Find out how to write a statement to a local police officer against your neighbors who are drunks and rowdies: a sample of collective and individual complaints

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.

Rules for writing an application

Often neighbors cause a lot of discomfort to each other and it is not possible to resolve this issue peacefully.
In this situation, it becomes necessary to write a complaint against them. It is recommended to file a collective complaint against neighbors, since in this case the likelihood that it will be accepted and certain measures will be taken is much higher. Depending on the reason for which the complaint is filed, it can be sent to the following authorities:

1. To the court (in this case we are talking about a statement of claim, for example, in a situation where an apartment is flooded and compensation for damage resulting from this).
2. To the administration (most often used in situations where neighbors commit various offenses in the use and operation of residential premises).
3. To the police (occurs when neighbors commit illegal actions that threaten the interests and rights of neighbors).
4. To the fire department.
5. In HOAs and other housing control and management bodies.

Drawing up a collective claim has some features that will be discussed below.

Like any other legally significant act, a complaint must be made in writing. The neighbors need to draw up this document together. It is necessary to write in it:

• the reason for its preparation;
• evidence of illegal behavior;
• an indication of the authority to which the document is submitted;
• Full name and apartment numbers of neighbors, as well as their signatures.

Better, of course, collectively. Yes, they will consider the personal one, but the collective one is more convincing. It is necessary to convince the authorities that the person is violating the rights and freedoms of other residents by his actions.

Therefore, you should attract as many witnesses as possible from among your neighbors to your side. They should be indicated in the application (only the name and apartment number are allowed).

Noise that violates your rights must be repeated and carried out systematically. No one will punish brawlers for a one-time “wake up.” Be sure to mention in your complaint which neighbors are on your side and where you have already applied.

First of all, you need to make sure that it is the residents of the apartment you are thinking about that are bothering you. The design of modern houses sometimes does wonderful things - you are convinced that the tenant directly above you is making noise, but in fact the noise was coming from a completely different apartment.

To do this, first try to talk to the troublemaker peacefully, ask him to either stop the repairs for a while, or turn down the music and listen to it at another time, not when everyone is sleeping.

Warn them that if they refuse, you will complain. Very often, already at this stage, brawlers come to their senses.

If this turns out to be useless, contact the local police officer and write a statement. It may turn out that he is not there or he receives at a different time.

It doesn’t matter, leave a complaint about noisy neighbors with the duty officer, he is obliged to pass it on, and then the district police officer will get in touch with you.

You only need to provide information that you can confirm. You cannot write anything else in the application, even if it seems obvious to you.

The application must indicate:

• passport information of the applicant (applicants, if the complaint is a collective one);
• name of the precinct commissioner, his surname;
• house address;
• phone number;
• what exactly is happening and how it violates your rights (for example: you cannot sleep or your child sleeps during the day). Be sure to mention the repetition of noise;
• noise level, how and when did you measure it?
• references to legislation (Sanitary standards, housing and civil legislation, Code of Administrative Offenses);
• were there any attempts to resolve the matter peacefully, how did they end;
• the requirement to conduct an inspection and take action (if, for example, you know that the apartment in question is rented, you can demand that the tenants be evicted) and inform you of the results of the inspection;
• date, signatures.

Collective, due to noise at night

Private complaint

The application must be accepted and registered. If the district police officer refuses, ask for a written justification for the refusal.

A complaint is an opportunity to formally appeal to authorized norms in accordance with the legal framework on norms of behavior in society.

Is it possible to evict alcoholic neighbors from an apartment?

When the above methods of dealing with neighbors who drink alcohol do not help, the last resort is to evict the source of trouble from the occupied living space.

Eviction is possible from both municipal and private apartments. The process takes a lot of time! Necessary:

• Have documents confirming systematic violation of the rights of other residents and housing legislation. For example, repeated statements to the police, acts of violation of sanitary standards, acts of damage to other people's property, documents on the presence of debts for utilities;
• Go to court and attend hearings.

Eviction from privatized housing

One of the difficult situations is when alcoholic neighbors live in a privatized apartment.

You can proceed as follows:

1. Call the police every time troubled neighbors start rowdying and drinking alcohol. The facts of the call must be recorded, making sure to keep copies of the protocols written by law enforcement officers;
2. If the apartment of dysfunctional neighbors has turned into a breeding ground for infections and has become a breeding ground for insects and rodents, and unpleasant odors that cause discomfort to the rest of the residents of the house spread beyond its boundaries, you can safely write a complaint to the Office of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare. It is not necessary to visit the agency in person; it is easy to leave a complaint on the website. Within a month, specialists are required to go to the property, inspect it and issue the applicant an opinion (report, response to the appeal) on the condition of the apartment;
3. .If, in addition to adults, there are children in the apartment, you can invite the guardianship authorities, who will conduct an inspection and raise the issue of deprivation of parental rights;
4. .In the event of damage by dysfunctional neighbors to common or other people’s property, it is necessary to draw up an appropriate act and sign it with other residents of the house;
5. .Each fact of disturbance of peace must be recorded in writing, using video and sound recording devices. All collected material will become indisputable evidence during the court hearing.

It is very difficult to evict alcoholic neighbors from property they own.

