How to evict alcoholic neighbors from a municipal apartment

In residential high-rise buildings there are several apartments on one staircase.

At the purchasing stage, the future home owner is not always able to find out whether the neighbors are prosperous. If there are alcoholics among them, you may have to start defending your own rights to a quiet life .

Features of eviction

For each individual case, there are rules for the procedure for eviction of a drunkard, and they are somewhat different.

An alcoholic neighbor and an alcoholic close relative are two different evictions, plus the possibility of aggravating the procedure:

• the presence of a neighbor with minor children living with a negligent father;
• a serious illness of a relative (in addition to alcoholism, he may suffer from diabetes, for example).

In order to comply with all legal requirements and not end up guilty, before evicting an alcoholic, you need to find out:

• who owns the housing;
• does the alcoholic have relatives vying for living space;
• whether he has children under 18 years of age.

And only then can the procedure begin.

As a rule, alcoholics in an apartment building become the scourge of an entire entrance, or even the entire high-rise building, so the surest way is to write collective complaints: to the police, to the municipality, to the housing office.

And the more of them there are, and the more often they are submitted to the relevant authorities, the greater the chance that the problem will be solved faster.

The influence of alcohol on the psyche

Actually, why do alcoholic neighbors cause a lot of trouble? It's all about the effect of ethyl alcohol on the cerebral cortex. It destroys the connections between its cells, causing a person to:

• lies a lot;
• loses intellectual abilities;
• becomes very sloppy;
• behaves tactlessly;
• cannot solve simple logical problems;
• suffers from extremely high self-esteem;
• begins to lead an immoral lifestyle and, for the sake of a bottle, even becomes capable of murder (in rare cases).

Now imagine what the neighbors of such drunks experience. In fact, living with such individuals on the same staircase is like living in a tribe of uneducated aborigines who lead an extremely “unhealthy” lifestyle.

Reasons

Alcoholics, according to medical characteristics, are divided into two groups: quiet and aggressive.

At first glance, there is less trouble with a quietly drinking person: being in alcoholic prostration, he does not bother anyone, he even tries to be invisible, he almost never invites friends to visit, he drinks himself, sometimes on the side, and does not interfere with his neighbors.

But at the same time, there is no guarantee that he does not smoke drunk in bed, while intoxicated, he carefully turns off all heating devices and keeps order.

It is necessary to get rid of even a quiet drunkard, but how to evict an alcoholic if he does not give a reason for this, and it is still dangerous to live next door to him?

No legal document gives a clear answer to this question. A quiet alcoholic can be evicted legally only if there is a real threat to those living nearby: health and life. That is, to put it simply, wait until he burns down half the house.

The legal grounds for vacating living space that can be presented to any alcoholic (whether he is quiet or “violent”) are as follows:

1. Mismanagement of living quarters (this is typical for all people suffering from alcoholism).
2. Use of residential premises for other purposes (permissible, but difficult to prove, since even the most hopeless alcoholic can provide evidence of his residence in the apartment).
3. Systematic violation of the rights and interests of neighbors or persons living with him.

Evicting neighbors: where to start?

Current regulations contain mechanisms for effectively protecting citizens from actions of residents that disturb their neighbors. Thus, the Housing Code of the Russian Federation determines that the operation of an apartment or other premises where people live must be carried out without violating the rights and interests of everyone who lives nearby. This applies to all aspects of life:

• Compliance with the norms and rules of sanitation and hygiene (absence of dirt, unpleasant odors, harmful insects in housing, its regular cleaning and keeping it clean, and so on);
• Compliance with environmental standards (in particular, timely removal of garbage);
• No violations of fire safety requirements to avoid fires or explosions;
• Compliance with the rules for the operation of residential premises (no noise after 23.00), respect for the interests of other residents, and so on.

Procedure for eviction from an apartment

In any case, the fight against the inappropriate behavior of an alcoholic must begin with an interview: in an amicable way, or with warnings. This helps if a person has not yet completely drowned his conscience at the bottom of the glass.

