How to evict alcoholic neighbors from an apartment, how to evict a neighbor from an apartment who drinks

In residential high-rise buildings there are several apartments on one staircase.

At the purchasing stage, the future home owner is not always able to find out whether the neighbors are prosperous. If there are alcoholics among them, you may have to start defending your own rights to a quiet life .

What are the dangers of neighbors who abuse alcohol?

He not only:

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• Keeps you awake at night;
• Brings “incomprehensible” guests;
• Rowdy;
• Releases foul odors;
• Causes the proliferation of harmful insects

but it can also cause a fire or even an explosion:

• without putting out a cigarette butt or falling asleep with a cigarette;
• forgetting to turn off the stove.

It is very dangerous to be in the same building with such people.

Where to start the eviction process

When controversial issues arise, Russian legislation protects the interests of those suffering from the actions of noisy and antisocial citizens.

In particular:

Clause 4 art. 17 of the RF Housing Code establishes that the use of residential premises must be carried out taking into account the legitimate interests and rights of all residents and neighbors living in the premises. At the same time, it is important to comply with sanitary, hygienic, environmental and other standards, fire safety requirements and current legislation regarding the rules for the use of residential premises .

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The Housing Code provides for a number of measures that can be taken against troublemakers.

Among them:

• Administrative warning or fine;
• Eviction (if neighbors live in the apartment on the basis of a rental agreement);
• Deprivation of property rights followed by eviction (if the neighbors are the owners of the apartment).

The last two points refer to extreme measures.

And not everyone has the courage to confront their neighbors.

Having found out which apartment the source of concern lives in, first of all you can try to negotiate peacefully:

• Make a remark;
• Ask not to disturb the peace.

If this doesn't help, next step:

1. Call the police. It is necessary to call 02 precisely at the moment of the next noisy feast. It is worth noting that internal affairs officers also respond to anonymous calls. If you have concerns, you don’t have to give your contact information to the person on duty when you call, but act anonymously;
2. Complaint to the district police officer. To achieve results faster, it is better to enlist the support of several neighbors and file a collective complaint.

• Division, position and full name of the person to whom the complaint is directed;
• Full name, residential address of one of the senders of the complaint, contact information;
• The essence of events;
• Request/Demand;
• Date and signature of the persons filing the complaint.

Is it possible to evict alcoholic neighbors from an apartment?

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

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

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

Eviction from privatized housing

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

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

In this situation, it is important to enlist the support of a competent lawyer.

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

Eviction from non-privatized and municipal housing

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

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

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

Eviction from rental housing

• There are often cases when alcohol lovers do not own housing, but rent it.
• Such people often live by the principle “I pay the rent, so I do what I want in the apartment.”
• Responsibility for a room or apartment lies not only with those living in the premises, but also with the owner of the property.

Usually, after such a conversation, tenants are immediately evicted. If the conversation does not help, in order to resolve the issue it is worth:

• File a complaint against your neighbors, mentioning that the property is for rent, and submit it to the district police officer;
• Every time your alcoholic neighbors are noisy, call the police.

1. For each complaint, the apartment owner will have to write explanatory notes.
2. Since violations have been recorded, it will be necessary to pay administrative fines, the average amount of which is 2,000 rubles.
3. Having visited the police station once or twice and paid several fines, any sane homeowner will rush to get rid of tenants who abuse alcohol.

Resolving the issue through court

The court is the final authority in the fight against annoying neighbors.

It is worth noting that the eviction of alcoholics is possible not because they suffer from this illness, but precisely on the grounds provided for by housing legislation.

Living in the same house, entrance, and even more so in an apartment with citizens addicted to strong drinks is not just unpleasant, but life-threatening.

In a state of intoxication, a person does not control his own actions and is not aware of his actions. Of course, it is better to resolve issues even with problematic neighbors peacefully, but this is not always possible.

The maximum effect can be achieved by teaming up with other residents of the house, who are also annoyed by violators of peace and order.

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How to evict neighbors from a municipal apartment for drinking

In apartment buildings, dwellings are located too close to each other, so the question often arises of how to evict alcoholic neighbors.