In this situation, it is important to enlist the support of a competent lawyer. The more evidence provided in court, the higher the likelihood that the servants of the law will decide to evict an antisocial neighbor from privatized housing

The more evidence provided in court, the higher the likelihood that the servants of the law will decide to evict an antisocial neighbor from privatized housing.

Eviction from non-privatized and municipal housing

In Art. 91 of the Housing Code of the Russian Federation states that in case of violation of the rights of neighbors or mismanagement of the premises, the tenant and persons living with him may be evicted. And without providing other housing.

This point of the law applies well to alcoholic neighbors.

The city or district administration is responsible for and disposes of non-privatized and municipal housing.

If there are people in the neighborhood who frequently drink alcohol and who are not affected by the warnings, you must proceed as follows:

• Call the police at every loud feast;
• Submit a written complaint to the district police officer;
• In order to document unsanitary conditions in the apartment, submit a written complaint to
• Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare;
• File a written complaint with the city or district administration.

You can achieve eviction faster if the complaint is collective.

To the management company

The management company is entrusted with the responsibility for cleaning entrances, elevators, the area adjacent to the apartment building, repairing and maintaining in order the property through which utilities are provided (all risers, life support systems and networks).

Based on this, it is clear that in all matters of damage to public property (lettering on the walls, broken windows in the entrance, broken doors, etc.), pollution of premises and public areas, you should first of all write a complaint against your neighbors to the Criminal Code. She herself is interested in forcing the perpetrator to correct the damage or compensate for the damage.

If your apartment is flooded by neighbors living above, then the first call is to the control room. If you don’t know the phone number, press the emergency button in the elevator and they will connect you. The management company will create a commission that will inspect the damage in your presence, assess the damage and draw up a report indicating the culprit and the amount of damage.

Article 161 of the RF Housing Code part 1

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in the apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building. The Government of the Russian Federation establishes standards and rules for the management of apartment buildings. (as amended by Federal Law dated June 4, 2011 N 123-FZ)

You can see a sample complaint against neighbors to the Management Company

Here

How to collect evidence

Owning housing is a fundamental right of any citizen, protected by the Constitution of the Russian Federation (Articles 25, 35, 40). Therefore, issues related to housing restrictions are considered only in court. Only documentary evidence of the danger to others of an alcoholic’s lifestyle will prove the plaintiff’s case.

Collect for the court as much evidence as possible of his violations of the rules of living in an apartment building, enlist the support of other neighbors

Protocols on offenses . If a drinking neighbor violates public order in the house, you need to contact the police. In emergency cases, the duty team is called. Reasons for appeal are not limited to noise from 23.00 to 07.00. The main thing is that for each fact you need to obtain copies of summons protocols, inspections carried out, and administrative liability.

SES acts, instructions of other supervisory authorities . Provided by the sanitary and hygiene service in case of non-compliance with hygiene rules by a candidate for eviction from the apartment. If a neighbor has carried out illegal reconstruction of the apartment, you should notify the BTI and obtain instructions addressed to the careless tenant to eliminate the violation. Acts must necessarily reflect not only the illegal actions themselves, but also possible negative consequences, indicating the structural elements at risk.

A certificate of debt for housing and communal services will be another proof of the irresponsible attitude towards the premises by an unreliable tenant.

Witness's testimonies . Other neighbors, representatives of housing and communal services, medicine, social services, and even relatives of the drunkard can confirm violations of the rules of residence by an alcoholic. In short, those persons whose explanations the court is ready to accept as evidence. It is better to secure the attendance of a witness through a court summons to a hearing, which will have to be requested before the court in advance.

How to complain to Rospotrebnadzor and the Housing Inspectorate?

The purpose of complaints to regulatory organizations cannot be a demand to evict an alcoholic neighbor, since these organizations do not have such powers. You should contact them with a request to conduct an inspection and draw up inspection reports, which you can later use when filing a claim in court.

IMPORTANT! It is desirable that the complaints be signed by a large number of residents of the apartment building. It would be useful to have telephone numbers. Collective complaints, as a rule, are not ignored by the authorities.

1. Rospotrebnadzor (SES) should be contacted in case of improper maintenance of residential premises.
   The Housing Code in Article 30 obliges residents to keep common property clean, that is, to comply with sanitary and environmental standards. If the apartment of an alcoholic is not kept clean, there is an unpleasant smell coming from it, cockroaches and rodents live in it, then Rospotrebnadzor can conduct an inspection and draw up a report. Then the neighbor will be required to correct the deficiencies.
2. A complaint to the Housing Inspectorate is made in case of inadequate technical condition of the premises. If pipes in a neighbor’s apartment periodically leak and the apartments on the floor below are flooded, regulatory authorities can draw up inspection reports and demand that accidents and leaks be eliminated.

Sample complaint to the Housing Inspectorate

For more information on how to submit an application to various authorities, read this material.

You are not satisfied with the drafted act, or the person responsible for your problems does not comply with the requirements of the management company - filing a complaint against your neighbor with the housing inspector will help.

Its employees are authorized to fine negligent citizens not only for damage to other people’s and public property, but also for violations in the maintenance of their own housing.

