legal right to silence? If you are bothered by noisy neighbors upstairs, you can find out how to deal with it according to the law by asking questions to a civil law lawyer. Every person has the right to silence, this applies to weekends and night time. But neighbors very often do not think about your rights, continuing to listen to music at night and dancing until the morning.
What to do in this case? How to write a complaint against neighbors? Use legal methods to fight neighbors from above. You need to try to negotiate peacefully with the residents, explaining that increased noise at night and on weekends interferes with your rest, prevents your child from sleeping, etc. If you cannot reach the residents, then you need to resort to more radical and effective methods specified in the laws.
Allowed control of noisy upstairs neighbors includes several methods. In most cities of the Russian Federation, including Moscow, there is a law according to which violation of silence from 23.00 to 7.00 in the morning faces administrative liability. At 23.00, grinders, drills and stereos must be turned off; if this does not happen, a person has the right to file a complaint with the local police officer in his area.
How to punish noisy neighbors?
Many people are faced with the issue of dealing with noisy neighbors; the law is on the side of those citizens whose rights to silence are being infringed, and the police are one way to get their way.
If you want to pacify your neighbors with the help of the police, call the local police officer from the nearest department, stating your complaint orally (by phone) or in writing (in person).
To achieve success in such an issue as dealing with noisy neighbors, you need to contact us; the following methods of control are possible:
- Fine. Experts will tell you what measures to use depending on the situation and will help you legally deal with violators, who may face an administrative fine of up to 1,000 rubles, and will file a police report against noisy neighbors
- Administrative arrest. In case of repeated violations, the person faces a more serious punishment - 15 days
- Collection of compensation for moral damage, there is still a measure to evict noisy neighbors for violating the rules of living in an apartment building
- Filing a lawsuit to evict a tenant for violating the rules of the hostel; it can be collective (signed by several tenants)
Is it possible to call the police anonymously?
Attentive people report crimes to the appropriate authorities. Sometimes you don’t want to provide detailed information about yourself, so people make an anonymous call to the police.
Is it possible to contact the police with an anonymous report?
Until a few years ago, calling the police was allowed without providing personal information. At the same time, cases of false calls to law enforcement officers have become more frequent. This affected both the reputation and the work of law enforcement agencies.
Therefore, anonymous calls became unavailable when contacting the duty station. When reporting an offense, a person must introduce himself, indicate a contact number to contact him, briefly describe the situation and indicate the place where the incident occurred. In this case, the application will be recorded and accepted for processing.
Anonymous filing of a complaint with the police is now possible only in the event of a report of an action that has taken place or is being prepared by terrorists. In this case, law enforcement agencies do not risk human lives; they accept the application and check the information provided to them.
You can contact the police using the Helpline. This call is made anonymously. The most common topics for calls to the helpline are terrorism, drug trafficking, etc.
Calling the police using any of the existing methods is safe. The police guarantee the confidentiality of the information provided by those applying and will not disclose it to third parties.
Existing methods of circulation
There are many options for contacting law enforcement to report a crime. Among them:
- Application in writing, presented at the police station.
- "Helpline". In each region of the Russian Federation the number of this service is different.
- Appeal through the online version of the website of the Ministry of Internal Affairs of Russia. In this case, the Internet is used to post information.
The first and third options require you to provide a lot of personal information. The “helpline” requires the least amount of information from the applicant.
The method of appeal should be chosen according to the main criterion - urgency.
For example, if you need to report a complete violation of law and order so that the police arrive quickly, you should call the single number 02 (or 102 for mobile phones) or contact the “Helpline”, from where the information will be transferred to the necessary law enforcement department. Electronic applications may take some time to process.
If you have complaints and similar requests, you can use any of the methods of contacting the police, choosing the most convenient channel for communication with the required department.
What information should you provide when contacting the police?
Depending on the method of contacting the police, the amount of data provided by the applicant and the necessary documentation changes.
A call to the “Helpline” obliges the applicant to give only his last name and postal (or email) address. The latest information is needed to respond to the statement of the person contacting law enforcement agencies.
When submitting a written form on the official page of the Ministry of Internal Affairs of Russia, you will have to indicate your full name, email (and/or postal) address for sending a response to an administrative or criminal case.
The largest list of data is provided upon personal contact with the police department. In addition to your full name, you will have to indicate your passport data (series, number, place and date of issue, etc.), presenting the original document, and not a copy of it. In addition, contact information for communication and mail addresses (paper and/or electronic) are indicated.
