Can neighbors be evicted? How to legally evict neighbors with antisocial behavior? Conversation with the owner

An apartment is the place where you want to get some peace and quiet in the midst of the hustle and bustle of city life. And if neighbors suddenly appear who do not share this simple and natural desire, then staying at home turns into an unpleasant experience. Especially if you can't persuade them to keep quiet.

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But, fortunately, the law protects the rights of lovers of peace provides an answer to the question of how to evict noisy neighbors even against their will.

Violation of the rights of tenants

The law gives residents of apartment buildings a fairly wide range of rights. This is especially true for apartment owners. But it also sets limits.

In particular, the law obliges to respect the rights and interests of neighbors. That is, according to the classical formula, the boundaries of the exercise of one's rights are the rights of another person.

Unfortunately, not everyone follows this rule, considering themselves entitled to ignore the needs of their neighbors.

But nevertheless, there are a number of actions (or lack of them), which the law unequivocally interprets as a violation of the rights of neighbors. These include:

• noise and loud music at odd hours;
• application material damage;
• non-compliance with safety rules, especially fire;
• misuse of housing, etc.

As for the noise, of course we are talking not about normal hearing caused by violations of construction technologies. For compensation in this case, you should contact the developer.

In most regions of Russia, there are laws on silence that prohibit repair work and noisy parties at night: from 22-23 to 9-10 hours.

Any excess of the permissible noise level during this time will be considered a violation of the rights of neighbors. Unless, of course, it's not in any force majeure circumstances.

The last point raises the most questions. It is clear that an office in an apartment is clearly a violation of its purpose. But renting out is not. Meanwhile, many neighbors dream of getting rid of temporary tenants. But it is not always possible to call to order both temporary residents and the owner of the apartment. We have to look for other effective measures.

Meanwhile, the law makes it clear that violation of the rights of neighbors is a reason for eviction. This applies to:

• those who rent housing under a commercial lease agreement;
• residents of social housing;

No matter what the reason for their being in the apartment, they have no right to ignore the presence of neighbors.

Grounds for eviction

Even if there is regular disturbance of the peace of neighbors by noisy tenants, evicting their apartments is not as easy as it seems. The right to housing is protected by the Constitution, so if it is not possible to reach an informal agreement, then a court decision is required, which is made on the basis of solid evidence.

Therefore, before drawing up a statement of claim, it is worth making sure that the actions of neighbors fall under the grounds for deprivation of the right to use residential premises specified in the law.

These include, according to the Housing and Civil Code:

• use of housing not for living (office, warehouse, workshop, etc.);
• systematic violation of the interests and rights of neighbors;
• mismanagement of housing, leading to its destruction.

In this case, the violation of the rights of neighbors may be the result of two other actions. In any case, whatever the reason for the constant noise that haunts the tenants, only the court has the right to evict neighbors who violate the rights of others. Therefore, the search for funds on how to evict noisy neighbors of tenants should take place in the legal field.

Eviction is an extreme measure following warnings and administrative fines. For them, a single violation, confirmed by the protocol, is enough.

In order to deny a person the right to housing, you will have to prove to the court that there is a systematic nature - that is, all actions that deprive neighbors of peace are performed repeatedly.

How to evict noisy neighbors through court

As already mentioned, only through the court can the issue of evicting a person from an apartment be resolved:

1. The statement of claim is filed at the place of residence of the defendant, the consideration of the case is conducted in the order of civil proceedings.
2. The decision made can be appealed legally.
3. Each party presents its evidence, including witness statements.

Of course, after the very first night party at the neighbors upstairs or behind the wall, no one will be evicted. But if noise appears at an inopportune time, it is worth calling the police or notifying the district inspector so that they record the fact of violation of the neighbors' right to silence.

At best, this will be a reason for violators to correct their behavior, but at worst, it will initiate the collection of evidence for the court.

If the noise and other outrages have not stopped, then it is worth finding out on what basis these persons occupy the apartment. It is best to contact the local police inspector for help in this matter. He is an official and can obtain information about the ownership of the apartment and the status of its inhabitants faster and easier than the interested public.

The further course of action will depend on the status of the inconvenient neighbor. When filing an application with the court, you will need to indicate:

• whether a person occupies an apartment under a rental agreement;
• is its owner.

