Is it possible and how to evict neighbors for noise, eviction from an apartment for violating the rules of residence, silence

Have you ever wondered how to evict noisy neighbors?

If not, then you have “caught the bird of luck”, and polite and respectable people live in your neighborhood.

However, not everyone can boast of smiling and quiet neighbors.

 

It often happens that your neighbors may be, to put it mildly, not very good people who regularly disturb your sleep, become rowdy, listen to music loudly, or have a cat kennel in the apartment, which obviously spoils the air.

Many people try to remain silent and not react to the situation in any way.

When patience runs out, the question becomes: how to evict noisy neighbors or tenants who disturb a quiet and peaceful life. How to evict neighbors who are disturbing your life? Let's try to figure out how to solve this problem.

By purchasing property in an apartment building, the copyright holder expects to live in it for decades with maximum comfort. But, unfortunately, restless neighbors are violating these plans.

Such a course of circumstances causes discomfort and makes the owner’s life restless and unbearable. So, trying to achieve silence from neighboring apartments through law enforcement agencies means having with you documentary evidence of the violation.

In the event of a systematic violation of the right to peace and quiet, the owner of the apartment may contact law enforcement agencies with a statement against violators of public order.

When solving a problematic situation with noisy residents, the owner of a living space in an apartment building needs to inform law enforcement agencies that his right has been violated. Accordingly, justice can be administered based on the law.

If your knowledge of law leaves much to be desired, seek help from an experienced lawyer. He will collect the necessary evidence, find the necessary witnesses and can act as your defense at trial.

Right to silence

The legislation of the Russian Federation provides for the definition of loud neighbors, based on the fact that some actions of residents and the noise from them are permitted by law.

The law provides many clauses allowing you to file a complaint with the police about the noise created by neighbors

Today, the following actions are considered a violation of silence:

• Loud music in the evenings and at night.
• Repair work using loud tools.
• Quarrels and curses that disturb the peace during rest hours.
• A gathering of citizens in an apartment singing songs on a religious theme.
• Rearranging furniture or assembling it at night.
• The TV volume is too high.
• Use of household appliances that produce loud noise.
• Partying, trampling from dancing at night.
• Games on any musical instruments.

It is worth noting that in some cases, you will not be able to hold such neighbors accountable.

There is so-called forced noise, which is permissible by law, namely:

• Troubleshooting sewerage and water supply problems.
• Elimination of fire.
• Repair work of power lines and wiring.
• Elimination of destruction and breakdowns associated with natural conditions and natural disasters.

As for the right to protection from property damage, the following illegal actions of residents should be noted:

• Use of residential premises for the production of raw materials.
• Failure to comply with safety regulations.
• Intentional damage to household communications.
• Apartment redevelopment.

Using an apartment for other than its intended purpose raises a number of questions among residents of an apartment building. Naturally, if your neighbor decides to open an office in the apartment, his actions will be regarded as unlawful.

However, renting out living space cannot be considered illegal. By the way, it is temporary residents who cause a lot of trouble for their neighbors.

It is not always possible to agree peacefully on maintaining silence. That is why we have to take other measures. How to evict neighbors' noisy tenants and is it even possible to evict a tenant? Neighbors rent an apartment and are making noise - what to do? First things first.

How to evict noisy neighbors?

Even if your neighbors regularly disturb your peace and quiet, it is quite difficult to evict them from your apartment. For a more successful outcome of events, when evicting the described neighbors, the residents of the house need to cooperate.

Before filing a statement of claim, it is important to familiarize yourself with the law and make sure that your neighbors’ actions are unlawful. No matter how noisy the neighbors behave, only the court can evict them from the apartment.

Evicting neighbors from an apartment is a very problematic matter, even if they are constant violators of peace and quiet.

How to evict noisy neighbors

The following actions of residents of apartment buildings are considered noise:

• turning on loud music in the evening and at night;
• scandals and showdowns at inopportune times;
• carrying out repair work using special construction equipment and tools;
• holding religious gatherings that include choral singing;
• assembling and moving furniture at night;
• playing any musical instruments;
• listening to TV shows at high volume;
• use of household appliances that produce high levels of noise;
• noisy fun that lasted past midnight, etc.

In some cases, the law prohibits bringing violators to administrative liability.