How to submit an electronic application
In order to submit an electronic application, a citizen will need:
- Open the website of the Russian Ministry of Internal Affairs.
- Select the item “For citizens”.
- Find the button “Accepting applications from citizens and organizations.”
- Next, find the line “Ministry of Internal Affairs of the Russian Federation”, then “Continue”.
- The window that opens will contain information that is worth reading. After reading, if you agree, you need to tick the specially designated field and click “Send appeal”.
- Subsequently, a form is filled out with the name of the applicant and mail address (paper and/or electronic).
- Next you need to write the application itself.
- Indicate the code shown in the picture.
- Confirm sending the message.
All electronic statements are reviewed, printed and added to the Incident Reporting Book (ICU).
How to write an anonymous letter to the police
Since anonymous requests are currently not accepted by the police, it is recommended to call the “Helpline” or seek help by submitting an online application on the website of the Ministry of Internal Affairs of Russia. These methods ensure that the applicant provides a minimum amount of personal data. It is only worth considering the urgency of the issue being resolved.
How to write a complaint about noisy neighbors?
If you want to bring a noisy neighbor to administrative responsibility, you need to write a statement to the police. If you want to evict your neighbor or want to recover compensation for moral damages from him for disturbing your holiday, and also if you do not agree with the result of the work of law enforcement agencies, then go to court.
When preparing a statement to the police, you must follow the following rules:
- in the introductory part of the application, you must indicate where the application is being submitted, indicate the applicant, residential address, passport details, as well as contact information
- in the descriptive part of the application it is necessary to describe in detail the specific circumstances of the event, indicating the date and necessarily the time of the event
- in the petition part it will be necessary to indicate the requirements
The requirements for filing a lawsuit are formal and should be structured like this:
- In the introductory part it is necessary to indicate the name and address of the court, the parties to the case, the type of claim, as well as the amount of the state fee
- The narrative must set out the circumstances of the case, indicating the date and time
- The reasoning part contains references to the norms of civil and civil procedural legislation governing the subject of the claim.
- And in the final part, the pleading, it is necessary to point out specific requirements, declare it illegal and cancel the decision to bring the person to the adm. responsibility, admit Ivanov A.A. who have lost their right of ownership, recover from Ivanov A.A. compensation for moral damage in the following amount
USEFUL: see additional tips on filing a lawsuit against neighbors due to noise
Noise at night - how can you anonymously call the police department?
If sounds from your neighbors’ apartment disturb your peace and composure, or an attempt to personally resolve the conflict has not taken place, feel free to call the police. Let's look at how this can be done.
The most common way to call the police service is to call the uniform police number.
The uniform police telephone number for landline phones is 02, for mobile phones - 102 for all mobile operators except Megafon. To call the police from Megafon, dial the number 020 or 002. After dialing the number, select number 2 in the voice menu.
You can quickly report your complaint to the police using a single emergency number to call the police - 112. The call will be free both in Russia and in Europe.
REFERENCE. You can call the police even if you have no money on your balance, your SIM card is blocked or there is no connection.
When contacting the police, do not forget to specify the name of the police officer who received your complaint and the time of your complaint. This data will be useful in case the police do not appear at the destination for a long time. The police must arrive within 10 minutes. You don’t have to give your first and last name if you wish.
Since 2014, a new option for communication with the police has appeared - the “Ministry of Internal Affairs” application, which is available for downloading on smartphones in Google Play and the Apple App Store. With it, you can quickly call the police.
How to call the police using the application?
- Open the Google Play app on your smartphone (or the Apple App Store if you have an iPhone).
- In the application search, enter: “Ministry of the Interior.”
- Select an application with the exact same name and click on it.
- Click “Install”.
- Open the application and select the “Short Call” option.
Where and how to apply for noisy neighbors?
Taking into account the above, the application can be submitted to the police or to the judicial authority, depending on the nature of your requirements.