A complaint to the housing inspectorate against neighbors will be necessary if a neighbor has started repairs that cause you concerns about the safety of the technical condition of the building or “grabbed” part of the vestibule for himself.

Application to the Housing Inspectorate for neighbors:

sample

A complaint against your neighbors to the fire department can help if they (your neighbors) like to store large items in the stairwell or add shelves, blocking the passage. In this case, write a statement to the fire department against your neighbors.

How can you evict an alcoholic neighbor?

Situations when you can evict such neighbors:

How to evict an alcoholic neighbor from a privatized apartment

If he lives there alone, you can go to court.

First you will need to prepare all the necessary documents.

If your neighbor has minor children, you can act through the guardianship authorities.

Call a sanitary and epidemiological station to conduct research, on the basis of which a report on the condition of the living space will be drawn up.

Having collected all the necessary documents, you can file a claim against your neighbors; it is advisable to contact a lawyer for this.

The more evidence of a neighbor's constant drunkenness is provided, the greater the chance that the court will decide to evict him.

In this case, the problem is resolved without filing a lawsuit.

But the eviction itself can be carried out with the presence of the police if the alcoholic voluntarily refuses to leave.

A court case can only be considered if the offender decides to defend his rights and files a claim with the municipal organization.

Owner

Neighbors who are not happy with this behavior need to collect evidence and file a lawsuit.

The only way to avoid eviction under such conditions is to correct it.

Deprivation of rights to use property through court

This is possible if:

It will be very difficult to win such a case in court, since the law states that no one can be deprived of their property.

Procedure

In order to evict an alcoholic neighbor, there must be as much evidence as possible.

Therefore, it is necessary to collect statements signed by all neighbors that such a person is interfering with a normal life (Article 83 of the Housing Code of the Russian Federation).

The neighbors themselves can evict a neighbor, and the claim can be filed in court, according to Art. 131 of the Civil Procedure Code of the Russian Federation.

Required documents

To collect all the papers you need:

Very important points that the court pays attention to are the number of people who will sign the application and file the claim. https://www.youtube.com/embed/SQ_aD5nSUg0. https://www.youtube.com/embed/SQ_aD5nSUg0

The more neighbors are dissatisfied with this behavior, the greater the chances of a positive court decision.

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.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Attached documentation

You will need:

• passport;
• copy of the application;
• documents for applying to previous authorities, for example - confirming the facts of calling the police, copies of notifications, etc.

The procedure for filing a complaint depends on which body it is submitted to, and which authority will subsequently respond to the appeal. In accordance with the legislation of the Russian Federation, there are no special requirements for the style of writing a document. Of course, a laconic presentation in a business style or similar to it is preferable.

Features of drawing up an appeal

When filing a complaint, you need to take into account some features and rules:

1. The style of writing the text should be businesslike. You should avoid using slang expressions, words with glaring exaggeration, and obscene statements. Sentences should be used mostly simple, not very long, and understandable. The idea must be presented clearly, strictly based on facts, in chronological order.
2. Emotions are inappropriate in a statement. A text written in strict business language will have a greater effect on the district police officer. The application should not contain cumbersome, full of “water” complaints, in which nothing is clear and the essence is not stated.
3. Only facts must be present. The factual statement should look something like this: “At five in the morning, [date], I, [full name of the person on whose behalf the complaint is being drawn up], was woken up by Ivan Ivanovich Ivanov, who turned on loud music and began to sing.”
4. The volume of the complaint must be optimal. A too brief presentation of information will not allow the district police officer to understand what actually happened. It is easy to get confused in a complaint that is too long. It is best to use a medium amount of information.
5. The requirements for a neighbor must be clearly described, but not exaggerated. Demands that are too strict and ridiculous (for example, a fine of 20 thousand rubles for a cat getting scared and scratching its hand) are unlikely to be satisfied.
6. Links to legislation governing tenants' rights. In this part you need to indicate which laws were violated. This will reduce the time it takes to resolve a complaint, which means the process of taking action will be shortened.

To the sanitary-epidemiological service

The most effective complaint regarding issues of unsanitary conditions, especially when there is a threat of epidemics arising from this, is a complaint to the sanitary and epidemiological station against neighbors or the center of state sanitary and epidemiological surveillance. Its employees will not only issue an order to put housing in order, but can also bring negligent citizens to justice. You can also file a complaint with Rospotrebnadzor.

Sample complaint against neighbors to Rospotrebnadzor -

Here

.

The responsibilities of residents for the proper maintenance of their own and common property are spelled out in Article 30 of the Housing Code of the Russian Federation.

HOUSING CODE Article 30. Rights and obligations of the owner of residential premises

1. The owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by this Code.
2. The owner of a residential premises has the right to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, a contract of gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds, taking into account requirements established by civil legislation and this Code.
3. The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of the rooms in such an apartment, unless otherwise provided by federal law or agreement.
4. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.

Conflict with an alcoholic through the eyes of a psychologist

A new way to combat alcoholism has been found

The personality of a person suffering from alcohol addiction changes according to the principle “the further, the worse,” says criminal psychologist Viktor Lyutykh.

