- Peaceful solution to the problem. Is a compromise possible
- Imposing a fine on neighbors
- Punishing neighbors for systematic noise after 23:00
- What to do if neighbors use a common balcony, corridor or basement for other purposes
- A neighbor illegally took a parking space. Actions to resolve the situation
- Violation of the rules for keeping pets in apartment buildings
- Eviction of neighbors through court
Neighbors are not chosen. For many people, this is a real tragedy. Alcoholics, brawlers and loud music lovers living nearby can turn the lives of those around them into a series of continuous scandals and persuasions. But there are many legal ways to get troubled neighbors to stay within the law..
Peaceful solution to the problem. Is a compromise possible
It is better to try to settle the conflict with neighbors out of court. After all, litigation takes a lot of time, nerves and energy. Yes, and a court decision is not always a panacea, it is subject to execution by bailiffs, and this is another run in a circle. First of all, it is necessary to choose the tactics of dialogue with neighbors, based on the problem that has arisen. If they make a loud noise or like to turn on music in the evenings, you can hint to them that there are small children in the house who need to sleep, and administrative responsibility is provided for breaking the peace and quiet. When the apartment is unexpectedly flooded, compensation can be negotiated depending on the damage. But, alas, the dispute is not always resolved by the world, and in difficult situations it is important and necessary to seek help from the competent authorities in time, having collected all the evidence about the violation of order and legality by neighbors.
Imposing a fine on neighbors
When all the arguments in the struggle have been exhausted, it is worth resorting to administrative law and the provisions of the Civil Code of Russia. The following types of offenses are subject to penalties for misconduct:
- Constant noise from neighbors.
- The neighbors set up a hostel or a mini-hotel. The issue is especially relevant for residents of Moscow and the Moscow region, when the owners register a huge number of guest workers from the CIS countries.
- The presence of a large number of pets in neighbors.
- Flooding from upstairs neighbors.
- Unauthorized parking at home.
- Illegal use of common premises.
Often people endure violations of their rights for years, and simply do not know where to run with their problem. Go straight to court or maybe the police? You must always proceed from the situation itself.
If you are tormented by a neighbor who has a huge number of homeless animals, then it is more expedient to ask for help from the sanitary and epidemiological services. When you are bothered by the constant noise from behind the neighbor’s door, then in this case your best assistant is the district police officer. It is best to contact the Department of Internal Affairs of your area, in case of violation of the silence, you can record all the atrocities on a dictaphone and provide a police officer.
Dictaphone recordings are essential when you ask your neighbors in a good way to stop atrocities, but they do not hear you. But such records will be heard by the police officers or may even be included in a civil case in court, which will undoubtedly be an excellent proof of your rightness..
It will also be helpful to provide law enforcement officials with written protocols from tenants that include complaints about neighbors. And if the rights of tenants are violated by a homeowner who rented an apartment to noisy or drinking people, then he needs to write a claim letter with a notification, which is also attached to complaints for consideration of these facts by police officers. If the police officers did not help, then it is worth collecting all the evidence, covering letters, dictaphone records and file a lawsuit with the magistrate.
Punishing neighbors for systematic noise after 23:00
One of the common reasons for complaining about neighbors is the loud noise that bothers people at night. The Federal Law “On the Sanitary and Epidemiological Welfare of the Population” contains a section regulating the noise level in apartment buildings at night. Administrative Code of Russia and the administrative norms of municipal facilities of our state regulate such disputable situations.
Legislation has established that the threshold for noise levels from seven in the morning to twenty-three in the evening should not exceed 40 decibels, and from twenty-three to seven in the morning – 30. Of course, it is better to try to talk to neighbors, but if they do not respond to requests to reduce the sound, you can feel free to call the district police officer at the police station. The district police officer will write an administrative fine for neighbors and this will moderate the desire to make noise at night.
What to do if neighbors use a common balcony, corridor or basement for other purposes
The Housing Code of Russia states that common areas are a basement, corridor, balcony or attic. Often, enterprising neighbors arrange a warehouse for their belongings from the corridor, and other residents have to squeeze through bales of clothes or children’s bicycles to get into their apartment..
Sometimes they use common balconies for these purposes, hang locks on the entrance balcony doors, or arrange a personal pickle cellar from the common basement. These actions are illegal. All residents of apartment buildings have the right to use common areas (Article 17 of the Housing Code). But if the neighbors do not want to free the corridor from their belongings or give access to the balcony, you can safely contact the Emergencies Ministry, because such actions violate the fire regime.
A neighbor illegally took a parking space. Actions to resolve the situation
The parking problem is relevant anytime, anywhere. Especially in large cities of Russia, after all, not every resident of a metropolis has a personal garage, and many residents of multi-storey buildings leave their cars near their houses at night. Car enthusiasts do not try to put cars correctly, the main rule is to take their place faster. And no one even thinks about the convenience of approaching the entrance, access to the road or the playground. Housing legislation regulates such legal relations, and the Administrative Code of Russia contains sanctions for illegal parking. The driver can be fined from 5 to 10 minimum wages in accordance with article 7.1 of the Administrative Code, and for this you just need to contact the district police officer with a complaint. It is best if the complaint is collective..
Violation of the rules for keeping pets in apartment buildings
If a neighbor has a large number of cats or stray dogs, do not tolerate this. It is worth trying to talk to a person for a start, but practice shows that admonitions of residents do not work for such animal lovers. Therefore, we must fight such an unpleasant neighborhood according to the law. Animals must be properly maintained, have a walking area, daily feeding and care.
The Administrative Code of Russia contains types of penalties for such neighbors. You should contact, first of all, the Department of Internal Affairs and the sanitary and epidemiological services. The best option is to collect collective signatures and complaints from residents of the entrance to neighbors. In this case, a person who does not properly keep animals will receive a fine in the amount of two to four thousand rubles, and the animals will be removed and distributed to nurseries and shelters..
Eviction of neighbors through court
There are situations when all arguments and words have been exhausted. And even the numerous fines and visits of the district police officer do not help. In this case, you should try to evict the neighbors through the courts. It is important to remember that you can only evict tenants living in an apartment under a social contract. This rule does not apply to owners. The Housing Code of Russia speaks of the following cases when it is possible to evict a tenant:
- Malicious failure to pay utility bills (more than six months).
- Neighborhood abuse (constant noise).
- Inappropriate use of an apartment (creation of dens).
- Intentional damage to housing, threatening the life and health of other owners (illegal redevelopment).
In order to forcibly evict a tenant, it is necessary to collect certain documents for filing a claim. This is the claim itself, reflecting the essence of the problem, the conclusion on compensation for damage (if any), written complaints against the tenant, documents confirming the collection of signatures for the complaint, pre-claim notifications of neighbors, copies of documents on the ownership of your home, a receipt for payment of the state duty.
The most important thing is that you need to take some primary measures to collect evidence, namely to have voice recorders of conversations with neighbors or copies of complaints from residents. The claim is filed with the magistrate’s court if its price is less than fifty thousand rubles. The statement of claim shall indicate the name of the judicial authority, the full name of the chairman of the court, the plaintiff and the defendant with address data.
It is also possible to involve third parties in the case. The text of the statement describes the essence of the problem, also indicates which legal norms were violated, the types of measures used to resolve the conflict. All documents and copies for the parties involved in the case are attached to the claim.