The decisions made by the court will be different in each of these cases. The evidence collected will also affect the decision.

Measures against renters (tenants)

Before going to court, it is worth trying to influence tenants through the owner of the apartment. It is unlikely that he will be pleased with the prospect of becoming a member judicial trial. But if the landlord evades, then you will have to act without taking into account his opinion. In this case, you can also sue the negligent owner for moral harm caused to neighbors.

In some cases, the landlord may himself be interested in terminating the contract with such problem tenants. If at the same time there is a contract of employment drawn up in accordance with all the rules, then it is terminated through the court, where the owner of the housing applies.

It does not matter when the eviction takes place: in winter or summer. The main thing is to observe the order and terms of the warning about the transformation of the contract.

Eviction of drunk neighbors

It is this contingent that most often violates the peace of neighbors. The procedure for evicting them is the same as for everyone else. Having collected evidence, it is required to go to court if there is a systematic violation of silence by them. Or, if the neighbors are relatively quiet, but pose a threat in terms of fire safety, file a complaint with the management company.

In this case, an inspection of the condition of the apartment will be carried out, on the basis of which an eviction claim will be filed. Only its submitters, which means that the plaintiffs in the trial will no longer be residents, but the local administration, which established the fact of mismanagement of housing.

If in the end this leads to the eviction of noisy and problematic neighbors, then no one will be in a claim.

What to do with tenants who don't pay

It all depends on whether the tenant is the owner or tenant. You cannot evict an owner who does not pay utility bills. But this fact can be another evidence in favor of his eviction in violation of the rights of other tenants. For example, with systematic night noise.

Failure to pay rent can result in tenants being evicted without being provided with alternative housing. This is possible both for those who have concluded a contract of commercial and social hiring. But again, in combination with other violations.

The decision on eviction is made exclusively by the court, and not by the owner of the apartment.

Collection of evidence

As already mentioned, evicting noisy and disturbing neighbors is not a quick matter. Since the main factor will be the systematic, repeated violations they commit. It will take some time to gather evidence. It is better if all tenants suffering from noise will do this.

Evidence will include:

• copies of police protocols fixing the violation of order;
• copies of applications and appeals to the management company or administration and the responses of these authorities;
• acts of inspection of a dwelling, which was damaged by the actions of neighbors;
• an act of inspection of neighboring housing, if it proves the illegality of its use and maintenance;
• confirmation of utility bills.

Sample claim

The collected documents, or rather their copies, are attached to the statement of claim.

It contains information about:

• those persons who submit it;
• the court to which the claim is filed;
• the person(s) who are the defendants.

In terms of civil and housing law The problem of communal apartments has very complex solutions. Majority federal laws they simply do not see the very fact of the existence of communal apartments. For this reason, even more controversial legal issues arise, since even today a considerable number of our fellow citizens live in communal apartments. Today we are talking about how to evict neighbors from a communal apartment.

Form of ownership: communal apartment

Today the law does not formulate the term: communal apartment. In the Housing Code of the Russian Federation (Article 16) there is only this wording: it is possible to use a room for living. Therefore, it will be true to say that a communal apartment is a housing that combines some rooms, each of them is inhabited by tenants who have a social lease agreement, sublease agreement, or an extract from the USRR on registration of ownership.

By itself, the legal regime for the use of communal apartments was developed in the Soviet period of history. The Housing Code of the Russian Federation, which has been in force in the Russian Federation since 2005, in its regulations determines the legal status of communal apartments, and with it the status of owners of this category of real estate. As stated in Art. 41 of the Housing Code of the Russian Federation, the owner of a room in a communal apartment, together with other residents in shared ownership, owns all common rooms (bathroom, toilet, kitchen, corridor). It is possible to change the area, to carry out redevelopment only when all other co-owners have given their consent to this.

Types of communal apartments and their legal status

Each communal apartment at one time was transferred to the current owners under a social lease agreement. Part of the communal apartments has been privatized since 1991, on the basis of Law No. 1541-1 of 07/04/1991. Now the current Housing Code of the Russian Federation defines the following types of communal apartments:

• Municipal - transferred for use to residents under social lease agreements;
• Private - privatized housing;
• Mixed - having privatized rooms and non-privatized ones.