After all, everyone needs a quiet life, and people who abuse alcohol almost never behave calmly.

In addition to constant noise in the neighboring apartment, they can directly disturb the residents of other apartments, cause scandals, not to mention constant visits from the police.

Disadvantages of living with an alcoholic

Many people will agree that they have lived in neighborhoods with alcoholics for many years and have not felt any discomfort, at least not as often. Indeed, most people who abuse alcohol do not cause any problems, perhaps throughout their lives.

But at the same time, everyone is familiar with people who, while intoxicated, can become rowdy, disrupt order, and disturb neighbors. What if such individuals are chronic alcoholics? In such cases, the life of neighbors turns into a nightmare with daily proceedings, suggestions and lack of sleep at night.

Practice shows that the following problems may occur as a result of drunks living in an apartment building:

1. Constant noises, quarrels, fights, and so on, interfering with restful sleep and simply the peace of mind of the other residents of the house.
2. Constant visits from suspicious individuals, usually drunks or worse, criminals, drug addicts.
3. High risk of crime in the neighborhood, which is undesirable for any neighbor.
4. The risk of developing infectious diseases in the home, since drunks rarely follow the rules of hygiene or do not follow them at all.
5. Due to lack of maintenance of the home, pests multiply in it, and subsequently throughout the entire house: cockroaches, beetles, and other parasites.
6. There is a high risk of fire in a neighboring apartment, which in an apartment building threatens the entire building with fire.

But it is worth noting that those who put up with such a neighborhood because an alcoholic is the owner of the apartment are very mistaken. There are plenty of legal mechanisms for eviction of persons from the housing they occupy, including the owner.

Mechanisms of influence on alcoholic neighbors

Everyone knows that when an alcoholic moves into the neighborhood, then you need to contact the police. This is not the most effective method of getting rid of an unwanted neighbor, but it is the most common one that residents resort to.

By contacting the police you can achieve the following:

• imposing a fine on a neighbor;
• administrative arrest for up to 30 days;
• imprisonment if a neighbor commits a crime.

Thus, if a neighbor does not commit a serious crime, then contacting the police will not be able to get rid of him for a long time. So this is perhaps not the most effective way to deal with alcoholic neighbors.

You can file a complaint with the police in the following ways:

1. Call the police by calling 02.
2. File a written complaint against your neighbor to the local police officer.

Usually the district police officer takes serious measures only when several residents complain about the same neighbor. Therefore, it makes sense to file a collective complaint.

This complaint must include the following information:

• FULL NAME. local police officer, precinct number;
• FULL NAME. one or all applicants, house number;
• summary of the complaint;
• Full name required alcoholic neighbor and his apartment number;
• request to take action against him;
• signatures of residents who joined the complaint.

After receiving a complaint, the local police officer is obliged to take action and notify the complainant about it in writing. These measures must be taken within one month from the date of filing the complaint.

At the same time, housing legislation provides for more effective methods of dealing with such neighbors.

Among them it is worth highlighting the following:

• eviction of tenants from their occupied housing;
• depriving owners of their property rights.

These measures are extreme and are applied only when neighbors systematically violate the rules of living in the house, do not comply with regulations and interfere with the lives of other residents on a regular basis.

Procedure for evicting an alcoholic neighbor

How to evict noisy drunk neighbors? Eviction is the last resort that can be resorted to. Carried out after all the actions of the local police officer and administrative sanctions have not given the desired result.

Eviction is possible only by court decision. Appeal to the court can be carried out either by one of the residents or collectively. But even if one resident of the house applies, the opinions of other residents will be heard and taken into account without fail. In most cases, the appeal occurs through the administration, since, as is customary in practice, only she can evict an alcoholic from an apartment.

Many also mistakenly believe that the tenants themselves cannot evict anyone. The legislation does not establish such a ban. The Housing Code contains instructions according to which the local government has the right to evict tenants who violate the rules of residence. However, this instruction does not limit the rights of residents to peaceful living.

But the practice in such cases has developed such that in most cases residents turn to the local administration or housing organization. They do this because it is difficult for them to collect evidence, or simply because it is the local administration or housing organization that must ensure the rights of residents.