“Psychiatrists note that at the beginning of the disease, a person’s characterological characteristics become sharper, he becomes, as it were, a caricature of himself. For example, if a person was easily offended, then with the development of the disease he begins to flare up with or without cause. If he was demonstrative, then his illness makes him hysterical, committing loud acts in public, and so on. Later, with the development of the disease, personality degradation occurs: a person loses self-criticism, his intellectual capabilities are significantly reduced, he ceases to observe moral standards,” the specialist outlines the portrait of a family tyrant-alcoholic.

The indignation of others at the actions of an alcoholic is understandable: the person is outwardly healthy, with a head, arms and legs, but behaves inappropriately and does not respond to words. However, those who try to correct him with persuasion do not always understand that the developing disease over time deprives him of the ability to critically assess his condition and change his behavior, says Izvestia’s interlocutor. Therefore, persuasion-threats, which are effective for normal people, are often useless in relation to those suffering from addiction.

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Photo: Global Look Press/Olga Kravets

The most vulnerable categories of the population to alcoholism have been named

The life of people under the same roof with an alcoholic is difficult and dangerous.

“It’s constant stress that is physically and mentally draining. Those around them form psychological defenses, some successful and some not so successful (for example, they also start drinking). There may be a persistent feeling of hopelessness and helplessness. The development of emotional instability, increased irritability, impulsivity and other disorders is possible. Relatives and friends often experience conflicting feelings: on the one hand, love and pity, on the other, disgust and hatred. Over time, the latter begin to dominate. Some of your loved ones continue to try to save, others stop fighting. And someone commits actions similar to those that occurred in the Stavropol region,” says Lyutykh.

It happens that an alcoholic beats and insults a loved one for a long time and systematically, and after another insult the victim cannot stand it and attacks the offender. If this is proven during the investigation, then the accused has the right to count on the leniency of the court.

Russia's chief narcologist dispels the myth about the existence of an alcoholism gene

“Sometimes such actions of the victim can be qualified as an act of violence (murder or harm to health) committed in a state of passion, and lead to a significant reduction in punishment. The so-called cumulative (accumulated) affect, in particular, is characterized by: long-term accumulation of emotional tension, subjective suddenness of an “affective explosion” in response to another outburst, a narrowing of consciousness and the inability to control one’s actions (during the “explosion”), as well as physical and mental exhaustion (after the “explosion”),” explains the expert.

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.

Reasons

It is impossible to evict a neighbor who drinks but does not violate the interests of the neighbors. But it is possible to bring malicious rowdies and drunkards, and entire families, to justice.

In what cases can you evict an alcoholic neighbor:

1. Systematic noise, fights, quarrels, showdowns.
2. Creation of a drug den in an apartment, a gathering of alcoholics, criminal elements, prostitutes.
3. Threat of committing a crime (no matter under what article or severity).
4. Malicious violation of sanitary and hygienic standards, poisoning of the environment in the house.
5. Breeding parasitic insects: bedbugs, cockroaches, worms, fleas, rats, flies.
6. There is a fire hazard in the neighbors’ apartment, the risk of bringing danger to the entire entrance or house.

As you can see, alcoholism carries with it many additional unfavorable factors. You should not put up with such a situation, even if the drunk is the owner of the apartment. You can also find a council for the owner of the living space, if you wish.

Let's consider some features of eviction of alcoholic neighbors from different types of housing.

How to properly contact various authorities

For each specific complaint, a written form is established. All of them can be presented in free form. Difficulties arise only in writing a statement of claim. Here you need to use the form that is available on the websites of the judicial authorities. If the claim is written incorrectly, it will be returned.

A homeowners' association (HOA) is one of the possible options for managing an apartment building. A chairman is elected to resolve specific issues and for direct management.

The filing of a complaint with the HOA takes place in the name of this chairman. Of course, he cannot take any effective measures to influence violators. However, he has the right to resolve the conflict with the help of other authorities.

Sample for download. ⇐

In accordance with federal legislation, constituent entities of the Russian Federation have the right to adopt, within their competence, laws on the time when it is possible to carry out activities that entail noise.

In this situation, it is the district police officer who needs to file and send a complaint. As a rule, its writing is preceded by a direct call of this official to the scene of the incident. If such a visit does not bring any results, you can write and send a complaint in writing. The main thing is to point out that a loud neighbor really disturbs the neighbors living next to him. The complaint is submitted to the station where such an official carries out his work activities.

Very often, some neighbors forget that they are not the only ones in an apartment building and behave as if everything is allowed to them, then, depending on the situation, it is permissible to complain to various authorities.

To the district police officer

The period of night is intended for rest, this is also indicated by regulations, according to which you cannot make noise above 30 decibels from 11 pm to 7 am.

Then you should proceed as follows:

• Try to solve the problem yourself;
• Call the police and call for a squad;
• If all this does not stop the neighbors, write a complaint to the district police officer and the police station for a more serious turn of events.

How to calm down drunk neighbors

When encountering such people, always remember that a drunk person is inadequate. And starting a conversation with them, arguing or teaching them about life is useless and even dangerous. Wait until he sobers up.

Educational conversations about the dangers of alcohol do not achieve any results. More often they cause only silent (or violent) resistance. He most likely already knows that drinking is bad.