Such methods do not work on chronic alcoholics. Therefore, neighbors (relatives) conduct a second conversation together with the district police officer. But this does not work for every drinker.

If warnings and negotiations do not produce results, the eviction saga will have to continue through the police and judicial authorities.

The procedure for evicting an alcoholic from an apartment depends on the form of ownership of the living space. When evicting a rowdy person, be sure to find out who the official owner of the property is, since methods of eviction have nuances.

Let's consider the procedure for eviction from an apartment.

Privatized

This eviction case is the most difficult and can drag on indefinitely. The only correct solution to the problem of how to evict an alcoholic from a privatized apartment is to go to court.

The following actions are required:

1. If the problem is a neighbor who constantly drinks and is rowdy, you need to start by filing a complaint with the police station at your place of residence and calling the police to “calm down” the troublemaker.
2. It would be desirable for representatives of the sanitary and epidemiological station to be present for an assessment of the condition of the apartment. If minor children live with an alcoholic father or parents, it is necessary to invite specialists from the guardianship authorities.
3. Each fact of violation must be recorded in writing (statement) or using writing means (camera, camera, voice recorder) - they will become indisputable evidence during court hearings.

Municipal

Evicting a hopeless drunk from an apartment is a task that requires time, nerves and legal support, since it is quite difficult to competently draw up a statement or claim in court.

It is somewhat easier to evict an alcoholic from a municipal apartment than from a privatized one, but even here, assertive collective action will be needed from the residents of the house, or neighbors from several apartments.

In the case of municipal housing, there are more grounds for expelling a drinking and irresponsible tenant, who, according to official documents, is a tenant and is obliged to fulfill certain requirements:

This is important to know: Where to get a warrant for an apartment

• pay monthly utility bills on time and in full;
• systematically repair the apartment and keep it in order;
• do not allow residence of unauthorized persons not specified in the social tenancy agreement.

The vast majority of alcoholics do not adhere to any of these points and evade administrative responsibility, which becomes a preliminary punishment for rowdy drunks.

Constant statements from neighbors will help bring closer the hour of the alcoholic’s final reckoning for their lost peace.

They will allow the landlord to make a decision to evict a drinking tenant based on complaints from tenants and the alcoholic’s repeated violation of the contractual terms of contacting:

• district administration;
• municipality;
• police.

Communal

The most dangerous alcoholic is the one who is in close proximity. If you can somehow escape from the antics of a neighbor living in a separate apartment in your own, then in a communal apartment this is not so easy.

How to evict a drinking person from an apartment where, according to documents, he should only occupy a room, but in fact he has turned the whole place into a gathering of his dysfunctional “colleagues” and a zone of discomfort and danger for neighbors?

As in previous cases, it is necessary to start eviction from applications to the same structures:

You can also contact the prosecutor's office and the sanitary and epidemiological station: depending on how neglected the housing is and how aggressively the alcoholic behaves.

The basis for his eviction is failure to comply with Article 83 of the Housing Code of the Russian Federation:

• lack of payment for apartments and utilities for six months;
• systematic violation of the interests of people living in the neighborhood;
• mismanagement of residential premises.

And the basis for making an appropriate decision by the State Housing Authority on violation of the rules of living in a communal apartment becomes a statement from the residents.

Next, the State Administration “Housing Agency” (Housing Office, municipality) is preparing a lawsuit to collect the debt and eliminate violations.

If an alcoholic neighbor does not comply with the court decision (and this often happens), the neighbors again write a statement to the same structures. Thus, the offender acquires the status of malicious and this becomes a legal basis for his eviction.

If it is registered

A separate conversation is about how to evict an alcoholic forever if he is registered in the apartment. In this case, the fact who owns the living space plays an important role.

If a negligent relative’s “trump card” is only registration, and there is no shared participation in the ownership of the property, then the issue can be resolved through the court by filing a claim for forced deregistration.

