What to do if residents leave trash on the landing and in the entrance

The entrance is a space that belongs to all residents living in its apartments. Some apartment owners regularly clean and keep order, others do not care about cleanliness, never participate in cleaning and even store garbage on the landing. Not all Russians know that they can find control over the latter. The law provides for a fine for littering at the entrance. The sanction is rarely used, since most people are not familiar enough with the legislation. And those who know each other try to avoid conflicts with neighbors.

Citizens who store garbage in their hallways consciously or unconsciously demonstrate their disrespect for others. They also break the law, for which they must receive a fair punishment.

Rules governing the procedure

There are a number of documented rules related to maintaining cleanliness in public spaces. First of all, these include fire safety rules enshrined in Russian Government Decree No. 390, dated April 25, 2012.

Citizens living in apartment buildings are prohibited from:

• store flammable substances, materials that can easily ignite, large items such as furniture and household appliances on landings;
• equip utility rooms and storage rooms in the entrances;
• block fire exits with objects.

Such a picture as bags of construction materials or construction waste placed between flights of stairs is familiar to almost every city resident. The habit of replacing windows and storing old window frames at the entrance to an apartment from the outside is common to many Russians. Doing this is strictly prohibited, since this type of garbage is a fire hazard and cannot be accumulated in public areas. Some citizens may set up a warehouse for flammable substances in the entrance, which they are afraid to store in the apartment. There are known cases when, due to hooligan antics, premises were burned down and people died. Punishment for violating the fire safety regime is stated in Article 20.4 of the Code of Administrative Offenses of the Russian Federation.

All of the above is a violation of the articles of the resolution of the State Construction Committee of the Russian Federation, which regulates the activities of companies engaged in servicing apartment buildings. Responsibility for violations is discussed in Article 7.22 of the Code of Administrative Offenses of the Russian Federation.

Important: Federal Law states that all residential premises must comply with government-approved sanitary standards. Entrances must be kept clean.

If you do not adhere to sanitary discipline, rodents and cockroaches will appear in the house. The likelihood of infectious diseases spreading among residents will increase.

Complaint to the fire department

Often, after personal or major renovations, a lot of debris remains. This includes old furniture, long sticks, slats, rolls of wallpaper and other rubbish.

They block the passage and are leaned against the doors by the tenant.
During a major overhaul, this is, in most cases, promptly eliminated.
Individual room decoration cannot boast of this. In some cases, repairs take years, in others, residents simply do not want to take out the garbage and store it in the common corridor. All this is a direct violation of fire safety regulations. The legal way to contact the fire inspectorate.

ATTENTION! You should not remove construction waste yourself. The neighbor will feel impunity and will continue to litter the vestibule. Be sure to document the violation in a photo or video.

It should be understood that a neighbor can file a counter-complaint because his things were thrown away without asking. Moreover, the condition will not matter. What to include in a written complaint?

1. In the upper right corner is the position and full name of the local fire inspector, the name of the organization.
2. Below is information from the applicant: Full name, contact details, residential address.
3. In the body of the letter we indicate the essence of the appeal, the measures taken, as well as links to regulations (indicated at the beginning of the article). The complaint can be collective, but it is filed by one person. Simply put, a selected representative communicates on behalf of a group of residents. The more dissatisfied people gather, the better. It is an obvious fact that there is a problem.
4. We present our request. For example, free the vestibule from old furniture and construction debris.
5. Date of compilation and signature of all involved residents.

The fire inspectorate will conduct an inspection within a week and issue a verdict. She cannot ignore a well-executed document, which is certified by the signatures of the residents.

The administrative fine for littering a common corridor or other space is 4 thousand rubles. In case of repeated violation, the amount doubles. As a rule, once and drawing up an act is enough.

Who and how can be held accountable for litter in the entrance?

In Russian cities, inspection authorities rarely visit entrances to monitor sanitary conditions. This is not within their authority. Cleanliness in the entrances is the business of the people living in them.