Since the law allows for the existence of two legal statuses within a single apartment at once, it is difficult to apply a number of provisions of the Civil Code of the Russian Federation to residents. For example, a communal apartment is not subject to the legislative norms governing relationships in shared ownership, and in this case, the norms of Art. 250 of the Civil Code of the Russian Federation, giving neighbors an advantage in the order of redemption.

If we turn to the legal regime of the rooms that all residents of the communal apartment use together, then in relation to them there are no norms of the law at all, which in reality becomes the reason for non-observance of the rights of those who live in the communal apartment under a social lease agreement next to those who managed to privatize their rooms.

Art. 41 of the Housing Code of the Russian Federation allows tenants to consent to the redevelopment of rooms in common use exclusively by owners, but does not give the same right to tenants. As a result, it turns out that those living in the same apartment have an unequal right to dispose of the fate of joint property.

The form of a document certifying the right of ownership or the right to use housing depends on the type of communal apartment. When citizens live in a communal apartment under a social lease agreement, the only document certifying their right to live in it is a warrant. This document allows you to own a communal apartment and use it for its intended purpose, but does not become a reason for the tenant to acquire the right to dispose (sale, will, etc.).

Until 07/15/2016, the certificate of registration of property rights served as a paper confirming the ownership of privatized housing, and now it is an extract from the USRR. The owner of a privatized apartment can do whatever he likes with it within the framework of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation, since privatization acquires not only the right of ownership, but also disposal.

Eviction from a communal apartment

It often happens that good-neighborly relations between those living in a communal apartment do not add up. The reasons may be different. Often, neighbors can lead an asocial lifestyle, causing a lot of trouble to other residents. The issue of evicting such neighbors is on the agenda and there are legal grounds for such actions.

To find out how to evict a neighbor in a communal apartment, you should refer to the Housing Code of the Russian Federation and the Resolution of the Plenum Supreme Court RF dated 02.07.2009 It is possible to evict any citizen from a communal apartment, but it will be necessary to prove to the court that there are good reasons for this. The procedure for eviction depends on whether the tenant is the owner of the room or he only lives in it under a social lease agreement, or lives under a rental agreement concluded with the owner.

Among the sufficient grounds, guided by which it is possible to legally evict a tenant from a communal apartment, the following can be listed:

1. the use of one or more rooms of the apartment for purposes other than their intended purpose;
2. causing damage to state property;
3. failure to take measures to maintain the residential condition of the occupied living space;
4. violation of fire safety standards;
5. gross violation of the rights of other residents;
6. failure to pay utility bills and/or rent;
7. illegal behavior and regular violation of public order;
8. renting a communal apartment for rent, rent, sublease without the consent of the owner;
9. absence from the apartment for more than 6 months without a good reason;
10. violation of any of the terms of the social lease agreement;
11. illegal redevelopment;
12. other significant reasons for the court.

Any of the above points can be taken as a basis for a lawsuit to evict a neighbor from a communal apartment. However, the future plaintiff should be aware that any of the grounds requires mandatory documentary evidence: acts of public utilities, police protocols, copies of personal account statements, an independent expert opinion on the amount of damage caused, etc.

Eviction of unregistered neighbors

You can legally live in a communal apartment on the basis of permanent registration in it. The lack of registration at the place of residence and even the absence of a tenancy agreement with the owner, all this makes living in a communal apartment illegal and serves as a good reason for forced eviction.

If a neighbor in a communal apartment has no legal basis for staying in it, then you can first notify him of the requirement to leave the apartment. In response to a refusal, you can safely change the lock on the front door.

Without a document giving a legal basis for living in this apartment, an unwanted neighbor will not be able to re-enter it in any way. In the event of a conflict, especially with assault and threats, you should immediately call the police. If there is no desire to go into conflict with neighbors, you can file a claim with the court, supporting it with documents certifying the unlawfulness of the defendant's residence in this living space.

Eviction of neighbors for debts

Currently, the issues of eviction of citizens for non-payment of debts for housing and communal services are resolved with the help of housing legislation. In Art. 90 of the Housing Code of the Russian Federation it is said that the tenant of an apartment, along with all household members, can be evicted for non-payment of debts for housing and communal services, but only when other housing is transferred to him on a social lease. The dimensions of the new housing must fully comply with the standards according to which the move-in to the hostel is carried out.