Here we are talking about forced noise associated with:

1. With the elimination of a breakthrough in water or sewer lines.
2. With fire extinguishing.
3. Eliminating the consequences of a short circuit.
4. With the elimination of natural disasters and adverse natural phenomena, etc.

Article 293 of the Civil Code of the Russian Federation defines the following factors for violation of the rules of residence by residents of apartment buildings:

• violation of neighbors' rights;
• rowdy and hooliganism;
• Resident's abuse of alcohol and drugs;
• use of premises for commercial purposes (renting under a contract to commercial companies, use as a warehouse for storing goods, etc.);
• keeping the apartment in poor condition;
• spontaneous redevelopment of the apartment;
• non-compliance with sanitary and fire regulations;
• systematic violation of silence (from 11 pm to 7 am).

Any of these violations may cause the tenant to be evicted from the apartment building.

If noisy neighbors lived in the premises under a social rental agreement, then they may be left not only without housing, but also without any compensation payments.

Is it possible to evict neighbors for making noise?

The violator will have to pay a fine, the amount of which will be determined by the appropriate authority.

The amount of financial penalties can range from 50 to several thousand rubles.

If neither conversations with law enforcement officials nor financial penalties can influence noisy neighbors, you should go to court.

Appeal to judicial authorities

The claim must indicate

• contact details of the plaintiffs (full name, address details, telephone numbers);
• details of the defendant(s);
• the essence of the problem should be described briefly and succinctly;
• information that the applicants have repeatedly tried to peacefully resolve this conflict with neighbors who are disturbing the peace;
• your demand for the eviction of violators (indicate links to laws and regulations);
• a list of documents that will act as evidence.

The best solution would be to file a class action lawsuit, which will be signed by all dissatisfied neighbors.

The collected evidence base is attached to this document, at the same time the state fee is paid and the entire package is submitted to the court.

The order of necessary actions

Step-by-step instructions for evicting noisy neighbors:

Try to solve the problem peacefully.	It is better to record these requests on paper so that they can later act as evidence in court.
Collect evidence of systematic violation of silence by noisy neighbors.	To do this, you can involve law enforcement officers who, upon arrival at the scene of the call, will draw up an official protocol.
Contact the management company and other authorities authorized to resolve such issues.	With a request to understand the situation and influence the silence breakers.
Draw up a statement of claim and submit it to the court	Located at the location of the apartment building.
Receive a court decision and transfer it to the executive service.	Representatives of which will evict residents for noise.

Collection of documents and evidence

The following may serve as evidence:

An application signed by all tenants requesting the eviction of noisy neighbors.	This document must describe all violations of the rules of residence by the neighbor.
A protocol drawn up by law enforcement officials.	In which the time of violation of silence is recorded, and also the offense itself is described.
Written appeals to various authorities.	In which residents were asked to respond to systematic violations of silence.
Correspondence with noisy neighbors.	From which it will be clear that the plaintiffs initially tried to peacefully resolve the problem.
Inspection reports for residential premises.	Which were damaged due to noisy neighbors, etc.

The applicant must make photocopies of all documents and attach them to the claim.

The number of applications submitted to the court will directly depend on the number of defendants in the case.

In this case, the plaintiff must pay the state fee, and attach the payment receipt to the general package of documents.

Evicting neighbors: from an apartment, for disturbing the peace, judicial practice

According to the law, these offenses include:

Eviction in case of violation of fire safety standards, in particular	with inattention to fire safety standards, which occurred due to smoking in the apartment, while intoxicated;
Extract in case of violation of sanitary standards for the operation of residential premises	non-compliance with standards and regulations for keeping pets (this right is regulated by local regulations on administrative offenses in each Russian constituent entity);
In case of violation of other norms and rules that are pre-established by law,	These actions can be: rowdy behavior towards the residents of the house (according to Article No. 20.1 of the Russian Administrative Code); carrying out repairs and other types of construction work at night, which entail a violation of peace and quiet (according to the first 3 points of the Federal Law “On the sanitary and epidemiological welfare of citizens”); excessively loud music playing at night; turning on the TV or music at night with excessively exceeding the permitted volume level; other non-compliances that are prescribed by law.

How to evict neighbors from a municipal apartment

Such a procedure can only be implemented in accordance with a decision of a judicial authority (according to Article No. 35 of the Housing Code of the Russian Federation).