But if residents manage to collect evidence, they can go to court on their own. This provision is based on the rule that if a housing organization refuses to evict an alcoholic neighbor, residents can challenge this refusal in court. Essentially, the court will consider the issue of eviction. So tenants have the right to evict alcoholic neighbors on their own through the courts.

Of course, the court requires evidence.

They can serve as:

• administrative acts of the local police officer, which were drawn up in relation to an alcoholic neighbor;
• video recordings and photographs that record facts of violation of order on the part of such a neighbor, evidence of violation of silence;
• conclusions of a housing organization, fire inspectorate, as well as a sanitary service about the deterioration of the condition of an apartment building due to the dishonest attitude of such a neighbor to his duties.

Of course, if there are sufficient grounds, the court satisfies the tenants’ demands to evict the ill-fated neighbor from the apartment. After this, such a neighbor will forcibly lose his apartment. His apartment will be sold or exchanged for an apartment in another building. However, this procedure does not apply to how to evict a neighbor from a communal apartment.

How to evict neighbors from a communal apartment? The rules of living in such dwellings are regulated separately. Premises in a communal apartment are, in fact, the common property of all persons living in it. If one of them violates the rights of the others, then a forced redemption of the share may be carried out by a court decision.

But in any case, the support of the local government is important in eviction cases. They will be the ones who will be able to confirm certain arguments of the residents. If the local government authority refuses to participate in court in any way, then you can file a complaint against it with the prosecutor’s office, since it refuses to fulfill its direct duties.

Specifics of eviction

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

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

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

The legislation identifies the following grounds for refusal of eviction:

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

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

So:

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

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

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

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

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

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

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

Eviction by housing organization

The legislation allows for options when the eviction of neighbors is possible by the Management Company or another housing organization. Of course, a housing organization cannot demand the eviction of the owner from a residential premises for violating the rights of neighbors in its lawsuit in court. However, she can refer to the tenant's debts.

Alcoholics, as a rule, rarely worry about paying utility bills. Meanwhile, the housing organization only in extreme cases resorts to such a mechanism of influence as disconnection from supply lines. In practice, there are cases when debts reached several hundred thousand rubles.

When a large debt is generated, it is collected through the courts. If an alcoholic tenant does not repay the debt, which is hardly possible, given the specific financial situation of alcoholics, then the debt will be collected at the expense of the apartment. That is, the apartment will be sold forcibly, and the remainder after the sale will be transferred to the tenant himself, who will decide where to live next.

However, this order has its own characteristics:

• this is possible if the person is the owner of the apartment or has ownership rights to a share in it;
• this is impossible if the apartment is the person’s only place of residence;
• This is impossible if the person has other property that may be subject to foreclosure.

But residents have something to be happy about in this case. If an alcoholic neighbor does not take measures to pay the debt, enforcement measures will be taken against him. In particular, criminal legislation provides for such types of sanctions as imprisonment, forced labor, and so on.

So there is a possibility that such a neighbor will either calm down under the influence of such sanctions, or will be sent to places not so remote for a long time.

Eviction of a noisy neighbor who rents an apartment or is the owner

Any person dreams of arranging his comfort zone in such a way that nothing bothers him and everything is fine.

Usually apartment owners or renters succeed in this, but then the question arises: “How to evict alcoholic neighbors”? It also happens that neighbors are simply disgusting, moreover, they interfere with the lives of ordinary people. It is very important to know how to evict them.

Why are alcoholic neighbors dangerous?

The misfortune of having alcoholic neighbors is that they can completely ruin your life by their very presence. Often, alcoholic neighbors organize loud parties, drinking bouts, and parties. Their apartment often plays loud music at any time of the day or night.

They interfere with the peaceful life of ordinary people who get up early in the morning to work or study.

Such parties can end:

• brawl;
• very loud abuse from its participants.

Drunk people are not aware of their actions and therefore can do many bad and terrible things, for example, injure or beat a person who decided to hint to them that it was time to stop rowdy.

Very often, especially during the holidays, hospitals receive a lot of crippled and beaten alcoholics and victims at their hands, which is proof of the danger posed by alcoholics.