If a family lives in an apartment (house) on social rent, going to court will be futile.

Do you want to know how the forced eviction of a debtor from a residential premises is carried out? See here.

Eviction of a noisy neighbor who rents an apartment or is the owner

Any person dreams of arranging his comfort zone in such a way that nothing bothers him and everything is fine. Usually apartment owners or renters succeed in this, but then the question arises: “How to evict alcoholic neighbors”? It also happens that neighbors are simply disgusting, moreover, they interfere with the lives of ordinary people. It is very important to know how to evict them.

Why are alcoholic neighbors dangerous?

The misfortune of having alcoholic neighbors is that they can completely ruin your life by their very presence. Often, alcoholic neighbors organize loud parties, drinking bouts, and parties.

Their apartment often plays loud music at any time of the day or night. They interfere with the peaceful life of ordinary people who get up early in the morning to work or study. Such parties can end:

• brawl;
• very loud abuse from its participants.

Drunk people are not aware of their actions and therefore can do many bad and terrible things, for example, injure or beat a person who decided to hint to them that it was time to stop rowdy.

Very often, especially during the holidays, hospitals receive a lot of crippled and beaten alcoholics and victims at their hands, which is proof of the danger posed by alcoholics.

This is just a small list of everything that alcoholics do when they live next door to ordinary people. One can mention the unsanitary conditions that spread throughout the entire house, and the terrible stench emanating from the apartments of such unfortunate neighbors, and many, many more reasons for evicting such comrades from their home. We now face a completely logical question: how to evict an alcoholic from an apartment?

How to evict an alcoholic from an apartment?

It is possible to evict an alcoholic from an apartment through legislative means and, probably, these are the only ways. The first thing you should do is refer to the Housing Code of the Russian Federation.

How to evict an alcoholic from an apartment

Alcoholic neighbors and relatives who poison the lives of those close to them, logically, deserve to be resettled. How to do this legally and justifiably? What to consider when moving out?

The only way:

• divorce from an alcoholic;
• forced eviction through the court, which usually takes the wife’s side, especially in cases where she is the owner of the property and is raising children.

Each individual case requires its own solution. The procedures for permanent eviction from a municipal and privatized apartment are somewhat different, but both problems are resolved through a lawsuit.

Evidence is required confirming alcoholism (parasitism, a tendency to aggression and rowdy behavior) of the “head of the family” in order for the judge to make a decision on eviction.

Brother

If the alcoholic brother is not the owner of the share, then the eviction occurs forcibly through the court, but if he is a party to the share agreement, there is no way to evict him.

Neighbor

The legislator provides measures to protect the interests of residents of apartment buildings from alcoholic neighbors. Among them is eviction on the basis of systematic violation of public order by a negligent person.

Evicting an offender is an extreme measure, and before you do it, you need to be patient and apply a number of preliminary measures to the alcoholic:

• warnings;
• administrative liability (fines);
• compulsory treatment.

Going to court

The following have the right to apply to court to evict an alcoholic from an apartment:

1. Relatives.
2. Neighbours.
3. Landlord (if the housing is municipal).

It is easier to evict an alcoholic without property rights in court (it is enough to take Article 91 of the Housing Code of the Russian Federation as a basis). The process of eviction of an alcoholic with property rights (registration) becomes somewhat more complicated. It is almost impossible for an alcoholic to own a share of the home.

Statement of claim and evidence

To make a decision to evict a drinking relative (neighbor), the court will necessarily require evidence of his alcohol addiction and violation of the interests of other residents.

The following can be provided as evidence:

• certificates from the dispensary where the alcohol addict was treated;
• a copy of the report from the SES on the alcoholic’s violation of sanitary and hygienic standards;
• copies of police reports drawn up when the squad was called;
• copies of complaints to utility services;
• verbal confirmation from neighbors about the drinker’s violation of public order;
• audio and video recordings of brawls caused by a neighbor (relative).