• As a rule, the district court of the first instance deals with such cases.
• The Housing Code of the Russian Federation provides for the possibility of terminating a social tenancy agreement through legal proceedings, provided that the resident has repeatedly failed to respect the legitimate rights of other residents of the house.
• In addition, expulsion from municipal housing due to unsanitary conditions is acceptable.
• The provisions pre-established at the legislative level are characterized by a more formalized nature; in essence, these cases are rather exceptional.

How to evict the owner from an apartment, read here.

From a theoretical point of view, it is permissible to discharge the tenant of the apartment in the following cases:

If possible, provide evidence	regular or constant violation of the interests of neighbors and other residents;
If there is evidence of non-implementation of decisions	pre-installed SES and other regulatory structures;
If this fact can be confirmed	that the tenant was officially notified of the need to eliminate the offense within the established period of time, but he did not do this properly

Legitimate grounds

The Housing Code of the Russian Federation provides conditions for the expulsion of persons in accordance with the conclusion of the judicial authority in such situations (according to the first part of Article No. 91 of the Housing Code of the Russian Federation):

If the legitimate rights of other residents and neighbors are regularly not respected	in particular, if the tenant systematically abuses alcohol, makes scandals, or commits illegal guilty acts towards other residents, for which he is subject to criminal or administrative liability.
If the living space is used for a purpose other than its intended purpose	in particular, if the apartment is not used for citizens to live in, but for organizing an office or production;
In case of mismanagement of residential premises	in particular, when carrying out conscious acts that cause the destruction or destruction of such elements of living space: plumbers; apartment walls; flooring; doors; windows

Rules of action

For residents who are identified as drug addicts, hooligans, or alcoholics, it is necessary to file appropriate petitions and claims.

As an example we can imagine:

1. Initiating an appeal to the local executive government structure.
2. Calling law enforcement to your home.
3. Drawing up a collective complaint addressed to the local police officer.

In general, the greater the number of complaints and appeals received by sociopathic residents, the easier it will be to resolve this issue.

The landlord, in the management of the municipal apartment of the local administration, undertakes to promptly consider the submitted claims and requests from residents.

Provided that the tenant independently moves out of the apartment on a voluntary basis, the conflict will be resolved without litigation.

Arbitrage practice

In the overwhelming majority of cases, the courts refuse to satisfy the application of local government structures to expel residents, provided that the expulsion is carried out without further provision of alternative living space.

In judicial practice, a systematic offense is identified exclusively by conscious acts aimed against living space (according to paragraph 4 of Article No. 687 of the Russian Civil Code, Article No. 98 of the Russian Housing Code), in particular:

• if the tenant, through illegal acts, prevents the provision of public services to other persons living in the house;
• if the residential premises are converted into storage areas;
• in case of violation of the apartment layout.

In judicial practice, cases of expulsion for certain reasons are isolated, for example, if employers are expelled who violate public peace, order, sanitary standards, etc.

The decision of the Plenum of the Russian Supreme Court, dated 07/02/2009, provides certain recommendations regarding the legality of using the provisions of the Russian LC, including:

According to the law, it is permissible to expel only former family members of the owner of the premises from the apartment in which the owner lives, only if they have the opportunity to live in another residential premises (including ex-spouses, in a situation where the dissolution of marriage is recorded documented);

Expulsion from a municipal apartment with the provision of alternative living space due to violation of the rules of residence is permissible only in certain situations, including:

• systematic, constant noise;
• failure to comply with sanitary conditions;
• failure to transfer payments for housing and communal services for 6 months;
• conversion of living space into an office or workshop;
• antisocial behavior of the tenant.

As an example, it is permissible to consider the decision of the Primorsky Regional Court in relation to case No. 33-3534, dated April 29, 2013.

1. The Vladivostok administration drew up and filed a court application demanding the expulsion of the tenant from municipal housing, which was provided in accordance with the social rent agreement.
2. The basis for the claim was a collective civil appeal from residents who live with the defendant in the same building about systematic deliberate non-compliance with their legitimate rights.
3. At the same time, in a class action lawsuit, residents of an apartment building noted the fact that the living space is not being used by the defendant for its intended purpose, and the apartment is not being treated economically.
4. In the neighboring apartments, on the landing there is absolute unsanitary conditions, a huge number of parasites, rodents, terrible odors.

The Vladivostok city administration promptly sent the defendant a written notice demanding that he liquidate the described offenses on his own within the allotted period of time. And yet such a warning was ignored.