This is just a small list of everything that alcoholics do when they live next door to ordinary people. One can mention the unsanitary conditions that spread throughout the entire house, and the terrible stench emanating from the apartments of such unfortunate neighbors, and many, many more reasons for evicting such comrades from their home. We now face a completely logical question: how to evict an alcoholic from an apartment?

How to evict an alcoholic from an apartment?

It is possible to evict an alcoholic from an apartment through legislative means and, probably, these are the only ways. The first thing you should do is refer to the Housing Code of the Russian Federation. It says that while living in a house, it is necessary to take into account the desires and comfort of all residents. In addition, such individuals always have problems paying for housing and communal services. This means, under a social rental agreement, they can be evicted to a less comfortable room, for example, a dormitory.

So, if you are completely unhappy with alcoholics and rowdy people in the house, then your wishes will be taken into account and taken into account. The same code provides all possible measures that should be taken against violators.

This rule also applies to the question of how to evict noisy neighbors:

1. First of all, this is a fine and a warning. Executed by the district police officer or other persons.
2. If alcoholics ignore the warning and do not pay the fine, questions are raised about their eviction from the house. Thus, the question: “how to evict neighbors who rent an apartment?” disappears.

However, there are those who do not dare to openly confront their alcoholic neighbors. Such people use another backup option, namely, to negotiate with violent neighbors.

But, as often happens, this method is not the most effective, and again you have to contact the local police officer or even call the police.

The process of eviction of neighbors of alcoholics

The process of evicting alcoholic neighbors is quite lengthy and does not take place in one month. If you declare: “We’re evicting the neighbors!”, then you must understand that this will be an extremely long and drawn-out task, however, it is necessary for your calm and ordinary life.

First of all, in order for the eviction of the owner from a residential premises (for violating the rights of neighbors) to be considered successful, you must:

• draw up a complete package of documents concerning you and those against whom you have filed a complaint;
• in the documents you must indicate all contact information about neighbors, evidence of previous violations (if any) and complete information about yourself and about the house in which you and the troublemakers live;
• in the future you must attend all court hearings and attend all trials.

Another interesting point is that not only you, but also neighbors who live either together or next to alcoholics can file a claim. The conditions for their claims are the same as for yours.

If you cooperate with other residents of the house who suffer from violent neighbors, then the chance of winning the case increases.

The process of eviction of alcoholic neighbors who rent an apartment with you

If you rent an apartment with neighbors who abuse alcohol, or drunks themselves rent an apartment next door to you, then you can also try to legally evict them. First of all, you need to remember that responsibility lies not only with alcoholic neighbors, but also with the owners of the apartment who rent it out to violators.

They must also answer to the court and attend trials. It is also important that the owner is obliged to write reports where he will report to the police for each misdemeanor of the residents. If there are a lot of complaints, then the apartment owner is obliged to pay administrative fines.

Need to remember:

1. The district police officer must be aware of events.
2. The police are obliged to come every time the alcoholic neighbors begin to disturb the peace and quiet again.
3. If complaints are received infrequently, then the rowdies must pay a fine.

However, if this does not happen, and complaints are received very, very often, then the owner of the apartment is obliged to evict alcoholics and no longer allow them to enter the apartment, under any circumstances.

The process of evicting alcoholic neighbors from a communal apartment, procedure

In order for you to be able to evict alcoholic neighbors who disturb the peace and organize parties in a communal apartment, you need to follow a certain procedure.

The first thing you must do is collect evidence that confirms the presence of violations coming from your neighbors. Police reports can serve as such evidence, provided that they were called.

Testimony from neighbors who were violated by alcoholics. If drunk neighbors, while intoxicated, caused damage either to property or to the neighbors themselves, then documents confirming this are needed.

Such documents can become a powerful trump card in court, and will help you win this trial. If a neighbor has utility debts, then documents confirming this could serve as an excellent impetus for considering the case.

In such cases, the case can go to court only when verbal warnings are ignored by the neighbors of alcoholics.

If this really happens, then:

• neighbors have the right to call the police together with the local police officer to sort out the situation;
• a protocol is drawn up;
• the case goes to court.

