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A special feature of an apartment building is the common utilities. Centralized heating and plumbing have greatly simplified the life of modern people. However, they connect us with neighboring apartments every day. Therefore, if an antisocial tenant appears, other apartments are also subject to invasion by cockroaches and rodents. They pass through ventilation, through risers and even through sewer pipes. Few citizens are satisfied with such a neighborhood. In such a situation, a complaint against neighbors for unsanitary conditions will help. Let's consider samples to Rospotrebnadzor and the sanitary and epidemiological station.
Compilation rules
The general rules for drawing up a complaint to the SES, both in written and electronic form, are enshrined in Article 7 of the Federal Law of May 2, 2006 N 59-FZ (as amended on December 27, 2018) “On the procedure for considering appeals from citizens of the Russian Federation.”
There is no need to rewrite this article, but rather write down what needs to be written and where.
- Document header. In this part you need to indicate the name of the body, namely the territorial branch of the SES. A little lower you need to write the applicant’s full name, his postal address (email address if the complaint is not sent in paper form).
- Main part. In this part, the applicant must indicate the essence of the claim, that is, the reason why this appeal was written. If there is any evidence confirming a violation, indicate it. At the end of the main part, the applicant’s demands should be described, that is, what he wants to achieve with this complaint.
- Final part. Everything is simple here, the date of preparation of the document is indicated and the personal signature of the applicant is placed.
Sample applications
Basic requirements for all appeals submitted to government bodies (FZ-59):
- The document should not be anonymous - otherwise it will not be considered by the department to which it was sent.
- Threats, insults and obscene language are not allowed - officials have the right to leave such complaints without consideration.
- A complete and clear description of the incident that forced the applicant to contact the authorized body - the procedure for further actions and, in general, the reaction of the employees of the authorized body depend on the detailed description of the violations.
- Complaints on paper must be signed by the applicants - otherwise they are treated as anonymous.
Applications to government agencies are submitted in several ways. During a personal visit to the territorial division of the department, by mail or through the official website (electronic appeal).
To Rospotrebnadzor
The application to Rospotrebnadzor consists of three parts:
- Heading – indicates the name of the body (territorial division of Rospotrebnadzor), the applicant’s full name, residential address, contact information (telephone, e-mail, etc.), as well as information about the violator.
- The main part – the essence of the claim and a list of evidence confirming the guilt of specific individuals are displayed.
- The final part - the requirements of the victim are described, the current date and signature are given.
There are no strict rules for drawing up a document. The main thing is to take into account the above requirements.
To the sanitary and epidemiological station
Infrequent cleaning of housing, accumulating dirt and other debris in the apartment and common areas, the appearance of harmful insects and rodents - all these are reasons to write a complaint against your neighbors to the territorial division of the Central State Sanitary Service. The procedure for drawing up a document is identical to applying to Rospotrebnadzor. The requirements are similar.
It is important to attach to the paper evidence that confirms the facts of illegal actions: testimony of other residents, photo, video materials, inspection reports of premises by employees of the management company, HOA, copies of appeals to other authorized bodies (the police, management company, prosecutor's office), etc.
Important! In addition to bringing the perpetrators to administrative responsibility, service employees are required to carry out free disinfection in cases where a collective complaint is filed from three or more residents of the entrance.
To the management company
The application to the Criminal Code is written in free form. It is necessary to indicate from whom the document is being submitted (collective appeals are usually more effective), the name of the management company, describe in detail the essence of the problem and display the requirement to take response measures. The complaint can be personally taken to the office of the Criminal Code or sent by registered mail.
To the police
Appeals to the police are written to the head of the district police department or the local inspector (if it is known who serves a particular house). Applications are accepted in writing or orally (by phone number “02”). Written complaints must be signed by the applicant (Article 141 of the Code of Criminal Procedure of the Russian Federation).
The document, in addition to personal data and contact information of the injured party, contains information about persons who do not maintain cleanliness, and describes in detail the circumstances under which illegal actions were committed. If there is evidence, they are also attached to the material.