Your help will have a positive effect only if the neighbor himself wants to get rid of alcohol addiction. Then you can persuade him to undergo a course of treatment, at least in the same drug dispensary. Enroll your neighbor in Alcoholics Anonymous.

What else can you do?

Help me get a job. This way he will have a new social circle, and the chances of breaking out of his old life will increase.

If you have known each other for a long time, remember his childhood and youth, what he was like and what he aspired to. Remind him of his parents, call upon their memory.

This way you can not only ensure a peaceful existence for yourself, but also save human life.

To the prosecutor's office

If you suspect that vigorous activity with a commercial bias is developing in a neighbor’s apartment, write a statement to the prosecutor’s office against the neighbors. Who likes the constant movement of strangers in the entrance?!

However, you can complain to the prosecutor's office about any violation of your rights by your neighbors, if complaints and appeals to other authorities have not had any effect.

In accordance with Article 28.1 of the Code of Administrative Offences, a statement by an individual with information about the fact of an administrative offense is a reason for initiating a case.

Sample application to the prosecutor's office against neighbors

Carrying out the procedure with municipal housing

According to the documentation, the tenant of municipal housing is a tenant, therefore it is somewhat easier to evict him. The tenant is obliged to pay utilities on time and without debt, to maintain the apartment and make repairs, and not to allow third parties for permanent residence who are not specified in the social tenancy agreement.

If at least one of these points is not met, which most often happens when drunks live, it is easier to evict them than the owners of privatized housing.

To do this, a similar package of documents is collected and submitted to the municipality or district administration. In addition, it makes sense to study the additional obligations of the employer under the contract and record their failure to fulfill them.

If your neighbor is mentally ill, what should you do?

It goes without saying that a mentally ill neighbor can cause significant harm to both the property and the lives of those living next to him. They may be found to have flooded the apartment or be guilty of arson. Moreover, he can flood the apartment without compensation for subsequent damage, since, most likely, he will be declared incompetent by the court.

If a neighbor is mentally ill, the neighbors need to write an appeal to a psychoneurological clinic. Such a statement must necessarily reflect a request to call a psychiatrist and conduct compulsory treatment of the citizen, as well as isolate him from society.

The complaint must be supported by the necessary evidence.

As noted above, you can contact the psychoneurological clinic directly. However, such treatment does not always bear fruit. In small settlements, you can write an application to the district administration to appoint a guardian for such a person or carry out compulsory treatment for him.

If such a complaint is submitted directly to the medical organization, it must include:

1. The name of this organization.
2. An indication of the unhealthy citizen and his residential address.
3. Evidence of inappropriate behavior.
4. Testimony and data from a group of residents.
5. A request to have him tested to determine his mental state.
6. Date of sending the appeal and signature of the residents.

Download a sample application from the link. ⇐

Thus, unscrupulous neighbors can and should be influenced. It is the collective impact that will be most effective. Of course, you need to try to apply pre-trial penalties, enter into repair agreements and write receipts. But this does not always lead to the desired result. In this case, you can complain to the competent government authorities.

Specifics of eviction

The first rule is that before you evict an alcoholic neighbor, you need to talk to him and try to convince him to behave more calmly. If possible, hint that he is threatened with eviction and deprivation of property.

It is not always possible to evict a person from his home, even if he systematically grossly violates the rules. This circumstance is due to the fact that the right to housing is a constitutional guarantee for citizens, which no one has the right to restrict.

So, in what cases should you not evict your neighbor, even if he is a noisy alcoholic?

The legislation identifies the following grounds for refusal of eviction:

• the apartment in question is the only place where the neighbor can live, and he simply does not have another place or cannot afford it;
• he is recognized by the court as an incompetent person;
• minor children live with him;
• if the neighbor rents housing and has a corresponding rental agreement.

In each of these cases it is necessary to act differently. In practice, it is customary to first resolve the issue of the grounds on which a neighbor cannot be evicted.

So:

• if the corresponding apartment is the only place of residence, then it is necessary in court to decide the issue of selling the apartment and buying a new home for a neighbor or exchanging it for another apartment in another house;
• if a neighbor is an incapacitated person, then it is necessary to contact his guardian or guardianship authority directly and resolve the issue with them;
• if a neighbor has minor children, then it is necessary to deprive him of parental rights by applying to the guardianship authorities through the court;
• Before evicting neighbors who rent an apartment when the neighbor lives under a tenancy agreement, it is necessary to communicate with the owner, because eviction is possible only by the owner or landlord from a municipal apartment.

The results of such actions may vary. Usually there is a biased attitude towards alcoholics, since in practice they are often found and are almost always actually limited people, although legally they may be fully capable.