During court proceedings, all residents of a communal building are required to be present, and they are also required to testify against the violators and submit all the necessary documents. They are also obliged to testify against the violators and submit all the necessary documents.

You must understand that eviction of alcoholic neighbors from the apartment is the most extreme and last resort.

To begin with, you should try to verbally agree with the rowdies about calm, or at least not excessive abuse.

If something happens, you can threaten them with legal proceedings, and resort to them only as a last resort, when alcoholics completely interfere with a quiet life, or cause harm to you and your loved ones, neighbors and relatives.

You should never try to evict your alcoholic neighbors by force. This will not lead to anything other than consequences in the form of litigation, but on their part. According to the law, violators may not be evicted, but only given a period of correction, in case of violation of which, the issue of eviction will be fully raised.

How to evict an alcoholic neighbor from a hostel, municipal apartment and privatized apartment?

The most difficult and lengthy process to evict a neighbor suffering from alcohol addiction is to evict him from a privatized apartment. The court makes a verdict, taking into account many different factors that influence the final decision of the labor.

If there are children in the family, and their mother is a complete alcoholic, then the court will involve the guardianship authorities in the case, which means a thorough consideration of the case from all sides. However, the guardianship and trusteeship authorities only guarantee the deprivation of parental rights, and not their eviction from the apartment. This can only be done by the court.

The fastest and shortest process is the process of evicting an alcoholic neighbor from the hostel. Since the hostel belongs entirely to the landlord, he has the right, based on Article 91 of the Housing Code of the Russian Federation, to evict the offender without legal proceedings.

Evicting a drunk neighbor is also possible in public housing.

Owners of municipal housing are:

1. City Hall.
2. Administration of a rural settlement.

Everyone who lives in such housing is a tenant. They must independently pay for all utilities and maintain repairs in their home.

If alcoholics do not fulfill these conditions, while disturbing the order with their behavior, then the question of their eviction will arise thoroughly and irrevocably.

If the owners of municipal housing themselves ignore violations, then residents have the right to file a lawsuit against them.

All residents of the house are required to cooperate in a joint effort to evict the drunks. The law should be on your side, since no one has the right to disturb a person’s quiet life and extremely negatively influence his comfort zone.

Everyone must defend their rights competently, legally and, most importantly, without consequences for their lives and the lives of their loved ones. Don't be afraid to go to court with a statement. And the court will be able to take into account a lot of nuances and factors for the eviction of rowdies. You must also take them into account in order to win the trial and make your life calm again.

How to evict an alcoholic from an apartment - from a privatized, municipal, communal, forever

Neighborhood with a person prone to alcoholism, or living in the same area with an alcoholic relative, for many people becomes a reason to exchange or exchange an apartment. Suffering from constant brawls, victims of inappropriate behavior of alcoholics are ready to run wherever they look, just to find peace in their own home.

Only a few have the courage and patience to get rid of the troublemaker in a different way and not temporarily, but forever.

But people are not always so aware of their rights and the intricacies of the law as to know how to evict an alcoholic from an apartment.

For each individual case, there are rules for the procedure for eviction of a drunkard, and they are somewhat different.

An alcoholic neighbor and an alcoholic close relative are two different evictions, plus the possibility of aggravating the procedure:

• the presence of a neighbor with minor children living with a negligent father;
• a serious illness of a relative (in addition to alcoholism, he may suffer from diabetes, for example).

In order to comply with all legal requirements and not end up guilty, before evicting an alcoholic, you need to find out:

• who owns the housing;
• does the alcoholic have relatives vying for living space;
• whether he has children under 18 years of age.

And only then can the procedure begin.

As a rule, alcoholics in an apartment building become the scourge of an entire entrance, or even the entire high-rise building, so the surest way is to write collective complaints: to the police, to the municipality, to the housing office.

And the more of them there are, and the more often they are submitted to the relevant authorities, the greater the chance that the problem will be solved faster.

Reasons

Alcoholics, according to medical characteristics, are divided into two groups: quiet and aggressive.

At first glance, there is less trouble with a quietly drinking person: being in alcoholic prostration, he does not bother anyone, he even tries to be invisible, he almost never invites friends to visit, he drinks himself, sometimes on the side, and does not interfere with his neighbors.