Following the rules of housing legislation currently in force, it must be stated that a citizen may lose a communal apartment due to debts solely for the following reasons:

1. over the past 6 months, the employer has never paid the debts for public utilities;
2. there is no good reason for the tenant not to pay off the resulting debts.

It is especially worth noting that a court order to vacate because the tenant has no good reason not to pay their debts can be subsequently overturned if the defendant provides evidence that there was a good reason. It is possible to evict a tenant from a communal apartment only after receiving a court decision, and only when he occupies a room under a social lease agreement, since it is impossible to evict the owner of a privatized room in this way.

How to go to court?

To file an eviction claim with the court secretary, you first need to collect a minimum package of documentation:

• The statement of claim: is formulated based on the requirements of the Civil Code of the Russian Federation and the Civil Code of the Russian Federation;
• A title document confirming the claimant's right to live in the apartment;
• Passport;
• Documents certifying the presence of a good reason for eviction;
• Witness's testimonies;
• Receipt for payment of state duty.

The plaintiff should pay close attention to the collection of evidence. The need to prove that there is a legal basis for evicting a neighbor lies in this case only on the plaintiff. The following documents will be useful as evidence:

1. Copies of police reports drawn up on the facts of calls to a communal apartment due to a violation of public order.
2. The act of inspection of the communal apartment by the profile commission, which records the fact of damage to common property.
3. Copies of official appeals to the municipality, city administration, to the owner of the housing, as a certificate of the actions taken to resolve the dispute amicably.
4. An extract from the personal account indicating the amount of debt for payment of housing and communal services.

If there is a need to evict a neighbor in a communal apartment who lives in it under a social lease agreement, then you should contact the local municipality. The lawsuit is formulated and filed by an employee of the district administration, who has special powers for this. But documentary evidence in support of the stated demand for eviction will have to be collected and attached to the application by the tenants themselves.

Agree, you have at least once, even jokingly, but the thought arose of how good it would be if you could evict annoying neighbors so that they would stop pestering you. If you didn’t even think about it, then you are lucky and most of those around you can only envy. If such thoughts often visited you, then this article is just for you.

It turns out that Russian legislation does provide for a procedure for evicting neighbors for a number of reasons. They can be conditionally divided into three large groups. First, you can get rid of neighbors who systematically violate your rights and the rights of other residents. Secondly, it is easy to send home neighbors who use the living space for other purposes. Thirdly, you can point neighbors to the front door of the entrance if they are negligent about their own real estate.

And now - in more detail.

Debauchery and drunkenness

The first reason that may serve as a reason for the eviction of neighbors is the systematic violation of your rights and the rights of other tenants with whom your neighbors have to contact.

In fact, the concept of "violation of rights" includes a fairly wide range of actions. This is the standard loud music at night, and constant night repairs. Here - drunkenness, damage to someone else's and common property, such as elevators, mailboxes, entrance doors, railings, walls... Violent behavior and systematic threats are also a violation of your rights.

The first step to take in this direction is to start at every illegal act on the part of the neighbors, contact the police and demand that the district police officer who arrived on call draw up a protocol on the violation - later these documents will come in handy in court. After the first and second appeal, you should not go to court. But after you have three or four copies of the police reports in your hands, it becomes clear that the violations are systematic - you can move mountains with such evidence.

Secondly, you need to collect evidence. Your stories are great, but to create an objective picture, you may also need the testimony of other residents of your house. It is better to enlist their support in the first place.

All of the above are the two main pillars on which the case for the eviction of your neighbors will be based. But it will be easier for you if less significant “evidence” is included in the case. These include, for example, copies of overdue utility bills - alcoholics and drug addicts often sin with this, and these vices can also be a reason for eviction. It will not be superfluous to visit the Housing Office - they can help collect documents for the court if your neighbor is a persistent non-payer.

Warehouse, hostel or office

You have even more opportunities to evict neighbors if you have evidence that the living space occupied by them is not used for its intended purpose. It can be everything from a banal office located in an apartment to entire warehouses, underground game rooms, tattoo studios and other commercial premises where people do not live, but work. This also includes the scourge of the modern big city - hostels, which appeared in apartment buildings like mushrooms after rain.

So, what needs to be done if the room next door is used for other purposes. Your first action is to call the police, who must come, testify to the fact of the violation, draw up Required documents and warn your neighbors of the consequences that could hit them if violations are not corrected.