In each of these cases, in addition to the refusal of the addressee of the appeal, the following possible outcomes are possible:

1. The court may appoint a responsible manager who will decide the issue of selling or exchanging the home of a drunkard neighbor. Most often, such a manager is appointed by a close relative or a housing organization. But it is worth keeping in mind that without limiting the legal capacity of a person, such an issue cannot be resolved.
2. The guardian must take measures to change the place of residence of the noisy alcoholic neighbor. The most effective option is to refer the alcoholic to treatment. If the guardian does not take any measures, then these measures can be applied by the guardianship authority, but also only by a court decision on the forced treatment of the person.
3. When an alcoholic neighbor is deprived of parental rights, his children are sent to specialized institutions or to one of the relatives. After this, the neighbor can be evicted on general grounds.
4. If the apartment owner refuses to evict an alcoholic tenant, then it is necessary to remind him that subsidiary responsibility for the actions of such a neighbor lies with him. If he further refuses to terminate the rental agreement, then the agreement can be challenged in court, with the participation of the housing organization.

As can be seen from the above, eviction is quite a troublesome task, which can take at least six months, or even a year. However, this is still better than enduring the drunken brawls of your neighbor or his friends all your life.

But in practice, most residents prefer to simply move out of such a neighbor, quickly selling the apartment and looking for new housing in a more prosperous building. This, of course, is much easier than suing an alcoholic, but hardly anyone would want to be in the shoes of such people. Therefore, such apartments have to be sold below market value.

Thus, the presence of at least one alcoholic among the residents at the entrance can affect not only a quiet life, but also the value of real estate. As a rule, a housing organization rarely brings matters to this point and takes action as quickly as possible, but only if this directly affects its interests.

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

Nuances:

From a communal apartment

Living as an alcoholic in an isolated residential area does not give him any right to violate the rights of his neighbors in the communal apartment. If the housing stock belongs to the municipality, there will be no problems with eviction.

Neighbors file a complaint against the alcoholic, and if he does not respond, a complaint against the owner (municipality). The rowdy person will receive a warning with the threat of eviction in case of antisocial behavior. If new complaints are received from neighbors, the owner evicts the drunks from the communal apartment. They are not provided with other housing (Article 91 of the Housing Code of the Russian Federation). Eviction takes place through the courts.

From a privatized apartment

It is very difficult to evict an alcoholic from his own apartment or room. Privatized housing is often the only one available, so after eviction a person will simply have nowhere to live.

Other sanctions are allowed against a neighbor who systematically makes noise and organizes drinking parties. He may be fined, placed in a bullpen for several days, or assigned forced labor.

If this does not help, and the neighbor continues to be violent, he may be sent to a drug treatment clinic for treatment for alcohol addiction.

Example:

The owner of a privatized apartment, Shnyakin, abused alcohol, listened to music after 11:00 pm, littered the apartment, threw garbage out the window, created unsanitary conditions and was rude to neighbors. He did not respond to comments and did not allow anyone into his apartment. The neighbors called the local police officer, who drew up a report on the administrative violation. Then the Sanitary and Epidemiological Station got involved - the resident was accused of violating sanitary and hygienic standards. Shnyakin was threatened with legal eviction. At the same time, they made inquiries about relatives and called the alcoholic’s sister. She promised to influence her neighbor. Soon the violations stopped, Shnyakin began to behave more quietly.

From a council apartment

As in the case of a communal apartment, eviction from municipal housing occurs on the initiative of the city or district administration. To do this, you need to collect complaints from neighbors, establish the true picture of what is happening, and record the antisocial behavior of your drunkard neighbor.

Quite often people are evicted for utility debts. Usually, drunks do not have extra money, and they accumulate debts. Hence the high percentage of them being evicted from municipal apartments. However, people will not be left without a roof over their heads - they must be provided with other social housing.

From the hostel

A neighbor's complaint about a rowdy person in a hostel is grounds for judicial eviction (Article 91 of the RF Housing Code). No alternative accommodation is provided.

But here it is important to distinguish: is the dorm room privatized or not? In the first case, eviction will be a last resort when other ways to influence the drunk have been exhausted. If the room is not privatized, they will evict you immediately without providing another living space.

How do you evict from a hostel under the new Housing Code? Read about this in our material.

If there are children

Minor children may live with alcoholic neighbors. Before evicting unwanted tenants, you will have to contact the guardianship and trusteeship authorities (CCA). Drinking parents are often deprived of parental rights, which means their child is actually taken away from them.

The reasons may be different: an asocial lifestyle, a threat to the life and health of the baby, unsanitary conditions, forcing the child to wander, beg, etc.

After the parents are deprived of their rights, they are evicted from the child (Clause 3 of Article 71 of the RF IC). The minor is given to the care of relatives or to orphanages (shelters).

Example:

Residents complained about rowdy neighbors who were drinking. It turned out that their 7-year-old daughter lived with them in a privatized apartment. The girl did not attend school, lived in unsanitary conditions, wore ragged clothes and was hungry. The neighbors helped the girl as best they could, to which violent alcoholics reacted with all their anger. It got to the point that they kicked their daughter out into the street and did not let her home. Neighbors complained to the guardianship authorities, and an investigation was carried out into this fact. The drinking mother and father were deprived of parental rights, and the girl was handed over to her grandmother to raise. Less than a year had passed since alcoholics were evicted from their apartments for debts on housing and communal services, and their housing was sold under a hammer. The evicted residents moved into a “communal apartment.”

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.

Citizens suffering from alcoholism

Alcoholics are a real scourge for an apartment building. They can show aggression towards people around them, including women and children, make threats, start brawls and fights. “Quiet” alcoholics are capable of falling asleep right on the road, spilling alcohol on the stairs, damaging common property, and stealing valuables from a neighboring apartment.