Based on the above arguments, the court issued a decision to expel the defendant from the residential building without the right to obtain alternative living space.

The evidence base, which was sent to the judicial body by the city administration, was:

•  Testimony of witnesses - neighbors, residents of the house who live near the defendant;
•  A protocol of laboratory tests, according to which, due to non-compliance with epidemiological and sanitary standards by the defendant in his residential premises, bed bugs were found in the premises of other residents;
•  An act of inspection of the living space, which talks about the impossibility of normal, free access to the apartment due to excessive clutter with garbage and waste;
•  Expert opinion from the Center for Epidemiology and Hygiene, which states that the living conditions in the apartment occupied by the defendant do not meet those prescribed by sanitary and epidemiological rules.

What evidence is required

In order to collect evidence, you must:

Call law enforcement every time when other residents do not comply with law and order	the greater the number of calls that can be documented, the higher the chances of getting the issue resolved in court;
Initiate an appeal to public utilities, SES	provided that the “problem” neighbors do not comply with sanitary standards, it is necessary to call a SES worker who will inspect the premises and issue the necessary inspection report.

Read about the grounds for eviction of tenants from occupied residential premises in the article: eviction of tenants through the court.

Set of documents

Documents that will act as evidence in the legal process include:

• Documented evidence of the fact that the “problem” tenants were repeatedly notified of the illegality of the illegal act or behavior - appeals, drawn up in writing, certifying that the defendant was warned many times;
• Documents certifying the destruction of the property of other neighbors, residents, or the entire building, for example, evidence of damage to property (in writing);
• Documentary evidence of the existence of debts of residents for housing and communal services - for such purposes it is necessary to initiate an application to the municipal authorities;
• Protocols of law enforcement services, certifying facts of violation of public legal order by “problem” residents - to obtain them, you need to request a duplicate of the document from the police upon the fact of drawing up the protocol;
• Conclusion of the SES, which provides information about the unsatisfactory sanitary condition of the residents’ apartment;
• Witness testimony of the residents of the house, drawn up in writing, in addition, written testimony of other people acting as witnesses to the unlawful behavior of the residents;
• Other evidence certifying the facts when the legitimate interests and rights of residents were not respected.

Who can file a claim

A lawsuit to evict neighbors can be brought to court by:

State bodies housing inspection	who exercise control over the lawful use of residential premises
Local government bodies or executive authority	in federal cities (Moscow, St. Petersburg)
Persons living with the tenant	if their rights and legitimate interests are periodically violated by his unlawful actions
Landlord	if a “noisy” neighbor lives under a social tenancy agreement (municipal property management committee)
Persons who live with a neighbor in the same residential premises	if the citizen is the owner of the apartment

Forced eviction of neighbors: application for eviction of noisy neighbors, methods of eviction of tenants, conditions and procedure, list of documents, filing a claim

 

It is not uncommon for conflicts to arise between people living in neighboring apartments. The reasons for such collisions can be very diverse, but most often it is inappropriate behavior of a citizen and causing significant damage to the home.

The legislation of the Russian Federation provides for a number of measures aimed at protecting the interests of citizens from their neighbors. These include:

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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• administrative penalties or warning;
• forced eviction of those citizens who use housing on the basis of a social tenancy agreement or are deprived of property rights.

These measures are enshrined in the relevant paragraphs of the Housing Code and are used depending on the specific situation.

At the first instance of violation, a citizen is given a warning or a fine, and after he does not respond to these measures, neighbors file a lawsuit to evict their neighbors. Forced eviction of a neighbor is a last resort and can be applied both to the owner and to citizens occupying living space under a social tenancy agreement.

Grounds for eviction from an apartment

Issues related to the eviction of neighbors from an apartment are regulated by Art. 17 Housing Code of the Russian Federation . There may be several reasons for carrying out the procedure.

In particular, the constant violation of the rights of other residents is one of them, for example, the eviction of noisy neighbors .

The decision refers to extreme measures to combat the problem and is applied after confirmation of systematic violations.

The following may be grounds for eviction:

• periodic violation of silence (by law from 23 to 7 o'clock ), namely loud music, knocking, repair work;
• violation of neighbors' rights;
• use of living space in an inappropriate manner;
• causing significant damage to residential premises;
• reconstruction or redevelopment that negatively affected the condition of the apartment and neighbors’ homes;
• violation of sanitary, hygienic and fire safety standards;
• inappropriate behavior, mental disorder of a citizen;
• hooliganism towards other residents, alcoholism, drug use.