A sample statement of claim can be downloaded here.

How to evict persons who have arbitrarily occupied residential premises? Read here.

What are the grounds for eviction from the owner’s premises? You can learn about this from this article.

What violations occur

In Art. 17 of the Housing Code of the Russian Federation stipulates that any citizen using residential premises in an apartment building should not create problems for other residents of the building. The Law on Silence, adopted by the State Duma back in 1999, establishes a time period (from 11 pm to 7 am) during which all residents must maintain silence and not create problems with the rest of their neighbors.

What signs indicate that noisy neighbors are disturbing your peace? This:

• loud sounds coming from a neighbor’s apartment (music, TV sound, noise of a fight, etc.);
• systematic drunkenness, which, as a rule, is accompanied by scandals, fights and loud showdowns;
• hooliganism, including in entrances and in the local area;
• loud music, or the noise of a forced engine coming from a tenant’s car arriving late at night
• constantly barking dogs;
• playing sports using implements or devices that make loud noises, such as using a treadmill.

If you encounter similar problems, and the violators do not respond to your comments, you can apply to the courts with a claim for eviction. In this case, it is desirable that the claim is not from one tenant, but collectively, so it will have more weight.

If you don’t know how to evict noisy tenant neighbors, then, first of all, you should decide on the circumstance that causes the maximum disturbance. In the future, it may become a legal basis for applying to the court and making a decision on forced eviction. The following circumstances can be noted as common reasons:

• Disturbing the peace and quiet of other residents of the house;
• Hooliganism;
• Debauches and alcoholism;
• Antisocial behavior of residents;
• Inappropriate use of residential premises;
• Violation of sanitary and hygienic standards.

The listed factors may become grounds for eviction if violations are regular. If one of the reasons has been properly recorded, then you can safely go to court. Collective lawsuits are especially important when not just one citizen, but several neighbors witness violations.

Arbitrage practice

Courts make decisions in favor of the plaintiffs (neighbors or relatives injured by an alcoholic) in 85% of cases, provided there is substantial evidence and the alcohol addict does not have the right to own housing.

Evicting an alcoholic ex-husband

Citizen D., the ex-wife of an alcoholic, the mother of two minor children of different sexes, filed a lawsuit in one of the Moscow district courts to evict citizen D. (ex-husband), who drinks and lives in one of the rooms of the apartment, the owner of which is his wife.

The court, having considered all the nuances, ruled in favor of the plaintiff, since she had a need to provide individual living space for her growing son and daughter. The husband was forcibly evicted from the apartment.

Evicting an alcoholic neighbor

Due to the constant violation of public order and a debt of 12 thousand rubles (rent and utilities), citizen M., who lives in a one-room apartment in a house on the street, was forcibly evicted from his apartment by court order. Lenin, Tver.

The plaintiffs were the neighbors of the alcoholic. The claim was fully satisfied.

About the features of eviction from an apartment on video

• 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.

This is important to know: The procedure for creating TSN in an apartment building

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Fine for breaking silence

At night, noise of more than 30 dB means an encroachment on the peace and recreation of people, which is punishable by law. Moreover, the concept of “night” differs in different regions (regions). For Moscow and St. Petersburg this time is from 23:00 to 07:00, for the Moscow region - from 21:00 to 08:00. It is not allowed to disturb the silence on weekdays from 21:00 to 08:00, on weekends and holidays - from 22:00 to 10:00, with the exception of New Year, when restrictions do not apply. During the day, noise should not exceed 40 dB. during "quiet hour" from 13:00 to 15:00. You can check the current time frames in a specific area on the administration website.

Calling the police can solve the problem with troublesome neighbors. Police officers go to the scene and draw up a report on the violation. In court, a decision is made to impose a fine in the amount of 500 to 1 thousand rubles.