If commercial activity in the next apartment does not stop, call the police again and demand documents from them based on the results of the inspection. Even after the second such visit by law enforcement agencies, you can already apply to the court with a demand to evict your neighbors.

Your testimony and the testimony of witnesses in this case will also be useful, but they will no longer play a key role.

They flood, breed cockroaches and do not repair

The third reason why your neighbors can be sued out the door is the careless handling of property, which can have negative consequences for the neighbors and the whole house as a whole.

This item in the legal "menu" can be used if you are constantly flooded with neighbors from above. The reason is either negligence or a dilapidated state of communications that no one is going to repair. Both options are suitable for eviction. The main thing, we repeat, is that the violations are systematic and documented. In the case of the bay, the usual act on the bay, drawn up in the presence of a commission specially convened for this, consisting of the owner of the flooded apartment, the head of the porch or house, the plumbing service employee, and also the representative of the municipal authorities - most often this is an employee of the housing office, is suitable as a document.

But it is possible to hold neighbors accountable under this “article” and not only during the bay - non-compliance with fire safety rules or simply a dilapidated state of the room will do. In order to witness the relevant violations, it is necessary to call special services. This is a fire safety service, as well as a sanitary and epidemiological service, whose employees must provide you with documents based on the results of the check. After some time, the check will need to be repeated, and if the violations have not been eliminated, you can safely go to court with the documents.

Owner and tenant

Now - to the most unpleasant. By law, the court cannot evict a person if the apartment he occupies is the only housing and after the eviction he will simply have nowhere to go - a fairly common story.

There is only one exception to this rule - the use of the apartment for other purposes. In this case, even the owner of the premises can be deprived of property rights, sell the apartment at auction, deduct from this amount the money necessary to make changes to the design of the apartment in order to bring it into proper shape - the rest of the funds are transferred to the owner, and he is free to do everything with them whatever pleases.

And one more thing - it will be relatively easy to evict neighbors who live in an apartment under a social tenancy agreement or rent an apartment from its owners. It is only necessary not to forget in this case, before going to court, to inform the one who owns the property, so that he first tries to take the necessary measures.

With the owner, everything is much more complicated. In the overwhelming majority of cases, if the owner himself lives in the apartment, then this is his only place to live and you cannot expel him from there. But even if he has somewhere to go, and utilities, and municipal organizations, and even the court only as a last resort will bring the case to eviction. It must be understood that the state also has enough other measures to influence unscrupulous tenants, of which eviction is the extreme and most rarely applicable.

When buying an apartment, we do not always know who will be our neighbors, so no one is immune from the fact that an alcoholic will live nearby, arranging noisy gatherings until the morning, a drug addict who arranges a brothel from his apartment, or rowdy rowdy neighbors. Such a neighborhood brings only anxiety and unnecessary hassle, some families are forced to suffer for years from such neighbors.

But there will definitely be a way out, and if requests, persuasion and exhortations do not have an impact on a neighbor with antisocial behavior, then the urgent question arises of how to evict neighbors who do not allow a normal life and violate all conceivable norms and rules for living in apartment buildings!

Are there ways to evict alcoholic and rowdy neighbors?

The housing legislation of the Russian Federation stands up to protect the interests of citizens suffering from noisy and antisocial neighbors. For example, the Housing Code of the Russian Federation provides for a number of measures to help residents defend their own rights in relation to asocial residents living in the neighborhood. Among these measures it is worth noting:

1. Administrative warning.
2. Administrative punishment in the form of a fine.
3. Eviction of noisy neighbors (if they occupy living space on the basis of a rental agreement).
4. Deprivation of property rights (if an alcoholic neighbor lives in an apartment / room as a property).

Article 17 of the Housing Code of the Russian Federation states that the use of residential premises is permitted subject to the observance of the legitimate interests and rights of citizens, neighbors living in this building. In the case when the neighbors, with their noisy behavior, constantly violate the legal rights of residents to peace and quiet, this can be a good reason for their eviction from the occupied area. But there is one here important point requiring attention. Eviction is an extreme measure, which is possible only if the tenants prove the fact that their rights are systematically violated by a rowdy neighbor. The concept of systematicity implies a repeatedly repeated action-offense.