Citizens cannot legally punish a neighbor who violates health and safety standards, but they have the opportunity to appeal to those who have leverage over violators. This:

• police;
• sanitary and epidemiological station;
• Fire Department;
• Roskomnadzor.

Contacting these authorities should be undertaken when other methods have failed. In order for a violator to be punished for littering in the entrance, you must provide evidence of his guilt.

What are the penalties for violating the rules?

The size of the sanctions depends on the category of persons acting as violators and the severity of the violation:

1. Sanitary and hygienic rules are not followed: ordinary residents pay 500.00 - 1,000.00 rubles; officials - 1,000.00 - 2,000.00 rubles and, accordingly, legal entities - 10,000.00 - 20,000.00 rubles; individual entrepreneurs – 1,000.00 – 2,000.00 rubles.
2. The requirements for the maintenance of multi-apartment residential buildings are not met: 4,000.00 - 5,000.00 rubles are collected from officials; from legal entities – 40,000.00 – 50,000.00 rubles.
3. Fire safety rules are not followed: residents will be fined 2,000.00 - 3,000.00 rubles; legal entities pay 150,000.00 – 200,000.00 rubles; officials – 6,000.00 – 15,000.00 rubles; Individual entrepreneur – 20,000.00 – 30,000.00 rubles.

Important: If the violator is an individual entrepreneur or organization, the punishing authority has the right to suspend the activities of the person being punished for up to 90 days.

Complaint to the management company

The house chairman can only talk with the offender, find a compromise, or resolve the issue by force of persuasion and authority. Next, he sends a complaint to the management company. One of her obligations is to comply with the rules of residence and, in particular, to prevent obstruction of the common corridor. Responsibility for staircases also lies with the management company.

The owners are already filing a formal complaint. It does not have an exact form, so it is compiled according to the principle of the document in the previous paragraph . Among the features we note the following:

• the actions of the violator are described in detail - he ignored the request, partially removed things, said that such actions were not part of his duties, etc.
• attach photo or video evidence.

The management company is obliged to check the fact of clutter in the basement, closet, corridor or landing. Their scope of activity also includes the entrance. If the claim is justified, then a representative of the management company draws up a report, which is handed over to the violator or sent by mail.

If the requirements of the neighbor who has littered the common space are not met, a summons awaits. The management company files a lawsuit.

What to do if neighbors leave trash in the entrance?

Nobody likes to conflict. However, patience is not a virtue in all cases. If your neighbors store garbage in their entrance, this is a flagrant violation of your rights and the law of the Russian Federation. You are obliged to respond to such actions. Not in all cases you will have to go into conflict. Often situations are resolved peacefully.

Ways to solve the problem

There are 2 ways to solve the problem:

• negotiate with the offender;
• contact one of the authorities dealing with such issues.

Court

An extreme measure that will solve the problem of cluttering the common area. Judicial practice shows that the issue is resolved positively and the violating apartment will be obliged to remove the garbage and, in some cases, pay legal costs. The issue of moral damage is more difficult.

They either ignore it completely or indicate up to half of the declared value. The aesthetic side of the issue is a subjective issue, so the court is more loyal to it.

Otherwise, the offender loses the case. It is advisable to file a class action lawsuit to resolve the issue as quickly and efficiently as possible.

Garbage in the local area

A plot of land adjacent to an apartment building (MKD) is the common property of the homeowners (Federal Law No. 189, Article 16). They pay for cleaning and maintenance of the territory. The law obliges owners to carefully exploit common areas and adjacent areas.

Who cleans

The question of who will clean around the house is decided at a meeting of owners. Based on its results, the management company enters into an agreement with a service organization or hires janitors.

Cleaning up trash in front of your home is on the list of necessary landscaping jobs. This includes cleaning the area from household waste and litter of natural origin.

If residents are not satisfied with the quality of workmanship, they can file a complaint with regulatory organizations. Another option is to terminate the contract with the management company.

Construction waste is not related to household waste. The owner of the apartment or the contractor who performed the work must remove them after repairs. In order for a company to handle recycling, this clause must be specified in the service agreement.

Construction waste cannot be thrown into solid waste containers. According to SanPin rules, construction waste cannot be left near bins.