The amount of fines for violations of silence depends on the region (region).
, up to 5 thousand rubles
can be recovered from an individual Employees of the management company and Rospotrebnadzor are required to help in the fight against noisy alcoholics upon complaints from suffering residents. The result of joint actions will again be a monetary penalty. But it’s one thing to impose a fine, another thing to pay it. It is not difficult to imagine that alcoholics who always lack money have problems with the second one, so this method is unlikely to get rid of problems with them.

Initial actions

Living in an apartment building can be marred by unscrupulous tenants. Neighbors who drink to excess pose safety risks, such as causing fires or flooding. In judicial practice, the eviction of alcoholics is quite common.

It must be remembered that eviction is a last resort, and in order to achieve a positive decision in this matter, you will have to collect a lot of evidence and be prepared for a long trial. Therefore, first of all, find out whether your neighbors live in this premises legally and on what grounds.

If the apartment is municipal

Housing received under a social rental agreement burdens its owners with responsibilities, failure to fulfill which entails the application of strict measures. According to Art. 67 of the Housing Code of the Russian Federation, tenants must:

• Use the apartment for its intended purpose, i.e. for living;
• Ensure the safety and maintain the proper condition of the premises;
• Make utility payments on time.

Also, in accordance with Article 67 of the Housing Code of the Russian Federation, tenants are prohibited from housing people not specified in the contract, renting out municipal property and exchanging the premises provided.

If you suspect that any of these points are being violated, feel free to file a complaint with the police. You can enlist the support of the house management (unpaid bills damage their budget).

If the apartment is communal

If a dorm room is allocated by an employer, it makes sense to contact your neighbor’s immediate superiors. The organization will conduct its own review and, if the result is positive, may terminate the contract. Consequently, the neighbor will lose his legal basis for residence and will have to leave the communal apartment.

Article 83 of the Housing Code of the Russian Federation allows you to terminate a rental agreement for residential premises for systematic violations of the rights of neighbors, making it impossible to live together. Also, grounds for eviction may be a debt for utilities that is overdue for more than six months or mismanagement of the hostel.

If the apartment is privatized

The owner has more rights to the apartment, but his responsibilities also increase. Therefore, it is much more difficult to evict alcoholic neighbors from privatized residential premises. It is worth remembering that, on the basis of Art. 16 of the Housing Code of the Russian Federation, any use of a privatized apartment must be carried out taking into account the requirements of fire safety, sanitary hygiene and taking into account the legitimate interests of neighbors.

Owners of apartments in apartment buildings must maintain order not only in their premises, but also in common areas: entrances, staircases, elevators. In addition, owners need to regularly pay for general house needs and make contributions for current and major repairs.

Contact the management company to find out if your alcoholic neighbor is a habitual defaulter.

Collection of evidence

The most important stage in evicting an alcoholic from an apartment is collecting evidence. The decision of the justice body depends 80% on this. Evidence that may be presented to the court includes:

1. Documentary evidence. These are official certificates and expert opinions of various authorities (independent examination bureau, police, sanitary and epidemiological control service, etc.).
2. Witness's testimonies. They can be provided by persons summoned to court in accordance with the established procedure. Each of the parties to the dispute can request to hear its witnesses, and the judge can also express a desire to hear them. Witnesses can be both private individuals (neighbors) and representatives of organizations (guardianship specialist, district police officer, representative of the housing inspection).

In each specific case, the necessary evidence is determined individually. Let's look at the best way to collect documents and search for witnesses.

Call the police

If your neighbor is an alcoholic, then you are most likely already accustomed to police cars and other special services in the yard. The police do not have the right to arbitrarily evict a drinking person from an apartment; only the court is vested with this function. However, in collecting evidence for the justice body, it is the district police officer who will be able to provide invaluable assistance. In every case of violation of your rights, be sure to call the police.

As a result of each such visit, the local police officer draws up a protocol and makes a decision to bring the alcoholic to administrative responsibility. Copies of all decisions for each summons must be provided to the court.

