Living in an apartment building is often associated with many problems, including the need to endure proximity to people leading a marginal lifestyle. The legislation provides ways to suppress actions that violate public order, as well as sanctions for citizens who disturb other residents. If there are serious reasons, you can influence an unscrupulous neighbor with the help of law enforcement agencies or achieve his eviction. But it is necessary to act strictly within the framework of the law.
Legislative basis for suppressing actions that violate order
When living in an apartment building, you often have to live next to citizens who abuse alcohol or drugs. Such residents cause a lot of inconvenience. Many citizens believe that it is impossible to combat such violations, but the legislation regulates the suppression of illegal behavior and the protection of the interests of other owners in apartment buildings. The regulatory framework that allows influencing unscrupulous neighbors is:
- Housing complex of the Russian Federation. Article 17 regulates the purpose of the dwelling and the scope within which it can be used. Article 83 establishes a list of circumstances under which a social tenancy agreement with a citizen can be terminated, including due to a violation of the rights and legitimate interests of neighbors. Article 91 regulates the reasons for eviction of the responsible tenant and members of his family.
- Civil Code of the Russian Federation. Article 293 regulates the grounds and procedure for terminating the right of ownership of housing, including in the event of systematic violation of the interests of neighbors.
- Code of Administrative Offenses of the Russian Federation. Article 7.21 establishes sanctions for offenders who damage residential buildings and premises.
Neighbors who systematically violate the rights and interests of other residents can be punished in various ways, the most severe of which is eviction. Extreme measures can only be applied by court decision.
To the administration
If some restless resident is not affected by the requests of neighbors and the measures taken by various authorities - he pays fines and continues to live in his own way, systematically neglecting the interests of those around him - a complaint against neighbors to the administration can help. In this case, it is desirable that the complaint be a collective one, with copies of all appeals to other authorities and their responses attached.
In accordance with Article 293 of the Civil Code of the Russian Federation, a local government body has the right in such a situation to file a claim for the sale of a “dysfunctional” apartment at auction.
Article 293 of the Civil Code of the Russian Federation. Termination of ownership rights to unmanaged residential premises
If the owner of a residential premises uses it for other purposes, systematically violates the rights and interests of neighbors, or mismanages the housing, allowing it to be destroyed, the local government body may warn the owner about the need to eliminate the violations, and if they lead to the destruction of the premises, also assign the owner a proportionate period for renovation of the premises. If the owner, after a warning, continues to violate the rights and interests of neighbors or uses the residential premises for other purposes, or fails to carry out the necessary repairs without good reason, the court, at the request of a local government body, may decide to sell such residential premises at public auction with payment to the owner of the proceeds from the sale. minus the costs of executing the court decision.
The owner will receive the proceeds back minus legal costs. And let him buy a home somewhere else.
Sample complaint against neighbors to the administration
Procedure for dealing with rowdy neighbors
If a problem neighbor abuses alcohol, it is unlikely that you will be able to come to an amicable agreement with him, but it is still worth a try. Conversations should be conducted when the person is sober. It is necessary to refrain from taking physical coercion, as this is punishable. A violation of interests should be responded to by contacting the local police officer and law enforcement officers. Collective complaints from residents to various authorities will be much more effective, so it is advisable to cooperate with other apartment owners who are dissatisfied with the current situation.
To solve the problem with unscrupulous neighbors, you should adhere to the following algorithm:
- try to convey claims to the offender peacefully while he is sober;
- call representatives of law enforcement agencies and the local police officer in case of violations of order. There is no need to try to calm problem tenants down on your own. Alcoholics can be aggressive, and such attempts can result in negative consequences;
- cooperate with other residents and write a collective complaint to the local inspector;
- if a tenant violates sanitary and hygienic standards, allows destruction of living quarters and damage to common property, write a collective complaint to Rospotrebnadzor and the housing inspection;
- if other measures taken by the residents did not have the desired effect, collect evidence, including complaints to various authorities, conclusions of the SES and housing inspection, write a statement of claim to the court demanding that measures be taken against the unscrupulous neighbor;
- take part in court proceedings and obtain a decision;
- if an unscrupulous neighbor does not comply with the court's orders, apply to the court again with a demand for eviction.
The greatest effect can be achieved if you act in harmony with other residents. The authorities to which complaints are filed, as a rule, pay much more attention to collective appeals. The district police officer will also not be able to ignore such a statement.
How to deal with neighbors who are alcoholics legally?
Drinkers are quite common among residents of apartment buildings.
They cause a lot of inconvenience to neighbors that they have to endure. And most citizens do just that, believing that it is useless to fight alcoholic neighbors.
Meanwhile, in such situations, the law still stands on the side of respectable residents. The Housing Code of the Russian Federation (Articles 17, 91 and 83), the Civil Code (Article 293) and the Code of Administrative Offenses of the Russian Federation (Article 7.21) provide for protection measures against noisy and otherwise inconvenient neighbors.
A neighbor who is an alcoholic, on the basis of these laws, can be punished with an administrative warning, a fine, eviction, and even deprivation of living space. Eviction is a last resort, and the procedure depends on the basis on which the rowdy lives in the given living space. Read here what legal methods exist to deal with troublemakers.
Complaint to the district police officer. Requirements for document execution
Filing a complaint to the district police officer will lead to an inspection of the actions and living conditions of the problematic neighbor. If the official does nothing, the fact of evasion from fulfilling his duties can be reported to the prosecutor's office. When filing a complaint, the district police officer is advised to follow the following rules:
- The text should be written in legible handwriting; you can also use a computer;
- comply with the requirements for the content and format of the document. First, you need to fill out the header of the complaint, the text of the application itself, indicate the requirements, put a personal signature and the date of preparation;
- You should not file a complaint anonymously. Such requests are considered only in exceptional cases;
- the situation must be described in as much detail as possible.