The main cause of floods and fires is marginalized individuals . Therefore, sometimes living next to them brings not only everyday problems, but also real danger.

When a neighbor interferes with the rest of others, he breaks the law. The composition of offenses is very diverse and depends on the specific actions of antisocial individuals. From the simplest - violating the silence regime, to criminal liability for causing physical harm to people. Administrative punishment is a fine and arrest for up to 15 days. District police do not always respond to such calls. If local employees are inactive, it is better to write a complaint to the prosecutor's office.

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.

Drunks at the entrance, what to do

Dirt in the entrance, cigarette butts, empty bottles - this is what residents of apartment buildings have to observe when drunken groups literally move into their house and make noise at night, while normal people sleep. In addition to unsanitary conditions, there is also a safety hazard. Especially children.

Children are more susceptible to negative examples of antisocial behavior than adults with their established life position. The child learns about the world, he is interested in everything around him. And I want him to see more positive examples around him, and not half-decayed individuals from alcohol.

If a group of drunks, and even drunken women, have found refuge in your entrance, then you can, and even need, to take action to ward them off.

First, at a general meeting of residents, resolve the issue with the intercom and combination lock. If the entrance is already locked, make sure that it is always tightly closed. Do not unlock the entrance door to strangers, even if they say that the intercom does not work in the apartment they are visiting. Let the owners come out themselves and let their guests in. If the financial situation of the residents allows, you can hire a concierge. Then the entrance will be under supervision around the clock.

Secondly, when the rowdies have already entered the entrance, under no circumstances engage in a verbal altercation with them. Don't swear, don't start a scandal. A crowd of drunk, inappropriate men can do a lot of terrible things. Better call the police or call the local police officer.

Thirdly, there are various cunning techniques that, with their non-triviality, can scare off uninvited guests. For example, attach a non-working video camera. Install a light bulb that will turn on and off randomly. A light buzzer can be added to the flashing light. Remove benches in the yard. This attracts similar personalities to the house.

And there is no need to try to influence them by force. Otherwise, there is every chance of ending up in traumatology.

If the police don't help

Often in such situations, police officers are reluctant to respond to citizens' requests.

There are even cases of ignoring squad calls at night. In such a situation, you should complain to representatives of the Ministry of Internal Affairs.

Complaints about negligence in official duties should be filed with the prosecutor's office.

To avoid police response to you, make all statements in duplicate.

Compose the header of the application, addressing two addressees at once: police officers and prosecutors.

Family Eviction

Questions about resettlement within one family are the most difficult, since often the family owns the apartment in equal shares. If you need to evict your husband, the first thing you need to do is file for divorce.

It is almost pointless to fight the constant violation of your own rights and seek eviction if you are married to the culprit. Judicial practice shows that 95% of claims are satisfied in favor of the wife, especially if she is raising children.

It is possible to evict a father or brother, being neighbors in a communal or municipal apartment, only by collecting a complete list of documents and evidence. If there is a share of ownership, the procedure in most cases does not bring results.

How to complain to Rospotrebnadzor and the Housing Inspectorate?

Many people are convinced that silence is the destiny of the night. And during daylight hours, you can behave as you want and play whatever music you want, as long as you like it yourself, and the neighbors will somehow tolerate it. Others respond with something even more terrifying, and the house turns into something like hell. But the rivals are confident that whoever outshouts whoever is right. It's a delusion.

Also, the Housing (Part 4, Article 17) and Civil (Article 293) Codes prohibit violating the legitimate interests of other residents in an apartment building - namely, noise is such a violation.

Article 17. Purpose of residential premises and limits of its use. Use of residential premises

1. Residential premises are intended for the residence of citizens.
2. It is permitted to use residential premises for professional activities or individual entrepreneurial activities by citizens legally residing there, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.
3. The placement of industrial production in residential premises is not allowed.
4. The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the federal government authorized by the Government of the Russian Federation executive authority.

Article 293. Termination of ownership rights to unmanaged residential premises

1. 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.
2. 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.

So, the permissible noise level near houses during the day is 55 dBA; at night (by the way, this definition includes the period from 23 to 7 am) - 45 dBA.

In the apartment during the day - 40 dBA, at night - 30 dBA.

The second question arises: how to measure noise?

• professional noise meter;
• using a home PC;
• using an Android gadget (you need to use the appropriate application, for example Sound Meter; Decibel Meter) or a Windows-based smartphone (for example Decibel Meter Pro).

Sometimes no devices are needed - if the neighbors are yelling or suddenly decide to turn on the hammer drill at two in the morning.

In this case, you can immediately call the local police officer, however, there is one “but” - this will work if the jokers open the door to the government representative. But they may not open. In this case, request that the local police officer draw up the appropriate act. You can also read about where to complain about noisy neighbors here.

You can complain either orally or in writing (which is preferable).

What to do with violators

If your neighbors like to do repairs at night, listen to loud music until late in the evening and make scandals, and this behavior prevents you from sleeping peacefully, start fighting for silence.
You can ask other residents to describe what they saw and heard. If you plan to go to court, certificates from police officers, employees of the management company or HOA will also be very useful to you.