Eviction of a rowdy neighbor from an apartment living under a social contract

Consider a situation where noisy neighbors live in an apartment / room under a social tenancy agreement - in the event of their noisy behavior, residents have the right to demand that violators respect the rights and legitimate interests of citizens living in this residential building. If exhortations do not help, then the tenants have the opportunity to write a statement to the police, and the district police inspector will have to influence the asocial neighbors.

When neither requests nor explanatory conversations with the district police officer about unacceptable noise and violations of the rules and regulations of living in help, you can safely file an application against the neighbors of alcoholics in court and already defend your legal rights and interests in court. Recall that this is the procedure for your actions in the case when rowdy neighbors live in an apartment under a socialist agreement, and do not have ownership of housing.

It is extremely important in this situation that after the eviction of an alcoholic / drug addict / rowdy neighbor - new housing is not provided to the “evicted”, that is, the troublemaker of the neighbors risks being left without a roof over his head at all, this can become an additional incentive for the brawler to start respecting the rights of neighbors .

Evicting a Noisy Owner Neighbor

Let's look at situations when the question is how to evict a noisy neighbor who is the owner of the home from an apartment. If we turn to the Housing Code, it says that the residential premises are intended exclusively for living, therefore, it is forbidden in the apartment, for example, to open a nightclub within the framework of entrepreneurial activity tenant, as well as it is forbidden to organize production, for example, the assembly of metal structures. That is, if the owner uses the premises for other purposes, causing problems to neighbors, then the Civil Code of the Russian Federation provides for certain measures in relation to him: in particular, he is issued a warning by local authorities with a request to eliminate the identified violations.

It happens that the owner of the housing does not pay any attention to the demands of the neighbors and continues to use the premises for their own business purposes, disturbing the peace of the tenants of the apartment building. In case of ignoring the requests, local governments have the legal right to apply to the court with a demand to evict the negligent owner. And if the court decides to evict the violator, then the dwelling is put up for public auction, and after its sale, the owner receives money from the sale.

However, it should be remembered that according to the Code of Civil Procedure Russian Federation, if the owner's housing is the only one, then he cannot be evicted from it under any circumstances, except if it is a mortgage housing (the law here takes the side of the bank that issued the mortgage), that is, you cannot even evict a neighbor in court alcoholic or drug addict, if the apartment is in his full ownership and he has no other living space.

Eviction from an apartment for mismanagement of housing

There is another good reason why the owner of an apartment / room can be evicted - this is mismanagement of residential premises. For example, the owner never exercises repair work, does not monitor the condition of the apartment, which may affect the neighbors. For example, intra-apartment communications are not being repaired, which is why neighbors are constantly flooded. This includes illegal re-planning of a dwelling, which can cause, in particular, the destruction of the building and causing material damage to residents.

By the way, if you become aware that a neighbor, the owner of a home, has carried out a redevelopment with an impact on the load-bearing walls of the building, which threatens the safety of all residents of the house, you can apply to the local authorities and they, in turn, are obliged to demand from the owner of the apartment /room to return the original layout of the room, provided for by the technical passport. In case of refusal to comply with these requirements, local governments have the right to sue the tenant who arranged unauthorized redevelopment, and the court decision may be an eviction, in which, after the sale of the apartment at the auction, part of the proceeds will go to restore the original layout of the premises, and the rest will be paid to the evicted tenant. Do not forget that owners are not subject to eviction if they have only one apartment and it is in their full ownership.

Eviction of tenants living under a commercial lease agreement

Let's consider a situation where tenants are violators of the order, and the owner of the dwelling has nothing to do with this. Here you can contact the landlord with a request to influence the tenants, for sure, in his commercial rental agreement there are provisions for eviction in case the norms of housing law are not observed by the tenants, which will allow you to evict an alcoholic or drug addict neighbor.

In this situation, the owner will have to evict alcoholics and brawlers, after the neighbors have repeatedly informed the owner of the housing about the facts of violations by the tenants living on it. It is no secret that in practice not all tenants are peacefully ready to vacate their housing. If a conflict situation is created, and the tenants do not want to leave, then the issue must be resolved in court, only the claim is filed against the owner of the housing.

How to legally evict an alcoholic neighbor?