Reasons for the ban:

• dimensions can be large (larger than the container),
• waste has a hazard class of 3-5 (harmful to the environment and human health),
• Some of the litter is included in the group of flammable items.

Garbage in public places - what does the law say?

Waste disposal is regulated by several regulatory documents.

Clause 3.7.2. Resolution of the State Construction Committee of the Russian Federation No. 170 clearly states that waste should be collected only in places specially designated for this:

• garbage cans and containers;
• urns;
• waste bins or storage bins;
• at specialized sites.

IMPORTANT! According to the same article, the place for waste disposal should be no closer than 20 meters from the doors and windows of the house and no closer than 100 meters from the entrance.

Disposing of waste in any other place is prohibited and may result in various types of liability:

• disciplinary;
• administrative;
• and even criminal (if this violation led to dangerous consequences for human life or the environment).

Article 8.1 of the Code of Administrative Offenses for unauthorized dumping of garbage in the wrong place (at the entrance, under windows and doors, in corridors) provides for a fine of 1,000 to 2,000 rubles (for citizens). For legal entities and officials, such a violation will cost much more – up to 250 thousand rubles.

The amount of the fine varies depending on the specific region of the country and the circumstances of the violation. If the culprit has not been prosecuted for such actions before, or has not caused significant damage, he may get off with a warning. If its unauthorized dumping led to infection of neighbors and serious damage to the ecology of the home, the punishment could reach 8 years in prison.

Victims of the actions of unscrupulous neighbors, in accordance with Chapter 59 of the Civil Code of the Russian Federation, can apply for compensation for moral and material damage.

IMPORTANT! According to the law, the citizen himself is responsible for his waste until it is taken to a landfill. Therefore, it is he who will have to answer for non-compliance with fire safety rules and sanitary standards.

Neighbors throw construction and other rubbish out of windows and balconies - where can I complain?

Throwing garbage out of windows is subject to all of the listed articles and regulations.

In some regions of the country, such actions are punished even more severely (fine up to 4,000 rubles). Therefore, in general, the methods of combating this offense will be similar to those already listed.

Having previously recorded the fact of a violation using video or photography and realizing the pointlessness of peaceful negotiations with neighbors, you can submit statements to the following authorities:

• Management company (its employees will draw up a corresponding act and call the violator to order);
• Rospotrebnadzor and Roskomnadzor (will conduct an inspection of the activities of the littering resident and apply penalties);
• Ministry of Emergency Situations and Fire Supervision (after inspection, they issue several warnings to the violator, and then may impose a fine);
• Police (a statement is written to the district police officer, who can then send the case to court);
• District administration at the offender’s place of residence . In this case, an administrative commission is created that can call the “garbage man” to order. However, to submit an application you must have testimony from at least two witnesses.

What else can you do

It is better to equip a storage space in your apartment. For example, a folding stroller or even a moped will fit perfectly on the balcony. And the bike can easily be hung on the wall. This will make for an interesting interior detail.

Of course, to do this you will have to keep the wheels clean.

As for old furniture and clothes, leftover building materials, it is better not to store them at all. It is believed that if you don’t need an item for a year, you will never remember about it.

If you yourself don’t put anything in the entrance, but your neighbors’ things literally leave no way through, under no circumstances throw them out yourself. After all, it is someone else's property.

Common property in an apartment building

Not all residents know what exactly is considered a common area. To clarify this issue, let us turn to the legislative framework. The Housing Code and Decree No. 491 establishes that common areas are:

• Staircase landings;
• Roofs and attics;
• Corridors;
• Elevators;
• Technical floors and basements;
• Garbage receptacles;
• Garbage chutes;
• Boiler rooms, boiler rooms;
• Walling;
• Mechanical, electrical and sanitary equipment;
• Structures for moving disabled people;
• Local area;
• Utility meters (meters);
• Internal drainage, heating, gas, water and electricity systems;
• Other objects (transformer booths, parking lots, garages, areas in the local area).