If a citizen is the owner of an apartment, then he can also be evicted for the specified reasons. The procedure is carried out in the standard manner, with the exception that the citizen receives the proceeds for the housing space sold in the future.

The procedure for forced eviction of neighbors

The legislation defines the procedure for forced eviction of neighbors :

1. If violations occur, the affected person has the right to contact representatives of the law (the police or representatives of the housing office) so that they document this fact.
2. Collect additional evidence that violations are being carried out systematically.
3. Write a complaint to various official services: the fire inspectorate, the Sanitary and Epidemiological Station, the local police officer, and enlist the support of other residents.
4. Issue a warning to the violator to comply with the legal standards of residence.
5. If no result was obtained, you should file a claim in court.
6. The judge has the right to impose fines or decide to forcibly evict the violator.

No more than 15 days are usually allotted for making a decision and the eviction itself . Methods for eviction of tenant neighbors may vary depending on how the tenant disposes of the property: by right of ownership or lease agreement.

List of documents

as mandatory documentation :

1. Written statements by the applicant and other neighbors.
2. Conclusion of the sanitary-epidemiological station and the poor condition of the apartment.
3. Police reports, which record information about rowdy behavior, hooliganism, and alcoholism on the part of a neighbor.
4. Documentary evidence of the fact of debt for utility bills.
5. An official act confirming damage to property, for example, flooding of neighbors.
6. Certificate stating that explanatory conversations were held with the violators.
7. Other evidence indicating ongoing violations by neighbors.

Based on this evidence base, a statement of claim is drawn up. Judicial practice says that during the consideration of a case, as many witnesses as possible should be involved.

Consequences of forced eviction of neighbors

At a court hearing, a decision may be made to evict the offender. In case of voluntary eviction, a person independently leaves the home. If this does not happen, then bailiffs deal with this issue.

According to current legislation, a citizen is given 15 days . During this time, the citizen is obliged not only to leave his home, but also to remove all his personal belongings, including animals.

The property of the evicted citizen is sold at auction, and the proceeds are transferred to the citizen. If the property is not the property of the tenant, he may be evicted with or without the provision of other premises.

Special cases

Courts quite often consider cases related to the eviction of citizens from municipal and communal apartments .

It is possible to evict a tenant from an apartment if he lives there under a social tenancy agreement by contacting the landlord, and not the tenant, since he is the owner of the residential premises. If the tenant violates the essential terms of the agreement, the apartment owner has the right to terminate the agreement and forcibly evict the violator.

If we are talking about a communal apartment , then it is not easy to evict a person from such housing.

The procedure for going to court and further eviction is standard.

The peculiarity of eviction is that if a person does not have registration in a given premises, then this in itself indicates the illegality of residence and to evict such a person it is enough to contact the police. If, in addition to registration, there is also shared ownership of real estate, then it will not be possible to simply evict the violator and you will have to act through the court and prove this tenant’s systematic violation of the general rules of residence.

The most popular questions and answers regarding forced eviction of neighbors

Question: Good afternoon, the fact is that I am breeding fighting dogs. Naturally, this happens in my own apartment and does not bother the neighbors in any way, since there is no noise, I don’t create rows and I don’t do any redevelopment. 4 adult dogs and 6 puppies living in my apartment .

I have already received numerous warnings and complaints from neighbors and the building management. Yesterday I received notification that the neighbors are filing a lawsuit. Tell me, do they have the right to do this? If I get evicted, who will get the apartment? Olga.

Answer: Hello, Olga. You have a very difficult situation, since your neighbors have the legal right to evict you through the court, despite the fact that you are the owner of the apartment.

According to Art. 17 Housing Code of the Russian Federation , since the apartment is a residential premises, it should be used only for its intended purpose. You neglected this point and, in addition to personal residence, use it for a completely different purpose.

In addition, neighbors can invite a Sanitary and Epidemiological Supervision officer to inspect your home to ensure that the apartment is in the required sanitary condition.

If violations are discovered here too, this will become another basis for forced eviction.

As for the apartment, after you are evicted, it will be sold at auction, and you will receive the proceeds. The best option in this situation would be to meet other residents halfway and resolve the issue with the neighbors out of court.