You can file a police report in the following ways:
- In person , employees must register the application and provide KUSP No.;
- By post , it is important that the letter is sent by registered mail, if any documents (evidence) are attached, then it is necessary to additionally make an inventory (Russian Post, courier service)
- Electronically on the official website of law enforcement agencies
To file a claim in court, you must consider the following:
- it is necessary to determine the specific court where the statement of claim will be filed; as a general rule, the claim is filed at the place of residence of the Defendant
- It is necessary to attach a paid receipt for payment of the state duty (original)
- In addition to the court, the package of the statement of claim must first be sent to all parties to the case (by registered mail with an inventory), and then the postal receipt and inventory must be attached to the claim in court
- The statement of claim must be signed
- When attaching evidence, in particular in electronic form (audio, video) - must be correctly formatted, files must be written to a CD or flash drive
You can file a claim with the court as follows:
- In person , the claim must be filed through the court office; the employee must put an acceptance mark, date and signature on your copy
- By post , the letter must be registered and with a list of attachments
- By courier - the same rules as by mail
Statement to the local police officer
A sample document can be obtained from the police department or. The address part contains the full name of the district police officer, as well as the citizen contacting him, residential address and contact telephone number. The text of the application must be literate, concise and contain only the necessary information about the violation. The date and signature of the originator are indicated.
It is useful to fill out the complaint in two copies and ask the office employee to indicate the registration number, date and signature on the second version. A collective complaint will be more effective. Action on it will be taken faster.
Sample application for noisy neighbors
To the Kirovsky District Court of Yekaterinburg
PLAINTIFF : Ivanov A.A. Address
DEFENDANT : Petrov I.I. Address
CLAIM for compensation for moral damage
Petrov I.I. leads an antisocial lifestyle, constantly holds noisy events, accompanied by screams and loud music. Petrov I.I. was repeatedly brought to administrative responsibility under Art. 37 Code of Administrative Offenses SO.
Once again, in the process of holding a noisy event after the permitted time, Ivanov A.A. went out to the entrance area and knocked on the door of the neighbor living opposite. Having opened the door of his apartment, Petrov I.I. used to address Ivanov A.A. offensive and obscene words that humiliated his manhood, which happened in the presence of strangers and strangers (neighbors).
Based on the above and guided by Art. 23 Constitution of the Russian Federation, Art. 150, 151, 152, 1101 Civil Code of the Russian Federation, Art. Art. 131-132 Code of Civil Procedure of the Russian Federation,
ASK:
- Collect from PetrovI.I. in favor of Ivanov A.A. compensation for moral damage in the amount of 10,000 rubles.
Date, signature
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Sample complaint to the police about noisy neighbors
To the head of the Yekaterinburg police department
Applicant Address Passport contact details
APPLICATION to initiate an administrative case for noise from neighbors
Petrov I.I. February 21, 2021 in the period from 01:00. until 03:00 violated the peace and quiet of the residents of the house at the address: Ekaterinburg, st. Lenina, 1, namely from apartment No. 1 during the indicated period loud music, obscene shouts and noise on the landing were heard. To the address I made to I.I. Petrov. comments and demands to stop the noise were not responded to.
Witnesses to the incident: full names of witnesses and their addresses.
Based on the above and guided by current legislation,
ASK:
- Bring to administrative responsibility for violating peace and quiet at night I.I. Petrov. living at the address: Ekaterinburg, st. Lenina, 1, apt. 1
Date, signature
How to win a lawsuit with noisy neighbors?
If you decide to file a claim in court, you can choose two options for winning the dispute for peace and quiet in your home:
A claim for compensation for moral damage due to verbal insult by a neighbor or simply for noise that disturbed your peace
- It is important to prepare, even before filing a claim in court, irrefutable evidence, for example, an audio recording or video recording, from the content of which it will irrefutably follow that I.I. Petrov, on such and such a date, expressed obscene words to A.A. Ivanov.
- It is also necessary to prepare witnesses (eyewitnesses of what happened) who will give correct testimony.
- It would be useful to prepare medical documents confirming the consequences of targeted insults or a noisy party
- Equally important is evidence of disturbance in the form of decisions to bring neighbors of the peace breakers to administrative responsibility, a decision to recognize you as a victim, a decision of an administrative body.
Lawsuit to evict a noisy neighbor from an apartment
- In this case, you need to be patient, since it is important that there is systematicity in the neighbor’s actions over a long period of time and that the neighbors have exhausted all ways to bring him to justice.
- In addition to documents confirming recruitment to the administration. responsibility of the neighbor, audio, video recordings will also need to prepare requests and responses from the city administration.
- It is also necessary to prepare witnesses, unless of course they will act as co-plaintiffs in your claim.
What to do if innocent people are accused
If your neighbors slander you, immediately file a police report.
There are situations when neighbors are unfairly accused of disturbing the peace. In such cases, you can contact the police with a statement of prosecution for slander and false denunciation, or file a lawsuit in court. Evidence will be required. For example, testimonies of other neighbors, video, audio recordings, noise measurements.