Fine amount

The amount of payments varies depending on the violation and the authority:

• Fire inspection - up to 4 thousand rubles. For repeated violations, the fine increases. However, for the first time they can get by with a warning.
• Rospotrebnadzor - up to 1 thousand rubles.
• Court - depending on the specific claim.
• For organizations – up to 40 thousand rubles. The same applies to the Management Company, which maintains the house, but ignored the complaint.
• For a manager – 5 thousand rubles.

Common area - entrance, landing, vestibule, apartment hall, etc. – should not be blocked or cluttered due to sanitary and hygienic standards and fire safety regulations.

First of all, the issue is resolved peacefully. In case of refusal, complaints are sent to the appropriate authorities.

Judicial practice says that the overwhelming majority of such cases end in favor of the plaintiff, but, as a rule, a simple notice is enough for a careless neighbor to remove a common corridor or staircase.

Where to go

First of all, if neighbors regularly litter their entrances, residents can contact employees of management companies, HOAs or housing cooperatives. As a rule, in this case, explanatory conversations are held with violators; they are required to stop throwing garbage on common landings.

If the management company’s warnings have no effect on law-abiding neighbors, residents have the right to file a complaint with the local police commissioner. However, it is important here to collect photo and video evidence of the violation committed: the moment the waste is taken out into the entrance must be captured, otherwise it is unlikely that the neighbors will be proven wrong.

If the involvement of residents in the offense is confirmed, a protocol will be drawn up, which will then be sent to the court in order to bring citizens to justice.

Among other things, you can go to the fire and sanitary services with complaints. In this case, their employees will have to conduct an inspection and identify violators. If a violation is confirmed as a result of the process, the relevant persons will also be subject to a fine.

This is what the entrances look like where they don’t litter, because it’s not clean where they clean, but where they don’t litter!

It is impossible to ignore a pile of neighbor's garbage in the entrance, not only because of one's own principles and desire to live in cleanliness, but also because such waste can cause fires, for example, when children are pampered. You need to fight for your rights in order to live in the most comfortable conditions! And everyone chooses their own methods of struggle.

What should the claim contain?

1. The upper right corner contains the full name of the judicial authority.
2. Information about the plaintiff and defendant: Full name, contact details, registration or residence address.
3. The price of the claim is indicated, taking into account all the nuances, legal costs, and compensation for moral damage.
4. The essence of the claim is described. The period of time that garbage is located on the landing or common corridor, closet, vestibule, etc. What measures were taken against the offender? How did he react? Which authorities did you contact? Everything is confirmed by references to relevant regulations, letters and appeals.
5. The tenant or tenants indicate the requirements. The claim must not contain emotional statements. Decorated in a business style. It’s good if residents have enlisted the support of the authorities they have already contacted.
6. Claims, acts, complaints and other documents that were sent to the supervisory authorities are attached.

Judicial practice shows that one notice is enough for the violating apartment to reconsider its position.

How else can you force them to remove the trash that is being thrown out the door?

Often, creative residents use original methods of dealing with neighbor’s garbage that clutters the entrance:

1. Moving abandoned trash under the door of a careless neighbor. For many “scavengers”, one such “magic move” is enough; for others, they will have to work long and hard. Eventually, the offender gets tired of having to wade through piles of waste to get to his home, and he stops littering.
2. Placing motivating and ironic pictures on the walls on the topic of maintaining cleanliness in the entrance. In some cases, appeals obtained from the Internet and printed on a home printer in the spirit of “When you leave your trash here, don’t forget to grunt!” turn out to be very effective.
3. The collected video and photographic evidence exposing littering residents can also be printed and posted for public viewing. For greater effect, it is recommended to indicate which articles and penalties their actions fall under.
4. If neighbors have a habit of placing large construction debris or old furniture in common corridors and stairwells, you can post a notice nearby about the free distribution of these items. In this case, either the “scavengers” will be forced to take urgent measures to move their property to another place, or the trash will be sorted by those who need it.
5. In places converted by violators into landfills, a notice is often posted saying “You are being filmed by a hidden camera!” Even in the absence of such, unauthorized waste disposal often stops.