An example of forced eviction of neighbors

Sergey Yu. purchased an apartment in a new building and made renovations. A few days later, a dark spot appeared on the ceiling in the room. As it turned out later, the upstairs neighbor, leading a drunken lifestyle, turned on the tap and fell asleep. The citizen refused to compensate for the damage caused, and Sergei was forced to carry out repeated repairs at his own expense.

A month later, the situation repeated itself and Sergei filed a claim for damages in court, but this did not produce any result, since the neighbor had no property and did not have a permanent place of work. Over the next six months, the citizen constantly violated the silence regime, organizing drinking bouts at night.

The last straw was a clogged toilet. Sergei collected all the necessary documents and filed an application in court to evict his neighbors . The man was supported by other neighbors. As a result of the appeal, the court made a decision on forced eviction.

The offender refused to leave his apartment, and the issue was resolved by the bailiffs. The apartment was sold at auction.

Conclusion

As a result, a number of conclusions can be drawn:

1. Sometimes situations arise when forced eviction of a negligent neighbor is the only way out of a difficult situation. This measure is an extreme measure and before applying it, the violator is sent several warnings and a fine is issued.
2. The law defines the grounds on which a decision to evict a violator is made. These include failure to respect the interests of other residents, as well as bringing the property into an unacceptable condition.
3. The owner of the home can also be forcibly evicted from the apartment. After this, the premises are sold at auction, and the funds are transferred to the owner.
4. There is a certain procedure for applying to the courts, as well as collecting evidence and preparing relevant documents.
5. Neighbors whose interests and rights have been violated file complaints with the relevant inspectorates, the police, and representatives of the housing office.
6. To evict their apartment, at least fifteen days from the moment the decision is made, during which the tenant must not only leave the premises, but also remove all his belongings.
7. As a result of the procedure, the owners of the apartment receive money, and those citizens who lived in the premises under a social tenancy agreement, in some cases, receive another home.
8. A special feature of eviction from municipal premises is that the neighbors file a complaint against the actions of the tenants with the landlord, and not with the housing office.

How to evict noisy neighbors from an apartment, how to kick out neighbors if they make constant noise

Noisy neighbors are a serious problem that can make living in your own apartment impossible.

In a critical situation, when neither peaceful negotiations nor calls from the local police officer bring any results, many apartment owners begin to think about how to evict their neighbors.

It should be noted right away that this is a very complex process, and if the troublemakers are the owners of the apartment, it is often almost impossible to evict them.

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In what cases can you expect to evict a noisy neighbor?

So, Russian legislation provides for a number of measures that are aimed at protecting the rights of citizens who have apartments in apartment buildings, but in practice it is not always possible to realize their rights to comfortable living conditions.

In most cases, only those citizens who are not the owners of the occupied living space, but, for example, rent an apartment, can be evicted. R.TIGER proposes to consider the most common situations that residents of apartment buildings may encounter.

Noisy neighbors live under a social tenancy agreement

If neighbors use public housing, the chances that they will be evicted for noise are among the highest. Violation of the rights of other citizens living in a residential building is considered sufficient grounds for termination of the contract.

Therefore, if the noise exceeds all permissible limits, interested residents can collect the necessary evidence and apply to evict their neighbors first to the police and local administration, and then to the court.

Important! Eviction from municipal housing for violating the rights of neighbors does not allow you to apply for another living space. Therefore, in most cases, noisy neighbors who are faced with the prospect of eviction often do not bring the matter to court and begin to take into account the interests of other residents.

Noisy neighbors rent an apartment

There are various ways to evict noisy neighbors who rent an apartment.

First of all, you can contact the landlord: in a situation where renting out an apartment is not legal, the owner will most likely cooperate.

If you cannot resolve the issue with the owner, you need to file a complaint against your neighbors with law enforcement agencies and the management company.

In addition, interested parties can contact Rospotrebnadzor : its employees are inspecting residential premises and can measure the noise level. But, as a rule, it is often impossible to do without going to court.

Noisy neighbors live in their own apartment

Neighbors living in their own apartment ignoring the rights of other residents is the most common and at the same time the most difficult situation.

In fact, in the case of property owners, there is no question of how to evict neighbors: if the living space in which they are making noise is their only home, neither the court nor law enforcement officials have the right to evict them.

But, of course, interested neighbors can always use other measures of influence, including getting a case of violation of their rights heard in court.