To the administration
It is advisable to submit collective complaints to local government bodies about the actions of neighbors who have created unsanitary conditions. The document does not have strict rules for filling out, but is drawn up in writing. It is important to indicate the details of the applicants, violators and describe in detail the circumstances of the incident. The application is signed by all participants of the appeal.
In order for the administration to initiate the creation of an administrative commission, the complaint must be supported by evidence. We are talking about copies of statements to the police, the Criminal Code, the fire inspectorate, Rospotrebnadzor, etc., as well as written responses from departments with the results of the inspection and the decisions made.
To court
The claim is drawn up in writing, taking into account the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The document reflects the following information:
- The name of the body where the claim is filed - justice of the peace, district court of first instance, court of appeal, etc. Jurisdiction and jurisdiction are enshrined in Chapter 3 of the Code of Civil Procedure of the Russian Federation.
- Full name, residential address and contact details of the plaintiff.
- Defendant’s details – full name, place of residence, registration, contact information. Without information about the defendant, proceedings in the case are not opened.
- The essence of the claim is what rights were violated, what damage was caused, what the plaintiff demands from the defendant.
- What are the applicant’s claims based on – evidence of the defendant’s guilt.
- The price of the claim, if it is subject to assessment, is the amount of compensation that the plaintiff wants to receive, as well as calculations confirming the validity of the specified amount.
- List of attachments – a list of documents and other materials that are attached to the claim.
In addition, the application may indicate other information that is important when considering the case on the merits in each specific case. In order for all parties to the dispute to have the opportunity to familiarize themselves with the claim, it is drawn up in several copies. In addition to evidence and other papers, the document is accompanied by a receipt for payment of the state duty. If a representative of the plaintiff is involved in the case, a notarized power of attorney confirming his authority will be required.
Dealing with unsanitary conditions caused by irresponsible neighbors is quite difficult.
The legislation of the Russian Federation does not allow eviction or even punishment of violators without sufficient grounds. You need to contact several authorities and prove that the actions of individual residents create serious problems for other citizens. Ask our lawyers how to call the sanitary and epidemiological station if the cleanliness rules are not followed? What to do if neighbors litter the common corridor or landing? Does it make sense to go to court in your particular case? You will receive answers to all questions quickly and free of charge. Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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Submission methods
There are currently 3 ways to file a complaint with the Sanitary and Epidemiological Station:
- Appear in person at the territorial SES office. This option is not very effective, since you will have to find the right words and tell the whole situation orally, without missing any details. Shyness or too strong emotions can interfere with this.
- Send via mail. It is better to use registered mail.
- Send an electronic complaint through the official website of Rospotrebnadzor, since the sanitary and epidemiological station is a division of this organization .
✨ Conclusions
The appearance of an unsanitary apartment in an apartment building is a problem that requires an immediate response. The more time passes from this moment, the faster the unpleasant odor and infections will spread, and the reproduction of insects and rodents will be difficult to stop even with insecticides. If you suspect unsanitary conditions in a neighbor's apartment, you should immediately file a complaint with the management company, Rospotrebnadzor, the sanitary and epidemiological station, or file a claim in court.
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Sample complaint against a neighbor
The hat is the same as in the sample above.
COMPLAINT
The residents of the neighboring apartment No. __ created unsanitary conditions in their place. Their apartment constantly emanates an unpleasant, pungent odor; crowds of cockroaches were repeatedly noticed crawling along their front door. When one of the residents left this apartment, one could notice heaps of various garbage scattered all over the floor.
In accordance with the Federal Law “On the Sanitary and Epidemiological Welfare of the Population”, SanPiN 2.1.2.2645-10 “Sanitary and Epidemiological Requirements for Living Conditions in Residential Buildings and Premises”.
ASK:
- Conduct an inspection of the residential premises for compliance with the requirements of sanitary legislation.
- Hold residents accountable for violating sanitary and epidemiological rules for living in residential premises.
(Date) (Signature)
Where to contact?