The grounds for eviction were collected, notifications to the neighbor to stop disturbing the public order were carried out regularly as preliminary measures, but the situation did not change. What to do next? First you need to be patient. We remind you that eviction is considered as an extreme measure that a court can take to protect the rights of tenants of an apartment building and punish a malicious violator. Before that, the court will check all the facts presented, look for ways to resolve the difficult situation peacefully with the help of milder measures.

In order for your actions to have a tangible result, do not forget that it is necessary to “fight” with an alcoholic neighbor, if not the whole entrance, then at least a platform, because it will be more difficult to do it alone. Before litigation, it is necessary to collect irrefutable facts of violation of the rights of neighbors and public order. In cases of "drunken debauchery" until the morning, and scandalous, the police should be called every time and each offense should be documented in a protocol.

We remind you that systematic violations of the rights and legitimate interests of neighbors, taking into account the provisions of Part 2 of Art. 1 and part 4 of Art. 17 of the Housing Code of the Russian Federation include repeated, constantly repeated actions for the use of residential premises without observing the rights and legitimate interests of citizens living in this residential premises or house, without complying with fire safety requirements, sanitary and hygienic, environmental and other legal requirements, rules for using residential premises (listening music, using the TV, playing musical instruments at night with exceeding the permissible volume; repair production, construction works or other actions that violated the peace of citizens and silence at night; violation of the rules for keeping pets; committing acts of hooliganism against neighbors, etc.).

In addition to contacting the police, we recommend that you request an act of checking the living quarters of an alcoholic neighbor in the sanitary and epidemiological service, if the violating neighbor has one, take a certificate of this from management company(or the chairman of the HOA). Residents should collect as many facts as possible, confirming the "unfavorable" and asocial nature of their neighbor - all this will help to defend their rights to peaceful living in court.

Remember an important fact - the tenants themselves cannot apply to the court, since only local governments are vested with this right on the basis of a preliminary complaint from the tenants.

IN real life there are cases when local governments do not want to go to court for permission similar situations, motivating their refusal for one reason or another. But here the residents also have a way out - to apply to the court to recognize the inaction of the authorities as illegal, or write a complaint to the prosecutor's office or higher authorities. Then the request of the tenants to oblige the local authorities to carry out the necessary set of measures to evict the neighbor of an alcoholic or drug addict will be satisfied.

Noisy Neighbors Eviction Court Prospects

The real situation is such that noisy neighbors who violate public order can only be evicted by a court decision - there are no other ways to solve the problem, and there are no other legislative instruments. The Civil Code of the Russian Federation protects the rights of all residents, not only neighbors, but also violators of the norms and rules of living in apartment buildings, although this happens in a specific way. If the owner has only one dwelling and he has nowhere to move, then, as we said above, it is impossible to evict him according to the law.

Considering the foregoing, it should be noted that even the court does not always take extreme measures and evict the owner or your noisy neighbors who live under a social contract and systematically violate public peace from the dwelling. Nevertheless, quite often the fact of a trial has a beneficial effect on asocial neighbors, and they may not stop drinking, however, they will cause less inconvenience.

In any case, it is not worth letting the situation take its course, but it is also necessary to act within the framework of the law! And we wish you decent good neighbors who respect the rights of all residents of the house!

Let's start with the fact that neighbors can only be evicted if they rent housing. It's not easy to evict a landlord. Most often, for inappropriate behavior or violation of the rights of other residents, they can be brought to administrative penalties.

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Even in the case of non-payment of utility bills, the maximum punishment that threatens the owner is disconnection from gas, electricity, etc. If the housing is not owned, but in use, then the tenants have much less rights.

Legal grounds

If citizens rent premises from a private or legal entity under a written agreement, with the municipality under a social contract of employment or a service contract, then neighbors can be evicted on the basis of:

• inconsistent overhaul, which affected the destruction of load-bearing walls;
• malicious and constant violation of silence;
• causing moral harm to neighbors;
• non-compliance with fire safety standards, as well as social and domestic standards;
• use of the apartment for other purposes;
• recognition of housing as uninhabitable;
• if the neighbors are alcoholics or drug addicts;
• mentally unbalanced behavior.

But even in this case, there is a certain algorithm according to which you need to act.

The legislation provides for a system of procedures that allow neighbors to be evicted if there are the above grounds.

To evict noisy tenant neighbors in 2019, you must have evidence to back up your words. This can be photo-video filming, testimonies of other residents, protocol of the district police officer.