But at the same time, there is no guarantee that he does not smoke drunk in bed, while intoxicated, he carefully turns off all heating devices and keeps order.

No legal document gives a clear answer to this question. A quiet alcoholic can be evicted legally only if there is a real threat to those living nearby: health and life. That is, to put it simply, wait until he burns down half the house.

The legal grounds for vacating living space that can be presented to any alcoholic (whether he is quiet or “violent”) are as follows:

1. Mismanagement of living quarters (this is typical for all people suffering from alcoholism).
2. Use of residential premises for other purposes (permissible, but difficult to prove, since even the most hopeless alcoholic can provide evidence of his residence in the apartment).
3. Systematic violation of the rights and interests of neighbors or persons living with him.

Procedure for eviction from an apartment

In any case, the fight against the inappropriate behavior of an alcoholic must begin with an interview: in an amicable way, or with warnings. This helps if a person has not yet completely drowned his conscience at the bottom of the glass.

Such methods do not work on chronic alcoholics. Therefore, neighbors (relatives) conduct a second conversation together with the district police officer. But this does not work for every drinker.

If warnings and negotiations do not produce results, the eviction saga will have to continue through the police and judicial authorities.

The procedure for evicting an alcoholic from an apartment depends on the form of ownership of the living space. When evicting a rowdy person, be sure to find out who the official owner of the property is, since methods of eviction have nuances.

Let's consider the procedure for eviction from an apartment.

Privatized

This eviction case is the most difficult and can drag on indefinitely. The only correct solution to the problem of how to evict an alcoholic from a privatized apartment is to go to court.

The following actions are required:

1. If the problem is a neighbor who constantly drinks and is rowdy, you need to start by filing a complaint with the police station at your place of residence and calling the police to “calm down” the troublemaker.
2. It would be desirable for representatives of the sanitary and epidemiological station to be present for an assessment of the condition of the apartment.
   If minor children live with an alcoholic father or parents, it is necessary to invite specialists from the guardianship authorities.
3. Each fact of violation must be recorded in writing (statement) or using writing means (camera, camera, voice recorder) - they will become indisputable evidence during court hearings.

Municipal

• Evicting a hopeless drunk from an apartment is a task that requires time, nerves and legal support, since it is quite difficult to competently draw up a statement or claim in court.
• It is somewhat easier to evict an alcoholic from a municipal apartment than from a privatized one, but even here, assertive collective action will be needed from the residents of the house, or neighbors from several apartments.
• In the case of municipal housing, there are more grounds for expelling a drinking and irresponsible tenant, who, according to official documents, is a tenant and is obliged to fulfill certain requirements:

• pay monthly utility bills on time and in full;
• systematically repair the apartment and keep it in order;
• do not allow residence of unauthorized persons not specified in the social tenancy agreement.

1. The vast majority of alcoholics do not adhere to any of these points and evade administrative responsibility, which becomes a preliminary punishment for rowdy drunks.
2. Constant statements from neighbors will help bring closer the hour of the alcoholic’s final reckoning for their lost peace.
3. They will allow the landlord to make a decision to evict a drinking tenant based on complaints from tenants and the alcoholic’s repeated violation of the contractual terms of contacting:

• district administration;
• municipality;
• police.

Communal

The most dangerous alcoholic is the one who is in close proximity. If you can somehow escape from the antics of a neighbor living in a separate apartment in your own, then in a communal apartment this is not so easy.

How to evict a drinking person from an apartment where, according to documents, he should only occupy a room, but in fact he has turned the whole place into a gathering of his dysfunctional “colleagues” and a zone of discomfort and danger for neighbors?

As in previous cases, it is necessary to start eviction from applications to the same structures:

• housing office;
• police;
• district administration.

You can also contact the prosecutor's office and the sanitary and epidemiological station: depending on how neglected the housing is and how aggressively the alcoholic behaves.

The basis for his eviction is failure to comply with Article 83 of the Housing Code of the Russian Federation:

• lack of payment for apartments and utilities for six months;
• systematic violation of the interests of people living in the neighborhood;
• mismanagement of residential premises.