Example . A man contacted the site’s lawyer. He spoke about an elderly neighbor who lives in an apartment on the first floor. She collects stray dogs and brings them home. From 7 to 14 dogs permanently live in the apartment. The woman feeds them food that she collects from garbage dumps. If puppies are born, she takes them out to the entrance. She doesn't walk them all the time. Therefore, the apartment was permeated with a strong smell of excrement. Lately she has started collecting trash. There were cockroaches and mice in the apartment. The neighbors don't know where to turn to make this nightmare stop.
If neighbors have created unsanitary conditions in the apartment, this action is classified as mismanagement of property. In accordance with Art. 30 of the Housing Code of the Russian Federation in this case, measures can be taken, up to and including eviction from the apartment.
In such a situation, it is necessary to act in a certain way.
No. | Procedure | A comment |
1 | Find out the status of residents | They can be tenants under a social tenancy agreement, commercial tenants or apartment owners |
2 | File a complaint with the district administration | If the disorder is caused by the tenants, then the owner of the property (local administration) has the right to evict them through the court without providing alternative housing or providing a room in a dormitory. |
3 | Provide information to the apartment owner | If the offender is a tenant, then the owner of the property must take eviction measures. It is necessary to threaten him with contacting the Ministry of Internal Affairs (if illegal immigrants live) or the tax office (if he does not pay taxes). |
4 | File a complaint with the sanitary and epidemiological station and Rospotrebnadzor | This method is suitable if the offender is the owner of the apartment |
To document the fact of unsanitary conditions, it is necessary to call specialists from Rospotrebnadzor and the sanitary and epidemiological station.
Time frame for considering a complaint to the SES
This period does not exceed 30 days, however, there are some cases when the consideration may extend for another month, but no more (reason). Such cases include:
- Exceptional cases. The law does not provide an exact list of these cases. Classifying a complaint as an exceptional case is the right of the body where the complaint was received.
- Sending a request to other authorities to obtain documents and information necessary to resolve the issue.
Who should poison cockroaches?
The management company is responsible for the sanitary condition of the house and surrounding area. If cockroaches enter an apartment from the basement, entrance or garbage chute, according to Article 161 of the Housing Code of the Russian Federation, the management company is obliged to urgently carry out disinfestation.
Planned extermination of insects is carried out once a year. Unscheduled - at the request of residents. The management company must pay for calling an exterminator on its own. Pest control costs are already included in the rent.
If the management company refuses to fight insects, residents have the right to complain to the prosecutor's office. To do this, it is necessary to collect signatures from at least 80% of the residents of the house or entrance.
In the case where children live in an apartment with unfavorable sanitary conditions, neighbors can write a collective appeal to the guardianship authorities. Guardianship will sort out the situation as quickly as possible.
Legal consequences for those against whom the complaint is made
Why is the complaint being filed? In order to inform the competent authorities about the presence of violations of laws, provide grounds for inspections and appropriate reactions. If the complaint is drawn up correctly, then the SES will first conduct an inspection of this appeal and, if violations are detected, will apply legal sanctions.
There are not many legal consequences for the violator. This includes:
- Request to eliminate identified violations. In the case of legal entities, the SES may suspend their activities until the violations are eliminated.
- Assignment of a fine.
What do cockroaches do while the trial is going on?
During its life, one insect lays from 20 to 90 clutches, each of which contains from 15 to 60 eggs. Cockroaches lay eggs in a special protective capsule called an ooteca. The durable pouch protects the larvae for several weeks from poisons, moisture and temperature changes.
The female lays eggs in a dark, inaccessible place. And when they hatch, everything starts again. For this reason alone, the fight against insects should not be left to chance and should not be given time to settle down. The longer cockroaches live in a house, the more of them there are.
Courts are good for cockroaches. Therefore, if you were unable to reach an agreement with your neighbors, do not hesitate and contact an exterminator. Our specialists will destroy cockroaches at any time and on any day.
If you need a guaranteed result, call us or fill out the feedback form. A company employee will advise you on the exact cost of the service and book an exterminator visit on a date and time convenient for you.