The complaint must be made in writing; the district police officer is unlikely to respond to oral complaints. It should indicate:
- Full name and position of the addressee;
- Full name, place of residence, contact telephone number of the applicant;
- description of the current situation. It is necessary to indicate as many facts as possible, this will increase the likelihood of taking effective measures against the violator;
- indicate the measures that, in the applicant’s opinion, the district police officer should take to suppress illegal actions;
- put the date and signature.
If a citizen does not have information about the local inspector responsible for his area of residence, he can submit a similar complaint to the head of the territorial police department.
Possibility of forced eviction from housing
The procedure and grounds for eviction of an alcoholic neighbor will depend on the right under which he lives in the apartment. So, if he rents living space from an individual, he needs to contact the owner with a complaint. He must take action to resolve the conflict.
If a rowdy neighbor lives in a municipal apartment on the basis of a social tenancy agreement, you should contact the authority that owns the apartment. Such a tenant can be evicted on the basis of:
- non-payment of utilities by the tenant;
- violations of requirements for the sanitary, hygienic and technical condition of housing;
- allowing citizens to live without registration in a municipal apartment;
- systematic violations of the rights and legitimate interests of neighbors.
It is necessary to file complaints with Rospotrebnazdor (SES). The municipality, which owns the apartment, should provide support to dissatisfied residents. Evidence of the illegal actions of an alcoholic neighbor should be collected. Confirmation will be complaints to the district police officer and other authorities, as well as documents recording the actions taken by the authorities. When forced to evict a tenant from an apartment owned by the municipality, one should rely on Art. 91 Housing Code of the Russian Federation. The collected evidence will be needed to argue your position in court.
If an unscrupulous neighbor lives in an apartment that he owns, it will be much more difficult to evict him. In such cases, it is impossible to expel him if the tenant has no other place of residence. It is necessary to rely on Article 293 of the Civil Code of the Russian Federation, which regulates the grounds for termination of ownership of residential premises.
A neighbor who violates the rights of other residents can also be evicted from a room in a communal apartment only through the court.
To the guardianship and trusteeship authorities
You may need to file a complaint against your neighbors with the guardianship authorities not only for your peace of mind, but also to protect your minor neighbors. How to complain to guardianship about neighbors? You can complain to the guardianship authorities if:
- in the apartment next door you can often hear children crying and screaming;
- in the apartment where young children live, there is often drinking;
- you witnessed minors living in the apartment next door engaging in drinking or smoking.
Complaints to Rospotrebnadzor and housing inspection
When contacting these authorities, you should not demand the eviction of your neighbor, since such issues are not within the competence of the employees of these authorities. The request of dissatisfied residents should be to organize an inspection and draw up home inspection reports. These conclusions and the complaints themselves will need to be attached to the statement of claim to the court.
It is advisable to involve as many residents of the building as possible in contacting the authorities. A collective complaint will have a greater effect. Residents need to act together, leave their personal signatures and telephone numbers for contact in the text of the appeal.
You need to complain to Rospotrebnadzor if your neighbor violates the requirements for the sanitary and hygienic condition of the apartment. If there is an unpleasant odor in the room, parasites live. The authority's employees will conduct an inspection, draw up a report and demand that the resident correct the violations.
The Housing Inspectorate responds to complaints related to damage to common property or property belonging to other residents. So, if a neighbor systematically floods the apartments of other owners, the agency’s employees will draw up a report recording the violations and oblige the citizen to eliminate them.
The complaint must indicate:
- information about the applicant and all residents who are dissatisfied with the illegal actions of the offender;
- information about the person in whose name the application is being submitted;
- description of the situation with specification of facts and references to legal norms;
- requirements for action. It is necessary to specify exactly what actions, in the opinion of residents, should be taken by the authority’s employees;
- contact numbers of residents;
- address details of one of the applicants for sending a response;
- date and signatures of all dissatisfied tenants.
The complaint is drawn up in two copies. One must be preserved; it will serve as evidence in court. The copy left with the residents must bear the mark of the person who accepted the appeal.
First steps towards eviction
How to get rid of a drunk neighbor?
It is unlikely that it will be possible to resolve the issue peacefully, since conversations and appeals to the conscience of a person with inappropriate behavior are practically useless. Simply presenting a claim will most likely cause aggression on the part of the drinking citizen. Therefore, you can only talk to him when he is sober.
IMPORTANT! Under no circumstances should you use physical force on an alcoholic. Your actions will be regarded as hooliganism, and this is already a violation of the law on your part.
Every violation by a noisy neighbor should be stopped with the help of the police. You can call squads or ask the local police officer for help. By the way, your joint actions to solve the problem with other residents of the house will be much more effective.
Collective complaints will have a greater effect, and the district police officer will be forced to actively respond to them. Read about how to correctly write a statement to a local police officer here.
Statement of claim to court
If all of the above measures do not have an effect, you should go to court. The statement of claim states:
- plaintiffs' data;
- information about the authority to which the application is submitted;
- the most detailed description of the situation with references to legislation;
- requirement to take measures to protect the interests of plaintiffs;
- date and signature.
All collected documentary evidence must be attached to the application.
It is worth considering that during the first trial the court will not evict the unscrupulous neighbor, but will oblige him to eliminate violations of the rights of other residents. If the citizen does not comply with the order, another proceeding with a demand for eviction should be initiated.
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