Legal framework

Neighbors can be evicted if they violate Russian legislation. The rights and obligations of tenants are enshrined in the Housing Code of the Russian Federation (LC RF).

In the case when the apartment is not used for its intended purpose, it applies.

The grounds on which neighbors can be evicted are indicated in clause 1 of the Russian Housing Code. The eviction of neighbors who rent an apartment under a social tenancy agreement is carried out in accordance with articles 83-85 of the Housing Code.

Eviction of neighbors

The eviction of neighbors is an extreme measure, which is resorted to if all other methods of influence have been exhausted. But it is impossible to evict a tenant from an apartment on your own.

In cases where extreme circumstances arise, it is necessary to go to court.

From a communal apartment

There is no such thing as a communal apartment now. refers to residential premises not only an apartment, but also a room.

A communal apartment can be called one where each room has its own owner, and common areas are in shared ownership.

Each of the rooms is occupied either by the owners themselves or by tenants. It often happens that relationships between tenants do not add up. But to have a neighbor, you need good reasons. For example, the owner of the room uses it for other purposes and breeds fighting dogs. In this case, you need to contact the district police officer, who will record the fact, which will be a weighty argument in court.

From the hostel

They were built as buildings that were intended for temporary residence of employees of the enterprise and students. These persons entered into an agreement with an enterprise or an educational institution.

The agreement is valid only while work or study continues. With its termination, the contract ends.

The reasons may be as follows:

• expulsion of a student from an educational institution;
• dismissal of an employee from the organization;
• termination of the employment contract;
• the closure of the organization in which the person works or studies.

A notice will be given to the tenant prior to eviction. If he does not voluntarily move out, then the landlord. All other grounds for terminating the contract are specified in the contract itself.

tenants

The eviction of tenants according to the law depends on whether an agreement has been concluded between the owner and the tenant or not.

An agreement that is concluded for a period of more than a year is registered in the Unified state register rights to real estate and transactions with it (EGRP). If the contract is concluded, then the landlord can evict his tenants only through the court.

there may be several:

• rent is not paid for a long time;
• utility bills are not paid;
• housing is not used for its intended purpose;
• subletting without the knowledge of the owners;
• complaints of antisocial behavior.

The eviction of tenants in case of their refusal to terminate the contract takes place through the court. The court needs to provide documents that will confirm the violations.

Noisy (for breaking the silence)

To evict noisy neighbors, you need to provide evidence of these violations to the court. In this case, it is possible to contact an experienced lawyer who will tell you what can be considered violations of silence.

These include:

• turning on loud music at night;
• shouting and loud talking;
• construction work using noisy equipment after hours;
• playing musical instruments, loud singing.

It can be difficult to prove on your own that certain standards are exceeded. Often they ask the district police officer to come to the place and draw up a protocol, on the basis of which it will be possible to confirm their words in court.

antisocial behavior

The most common example of antisocial behavior is the alcoholism of neighbors. If the neighbors not only drink, but also rage, swear rudely, then it is advisable to capture these facts on video.

You can invite witnesses who can confirm your words, as well as call the district police officer.

Who can evict?

Despite the violations of the neighbors, they can only be evicted through the courts. This is a very lengthy procedure that will require not only the collection of all important documents, but also the collection of evidence.

Forced eviction occurs only after the decision of the court.

Procedure

Before applying, try to settle conflict situation why contact a neighbor in writing. It is best to do this in front of witnesses so that he cannot deny the fact of what is happening. All documents are attached to the claim.

Going to court

The plaintiff applies to the court after he has collected the necessary documents. In addition to the application, the following papers must be submitted:

• identification;
• or Certificate of ownership;
• documents on the status of the personal account;
• witness's testimonies;
• photo and video filming;
• expert opinion (if necessary).

Claim Form

is drawn up in accordance with the articles of the Code of Civil Procedure (art. 131, 132) and contains:

• data on 2 parties (plaintiff and defendant);
• the main part containing the claims;
• legislative, which lists the violated laws.

Documents, the so-called evidence base, must be attached to the statement of claim.

The court's decision

The process is quite lengthy and complex. According to various data, on average from filing statement of claim It takes about 2 months for a decision to be made. But even in this case, one should not count on the fact that the court decision will be implemented. It is possible that the defendant will resort to the appeal procedure.