It is worth noting, however, that it is pointless to call a local police officer on a neighbor who simply drinks alcohol in his apartment, but does not make noise and does not violate the rights of other citizens - he will not be held administratively liable. But for noise at night, fights, appearance on the stairwell while intoxicated is a reason for imposing an administrative penalty.

In any case, if the district police officer forms an unflattering opinion about your neighbor, he will provide the court with a negative reference about him, which will definitely affect the judge’s decision.

Certificates from the district police officer will be able to confirm almost any violation of the rights of neighbors or those living in the same apartment with an alcoholic, that is, not a single trial concerning this issue will be possible without his participation.

Contacting the SanEpidemStation

In order to prove that an alcoholic neighbor keeps his home in poor condition, which may threaten the life or health of his neighbors, it is necessary to apply to the sanitary and epidemiological station. The complaint must indicate the following:

• grounds for appeal;
• who you are the offender (neighbor, relative, cohabitant);
• did you contact other authorities;
• your requirements (conducting an examination, exterminating pests, examining living conditions in apartments adjacent to the problem, etc.).

In order for the employees of the sanitary and epidemiological station to conduct an inspection, it is necessary that the neighbor open the door for them, because otherwise they simply will not be able to get into the apartment.

Although it is possible to request an inspection of neighboring apartments and common areas (staircases, landings) in which there are consequences of improper care of the neighbor’s apartment. This could be mold, cockroaches, rodents, etc. In conclusion, the specialist must indicate whether there is a cause-and-effect relationship between the detected violations and the unwillingness of the alcoholic neighbor to take care of his home.

Contacting utility services

In order to prove that the tenant really violates the rights of neighbors and threatens their lives (for example, does not turn off the gas or does not monitor the general functional condition of the apartment), it is necessary to contact the utility services. The complaint can be from one neighbor or collective.

However, utility services in most cases are called upon to ensure the safety of other residents and can simply disconnect a particular apartment from electricity or gas. But in any case, they will draw up an inspection report for the residential premises, and it can already be presented at the court hearing.

Testimony from neighbors

Naturally, the easiest way to enlist the support of neighbors in the matter of eviction of an alcoholic is to talk with them. During the conversation, if they support your position, you need to write down their full name and contact information, and subsequently include them in the statement of claim, in a block intended to indicate the calling of the required witnesses. A request to hear neighbors can also be submitted during the trial, the court will consider it and decide whether to grant it or not.

Sequence of actions during eviction

It doesn’t matter whether you want to get rid of neighbors from a hostel, municipal or privatized apartment, your actions must be consistent. You cannot file a lawsuit based on a single instance of violation.

First of all, a group of neighbors should hold an explanatory conversation with the rowdies. In most cases, this will not solve the problem, but during the court hearing you will definitely be asked whether the claims were made in person.

After this, you need to call the police, who will record the violation and issue a fine for an administrative violation. Several visits by squads - and you will have irrefutable evidence of your neighbors’ guilt. Contact the local police officer, he will register negligent citizens and find out whether they have previously had problems with the law, or whether they have undergone treatment for alcoholism or drug addiction.

Having recorded the fact of a systematic violation of law and order, you need to write a statement of claim. You will have a better chance of evicting your alcoholic neighbor if you team up with other homeowners. A collective complaint will help speed up the proceedings. If the owner of the apartment is the municipality, enlist its support.

Litigation with alcoholic neighbors

To evict neighbors from a communal or municipal apartment if they have problems with alcohol, you need to file a lawsuit, which is sent to the district or city court. Attached to it:

• Certificate of ownership of the applicant;
• Collected evidence (inspection reports, police reports, official complaints and statements);
• Receipt for payment of state duty.

The claim must be submitted in writing and must include:

• Name of the court;
• FULL NAME. plaintiff;
• Defendant's details;
• Description of the current situation;
• Facts of violations of your legal rights and interests;
• List of attached documents listed above.