And the basis for making an appropriate decision by the State Housing Authority on violation of the rules of living in a communal apartment becomes a statement from the residents.

Next, the State Administration “Housing Agency” (Housing Office, municipality) is preparing a lawsuit to collect the debt and eliminate violations.

If an alcoholic neighbor does not comply with the court decision (and this often happens), the neighbors again write a statement to the same structures. Thus, the offender acquires the status of malicious and this becomes a legal basis for his eviction.

If it is registered

A separate conversation is about how to evict an alcoholic forever if he is registered in the apartment. In this case, the fact who owns the living space plays an important role.

If a negligent relative’s “trump card” is only registration, and there is no shared participation in the ownership of the property, then the issue can be resolved through the court by filing a claim for forced deregistration.

If a family lives in an apartment (house) on social rent, going to court will be futile.

How to evict an alcoholic from an apartment

Alcoholic neighbors and relatives who poison the lives of those close to them, logically, deserve to be resettled. How to do this legally and justifiably? What to consider when moving out?

husband

The only way:

• divorce from an alcoholic;
• forced eviction through the court, which usually takes the wife’s side, especially in cases where she is the owner of the property and is raising children.

Father

Each individual case requires its own solution. The procedures for permanent eviction from a municipal and privatized apartment are somewhat different, but both problems are resolved through a lawsuit.

Evidence is required confirming alcoholism (parasitism, a tendency to aggression and rowdy behavior) of the “head of the family” in order for the judge to make a decision on eviction.

Brother

If the alcoholic brother is not the owner of the share, then the eviction occurs forcibly through the court, but if he is a party to the share agreement, there is no way to evict him.

Neighbor

The legislator provides measures to protect the interests of residents of apartment buildings from alcoholic neighbors. Among them is eviction on the basis of systematic violation of public order by a negligent person.

Evicting an offender is an extreme measure, and before you do it, you need to be patient and apply a number of preliminary measures to the alcoholic:

• warnings;
• administrative liability (fines);
• compulsory treatment.

Going to court

The following have the right to apply to court to evict an alcoholic from an apartment:

1. Relatives.
2. Neighbours.
3. Landlord (if the housing is municipal).

It is easier to evict an alcoholic without property rights in court (it is enough to take Article 91 of the Housing Code of the Russian Federation as a basis). The process of eviction of an alcoholic with property rights (registration) becomes somewhat more complicated. It is almost impossible for an alcoholic to own a share of the home.

Statement of claim and evidence

To make a decision to evict a drinking relative (neighbor), the court will necessarily require evidence of his alcohol addiction and violation of the interests of other residents.

The following can be provided as evidence:

• certificates from the dispensary where the alcohol addict was treated;
• a copy of the report from the SES on the alcoholic’s violation of sanitary and hygienic standards;
• copies of police reports drawn up when the squad was called;
• copies of complaints to utility services;
• verbal confirmation from neighbors about the drinker’s violation of public order;
• audio and video recordings of brawls caused by a neighbor (relative).

A sample statement of claim can be downloaded here.

Arbitrage practice

Courts make decisions in favor of the plaintiffs (neighbors or relatives injured by an alcoholic) in 85% of cases, provided there is substantial evidence and the alcohol addict does not have the right to own housing.

Evicting an alcoholic ex-husband

Citizen D., the ex-wife of an alcoholic, the mother of two minor children of different sexes, filed a lawsuit in one of the Moscow district courts to evict citizen D. (ex-husband), who drinks and lives in one of the rooms of the apartment, the owner of which is his wife.

The court, having considered all the nuances, ruled in favor of the plaintiff, since she had a need to provide individual living space for her growing son and daughter. The husband was forcibly evicted from the apartment.

Evicting an alcoholic neighbor

Due to the constant violation of public order and a debt of 12 thousand rubles (rent and utilities), citizen M., who lives in a one-room apartment in a house on the street, was forcibly evicted from his apartment by court order. Lenin, Tver.

The plaintiffs were the neighbors of the alcoholic. The claim was fully satisfied.

About the features of eviction from an apartment on video

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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