Moreover, in the case of property owners, judicial authorities, as a rule, choose other methods of protecting residents from constant noise.

Eviction procedure

So, to the question of how to organize an eviction, there is no clear answer: the procedure depends on the specific situation (for example, if the housing is municipal, you can contact the local government, and if the housing is rented, then its owner ). But, at the initial stage, we need to try to resolve the issue through peaceful negotiations. If negotiations do not bring results, then the procedure at the pre-trial stage is usually as follows:

• recording of an offense (video or audio materials);
• contacting the police (the violator may be subject to an administrative fine);
• contacting Rospotrebnadzor (to measure noise levels);
• filing a complaint with the management company (if the constant noise is caused by repairs, then it is quite possible that illegal redevelopment is taking place);
• filing a complaint with the local administration.

The pre-trial stage is an important stage on which the outcome of the case in court largely depends. That is why, if you want to evict troublemakers from your apartment, you should collect the maximum amount of evidence at the pre-trial stage.

Important! Local governments have the right to file a claim in court. Thus, it will be necessary to collect evidence and interact with these structures.

The process of evicting neighbors from an apartment through the court consists of several stages.

First of all, you need to correctly draw up a statement of claim (it must comprehensively describe all the circumstances, and also indicate the requirement for eviction with reference to the legal act). Further, eviction through court involves:

• filing a claim;
• preliminary hearings;
• direct legal proceedings (during which you need to competently defend claims);
• receiving a copy of the writ of execution and transferring it to the bailiffs;
• execution of a court decision (i.e. eviction of a neighbor).

What can serve as evidence?

Collecting evidence for eviction from an apartment is a long and labor-intensive process, since in order for the court to make an appropriate decision, you need to provide indisputable evidence of violation of your rights by your neighbors. Evidence may include:

• written statements of witnesses;
• protocols of the district police officer;
• copies of complaints and responses to them;
• results of the premises inspection;
• copies of letters and claims sent to the violator;
• audio and video recordings.

Let's summarize. Eviction from an apartment is an exceptional measure, so you can only count on your neighbors changing their place of residence in rare cases.

However, if you still intend to evict your neighbors, we recommend contacting lawyers: specialists with experience in such cases will be able to offer the most effective measures to deal with violators and provide legal support at all stages.

How to evict neighbors who rent an apartment

Disputes with neighbors are an eternal problem for residents living in apartment buildings. It is especially problematic to get along with neighbors if they make noise, organize brawls and other events that interfere with the peace of other citizens.

It’s one thing when neighbors are the legal owners of the apartment, and another thing when they are tenants renting housing under a lease agreement. Dealing with such comrades is much easier, since you can initiate their eviction.

How to solve a problem?

Litigation with neighbors is always a conflict. In any conflict situation, there are two ways out: solve the problem peacefully or go to court. The first option involves resolving the dispute at the pre-trial stage.

You can try to talk with your neighbors, discuss those nuances that do not suit you. There is a chance that you will be heard and the violations will stop.

You can also threaten your neighbors with calling the police if their actions are illegal.

You can immediately contact the owner of the apartment and inform him about the violations of the tenants.

Since many tenants rent out housing without declaring the rental agreement to the tax office, they are interested in ensuring that the tenants’ stay is quiet and peaceful.

After all, at any moment neighbors can not only inform the police, but also report to the tax service. A conversation with the owner in many cases helps significantly. The tenant can simply ask the tenants to vacate the territory.

The judicial procedure provides for neighbors to go to court. This procedure is more effective. But it has its own subtleties.

The court can evict if the tenants have violated the law.

For a substantive understanding of what actions need to be taken if your neighbors violate your rights, we provide the table below.

Where to go	What could be the result
To residents	The problem can be resolved peacefully if the parties to the conflict are able to find a compromise. Violators admit that they were wrong and do not violate the rights of others in the future.
To the property owner	Influencing tenants by terminating a lease, eviction as a result of termination of contractual relations, persuading them to reconcile with neighbors and not cause inconvenience to them in the future.
To the police	Contacting law enforcement agencies is advisable if neighbors violate the law. In this case, the police are called. Violators may be detained until the circumstances are clarified. It is possible that citizens may be punished.
To court	Going to court by filing an eviction lawsuit. Satisfaction of the applicant's demands is possible if there are grounds for eviction.