The more signatures from disgruntled neighbors, the more serious the court’s grounds for forced eviction. Do not ignore attending hearings and hearings on the case. However, it may not be possible to evict an alcoholic neighbor from a privatized apartment the first time - this is a long process that requires the patience of the plaintiff. At the end of the trial, the court may make the following positive decisions:

• Warning or fine;
• Termination of the tenancy agreement unilaterally;
• Deprivation of property rights with further obligation to leave the premises.

What are the dangers of neighbors who abuse alcohol?

If one of the people living in the same house has serious problems with drinking strong drinks, such a person poses a real threat to others.

He not only:

• Keeps you awake at night;
• Brings “incomprehensible” guests;
• Rowdy;
• Releases foul odors;
• Causes the proliferation of harmful insects

but it can also cause a fire or even an explosion:

• without putting out a cigarette butt or falling asleep with a cigarette;
• forgetting to turn off the stove.

It is very dangerous to be in the same building with such people.

At the same time, there are more than enough legal, albeit not always quick, ways to deal with neighbors leading an antisocial lifestyle.

Types of effective measures to evict an alcoholic neighbor

The main legislative document that will help in this situation is the “Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ (as amended on December 31, 2017) (as amended and supplemented, entered into force on January 11, 2018). It spells out a list of measures and a mechanism for protecting the interests of law-abiding citizens from restless and noisy residents. The purpose of the residential premises is clearly formulated in Article 17 of the Housing Code of the Russian Federation. When using a common place of residence, all residents are required to strictly observe the rights and legitimate interests of citizens nearby in this premises . A compelling reason for the use of eviction measures is the violation of the legal right to peace of mind of the remaining residents, especially if repeated multiple times or regularly.

This is important to know: Why you can be evicted from a municipal apartment

Such events include:

1. Administrative warning.
2. The punishment is administrative in the form of fines.
3. Eviction of the offender. This option is used when using living space under a rental agreement.
4. Deprivation of ownership of residential premises if the tenant has one.

Eviction is considered a last resort, so it is resorted to when other methods of persuasion are ineffective.

Why did we buy a problem apartment?

I live in Cherepovets. In 2010, for 1.3 million rubles, my future wife and I bought an apartment in a Khrushchev building of the 335th series. I took out a mortgage loan in the amount of RUR 900,000 for 15 years at 13.25%. We didn’t particularly choose housing: we used to live in a rented apartment in the same area, we were used to old houses and paid attention mainly to the proximity to work, as well as to the cheapness. The price seemed adequate to us for a two-room apartment with an area of ​​44 m².

One day before the purchase, without notifying the owner, I went to the house, walked around it, went into the entrance and did not see anything unusual there. The previous owner, a pensioner, warned that the apartment would require repairs. We were ready for this. The deal was finalized in a couple of days and we soon moved into our new home.

In Cherepovets, Khrushchev apartment buildings are still popular due to the low cost of apartments in them. Housing of similar size in a new building will cost 20-30% more

Stages of legal actions to evict an antisocial tenant

Before applying the extreme measure of eviction, you should:

1. Determine who is the owner of the property. This may be a private individual or a municipality.
2. Find out what rights the rowdy neighbor lives in the indicated apartment. He is either registered at his place of residence or is the owner.
3. Determine the composition of the neighbor’s family, the presence of other housing in his property, the level of health of the offender and the sanitary condition of the premises.

These points significantly influence the degree of complexity of the problem being solved. If an alcoholic neighbor has minor children or a disability group, then the eviction process will not be easy.

Also, depending on what rights the tenant lives under, a different sequence of measures to evict him is required.

The procedure for preparatory actions to evict an alcoholic neighbor

In order for the eviction to take place without violating the requirements of the Housing Code of the Russian Federation, certain factors must be taken into account.

Procedure for eviction from communal housing

According to Art. 91 of the Housing Code of the Russian Federation, the legal basis for eviction is either a violation of the rights of other residents or mismanagement of residential premises, leading to a deterioration in its condition.