So, in Moscow, a restless neighbor will first get off with a warning. And for repeated violations they will be fined in the amount of 1,000 to 2,000 rubles.

After a noise complaint, the organization must send an employee who will confirm that the tenant is being too loud. Specialists should inspect the apartment: perhaps he spends days doing repairs or illegal redevelopment. As a result, they will draw up an apartment inspection report, which can be used as evidence in court.

The downside is that utility workers come out with inspections during working hours, when overly cheerful neighbors can already be sleeping peacefully.

The most difficult option is when the owner of the living space does not respond to any comments that the tenants are being too loud, or he himself breaks the silence. Then you can try to evict through court. But this is a last resort. As a rule, such processes occur rarely.

It will take more than one day or even one month to collect evidence.

True, this will not happen immediately. Officials will give the resident time to correct the violations and remain quiet. If he still doesn’t react, we have to go to court. Usually the administration itself files a claim after it understands the situation and understands that one tenant is violating the rights of others.

Is it possible to prohibit the owner of a residential property from renting it out? Living in apartment buildings entails not only a number of positive, but also a number of negative aspects. For example, envy towards those owners who rent out their property. Then the neighbors begin to collect evidence that this process is taking place illegally and ruin not only their own life, but also the life of the owner renting out the premises with all sorts of complaints.

People who don’t know the laws ask: “Where can I go to prohibit renting out an apartment?” The answer, according to the legislation of the Russian Federation, is unequivocal - nowhere, because every owner of any property, be it an apartment, a dacha or a private residential building, has the right to do whatever he wants with it, according to his own views and interests.

The main question that arises among the residents of the house is how to evict such tenants from the apartment. Moreover, if the tenants are migrants, then this will not be difficult to do. To do this, it will be enough to contact the migration service.

In order to evict Russian citizens, more efforts will have to be made. This issue can only be resolved through the courts. At the same time, even though the apartment is rented illegally, the court often does not satisfy the claim. This is primarily due to the fact that neighbors do not have enough evidence when going to court. What to do in this case:

• Contact the police with a complaint, and this should be done more than once, and also request copies of reports on the raids they conduct;
• If you filed a complaint with Sanitary and Epidemiological Supervision or Housing and Communal Services, then you must also obtain a copy of the conclusions they issued;
• Write a statement to the owner about taking action and send this letter by mail, as a registered letter with acknowledgment of receipt;
• It would be better if the entire entrance signs complaints and claims.

Careless handling of the apartment, which can lead to its damage and loss of habitable condition. An example of such careless handling can be:

1. Prolonged failure to carry out routine and major repairs in the apartment, which can lead to an emergency condition and become a threat to other residents.
2. Regular refusals of proposals from other residents of the house to carry out joint repairs of structural elements of the house, for example, the roof, etc.
3. Unauthorized (without appropriate approvals from permitting authorities) reconstruction or redevelopment of residential premises, which may pose a threat to the integrity of the building.
4. Untimely elimination of the emergency condition of engineering communications systems and other equipment of the apartment.

General recommendations for filing a complaint against neighbors to the district police officer

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.

Sending a complaint in writing is guaranteed to lead to an inspection of the neighbors. The district police officer is obliged to respond to complaints received by him, subject to the following requirements:

• the handwriting of the document is legible and readable (which is why it is best to type the complaint on a computer);
• the document was drawn up according to the rules for filing a complaint with a government agency;
• anonymous complaints are not considered if they do not contain information about the crime committed, therefore the full name must be indicated. the applicant, his actual address and registered address;
• the complaint is signed by the applicant and dated.

In addition to preparing a complaint against your neighbors, we recommend that you call “02” and leave a message. This will be one of the evidence of a violation of public order or violation of the rights of residents. It is not necessary to address a complaint against neighbors specifically to the district police officer (for example, when you cannot find information about him).

Primary requirements

To correctly write a collective complaint against neighbors, you must comply with certain requirements:

1. In the header is written the name of the body to which the application is submitted, or a specific authorized person who will competently consider the application, i.e. district police officer His full name can be found at the police station at his place of residence.
2. List of dissatisfied tenants. The full name, address of each complainant, and their contact numbers are indicated. An anonymous complaint will only be accepted if it contains specific information about a serious crime.
3. Address and telephone number of the recipient of the response.
4. The main part of the complaint identifying the alleged perpetrator with a specific statement of his guilt.
5. List of legal grounds.
6. Requirements for a negligent neighbor.
7. The date of compilation is indicated at the end. Also, the document must contain the signatures of everyone who agrees with the complaint.

The procedure for submitting a statement to the police or local police officer

The application-complaint is submitted to the police department under whose patronage the house where the applicant lives is located. The application addressed to the district police officer must be given to the district police officer of the corresponding district.

The complaint must be drawn up in 2 copies. One copy remains with the law enforcement agencies, the other (with a note from the police officer about acceptance of the application, indicating the date and his handwritten signature) is given to the applicant.

Another option for submitting an application is to send it by Russian Post by registered mail with acknowledgment of receipt. This option of filing a complaint takes longer than direct contact with the police, by 5 to 7 days.