Legislative acts on eviction issues

There is no need to put up with neighbors who behave rudely. The law provides for the procedure for eviction of citizens. The main document regulating the eviction of persons from living space is the Housing Code. The grounds for termination of the lease agreement are contained in the Civil Code (Articles 687-688). At the regional level in the Russian Federation there are laws on silence.

Grounds for eviction

If you just don't like your neighbors, you won't be able to evict them. There must be good reasons for this. These include:

• Violations of rules of residence in residential premises;
• Use of housing for purposes other than its intended purpose;
• Failure to comply with sanitary standards and cleanliness of the premises;
• Not paying for housing and communal services;
• Immoral behavior (systematic drinking of alcohol, drug use, disorderly conduct);
• Long-term absence from place of residence.

Which of the following reasons does the court take into account? If at least one of the above circumstances occurs, the court may evict citizens. It does not matter whether the tenants are registered in this premises or not.

Important: Grounds for eviction apply to citizens renting housing from a private person or from the state.

Expert opinion: The presence of minor children among tenants is not an obstacle to eviction, since the housing does not belong to the family.

We are talking about a situation where housing is rented from a private person. The owner of the apartment may at any time demand to terminate the lease agreement and ask all family members to vacate the living space.

What must residents do?

The principles of living in apartments in an apartment building are based on mutual respect and respect for the rights and interests of other people. Despite the norms of morality and law, citizens manage to cause inconvenience to other people living in the house. What violations are committed most often?

This is usually noisy behavior during the late hours of the day. Different regions have different rules regarding the silence law. For example, according to Law No. 52 of March 12, 1999.

night time is considered to be the time period from 23.00 to 07.00. At this time, you must not make noise, listen to music loudly, carry out repairs or construction work, or move furniture.

The noise level in the apartment should be in the following frequencies:

1. From 7 to 23 o’clock – 40 dB;
2. From 23 to 7 o’clock – 30 dB.

Important: For example, the noise level when a car alarm is triggered is almost 100 dB.

At the local level, their own legislative acts are adopted and other norms are approved. Thus, in Voronezh it is prohibited to make noise from 10 pm to 7 am, in Kazan from 11 pm to 6 am, etc.

article ⇒ Forced eviction from an apartment of an antisocial person

Sanctions for violations

Exceeding the noise threshold is the most common reason for neighbors to contact the police. A local police officer arrives at the address. But usually the case ends with a verbal reprimand to the offender. However, administrative legislation also contains more stringent sanctions, in addition to a reprimand, for these violations. In accordance with Art. 3.13 of the Code of Administrative Offenses, punishment is provided for:

• Carrying out repair work during prohibited hours;
• Violations of silence at night (from 11 p.m. to 7 a.m.).

Sanctions for these violations include a reprimand and payment of a fine. Fine amount:

• For citizens – 1000-3000 rubles;
• For officials – 4000-8000 rubles;
• For legal entities – 40,000 – 80,000 rubles.

The maximum that can be achieved in this situation is to force violators to pay a fine. But it will not be possible to evict them under such circumstances. The court is unlikely to take the applicant's side in this case.

Going to court and filing for eviction

If tenants break the law, an eviction lawsuit may be filed against them. Depending on whose property the apartment is located, a claim may be filed:

Who can be the plaintiff	In which case
Neighbors	If the neighbors are the owners of the apartment.
Owner	If the tenants live under a lease agreement.
Local government bodies	If the tenants live on the basis of a social tenancy agreement in a non-privatized apartment.

The statement of claim is filed with the court at the defendant’s place of residence. In court it will be necessary to prove that citizens actually violated the law. Written evidence is suitable for this: copies of complaints from neighbors and statements to the police, as well as witness statements.

Misconception: Some citizens think that the owner can be easily evicted from his apartment. Actually this is not true. The Constitution of the Russian Federation guarantees the human right to housing (Article 40). Courts rarely take such a step, and only if the citizen has grossly violated the law.

Business prospects

What can a person file an eviction lawsuit expect? There are three options here:

1. If a noisy neighbor is the owner of the apartment, then it is practically impossible to evict the person, even through the court.
2. If the tenant rents housing under a contract from a private person, then violation of the rules of residence is an essential condition of the lease agreement, which means the legal relationship can be terminated, and accordingly citizens will be required to leave the premises.
3. Eviction from a state apartment can also be carried out, but in this case the citizen may be provided with other housing.