In this case, the landlord is required to take the following actions:

• first, verbally warn the violator of the peace and the rights of other residents;
• state the period during which the alcoholic tenant must change his behavior;
• If the violator fails to comply with these requirements, file a claim in court.

If it is proven in court that the main guilt of the offender is arrears in payment of utility bills for more than 6 months and without a valid reason, then the eviction is carried out with the provision of other premises. (Article 90 of the RF Housing Code).

If the offender is deprived of parental rights and the children cannot live together with him, then eviction occurs without providing replacement housing. (Article 91 of the RF Housing Code).

Such actions are legal when evicting from a hostel or communal apartment without privatizing the living space.

The procedure for legal actions for eviction from privatized housing

In this case, the process becomes lengthy and becomes much more complicated. The court's decision depends on many factors that are necessarily taken into account when considering the issue. What can influence the decision to evict an alcoholic from a privatized apartment? The main obstacle to making such a decision is

minor children in the family of a lawbreaker. The only correct decision would be to contact the guardianship and guardianship authorities, indicating in the application unfavorable conditions for children living together with an alcoholic. But even if his parental rights are deprived, the eviction process can only begin after a court decision. And for this it is necessary to scrupulously collect evidence of any, even the most insignificant, facts of violation of the rules of residence. Otherwise, the court will not find compelling reasons to evict the offender from the privatized premises. The collective application of tenants to the court is of great importance. If the offender is not the owner of the property, but lives with permanent registration, then the eviction is carried out on the basis of the provisions of Art. 31 Housing Code of the Russian Federation.

Registration and minor children

If neighbors are registered in the occupied apartment, you should figure out who the owner is. Registration alone does not guarantee the preservation of housing and alcoholics can be evicted without difficulty.

If the apartment is rented under social rent, going to court will bring less success. A social tenancy agreement can be forcibly terminated only if the apartment is in disrepair and threatens the life and health of its neighbors.

If you have minor children, before evicting alcoholics, you must contact the guardianship authorities. They will decide whether the residents have parental rights, whether it is possible for children to live in such conditions, and will draw up an inspection report of the living space to ensure that all the needs of minor children are met.

If there are no such conditions, the guardianship authorities will decide what to do with the children in the future: transfer them to relatives with the registration of guardianship rights or into state guardianship, which actually means orphanhood.

Process of eviction from municipal premises

In this case, housing ownership is carried out on the basis of a social tenancy agreement. It specifies the responsibilities of the employer, which he must strictly fulfill. These include:

• taking care of maintaining the necessary technical and sanitary condition of housing;
• timely payment for received utilities;
• compliance with the rules of public order;
• prohibition on unauthorized occupancy of unauthorized persons.

It is important to comply with the requirement to notify the alcoholic’s family in writing and to begin actions to evict him in advance.

If the municipal administration does not respond properly to the appeal, then a collective complaint should be filed with a higher organization. An alternative solution would be a class action in court, which would demand that the administration’s inaction be declared illegal.

Algorithm for filing complaints

The application-complaint has a standard form, like any application. The text is compiled in any form; only a few points should be taken into account:

1. A single complaint is filed from several affected persons at once.
   After the name and position of the person in whose name the document was drawn up, list the full names of all persons dissatisfied with the actions.
2. To provide an answer, the address of one of the residents of the house is offered.
3. State, point by point, the specific situations that have developed with each of the residents.
4. Indicate the articles of the law that are violated by the actions of the alcoholic neighbor.
5. Be sure to include your requirements at the end. Indicate specifically what, in your opinion, law enforcement officers or inspectors of the organizations you are contacting should do.
6. At the end of the collective complaint there must be the original signatures of each applicant.

A complaint to any authority is drawn up according to this sample.

Be sure to draw up the complaint in two copies and get the signature of the receiving person on yours.