Not only in megacities, but also in small towns, apartments rented to unknown people are often a serious headache for neighbors : tenants live as they please and do not even observe the basic rules of living together in high-rise buildings.
This problem is also for the state. On the one hand, the official owners of housing completely undeservedly experience discomfort in their personal apartments - when the housing was purchased, all the neighbors seemed to be socially stable people.
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On the other hand, many people who rent out housing do their best to evade income taxes , and the state budget is short of serious amounts. How to solve a problem, fighting from two sides? Neighbors rent out their living space: where to complain about noisy tenants?
Find out whether it is possible to rent out housing to foreigners, and what responsibilities there are for this.
Collection of evidence
How to prove that a property is for rent? If it is implied that there is an illegal transaction with material benefit for the landlord, then only the denunciation of the tenant.
In this case, the witness testimony must be accompanied by the provision of an agreement signed by both parties, receipts for the transfer/reception of money.- At the moment, this is the only way to prove the illegal rental of housing acceptable for consideration by official authorities.
- Calls from neighbors to the tax office in order to report suspicions that someone living nearby is renting out their home and does not pay taxes may become a reason for service workers to visit the residents of the “suspicious” living space, but are not the basis for real punitive actions.
An exception is a call to the migration department (FMS). If its employees establish that the residents are illegal migrants, the latter will soon be deported.
You can learn more about what liability is provided for the illegal letting of real estate from our article.
Where to send a complaint?
There are quite a lot of authorities to which you can complain about the illegal rental of real estate, but due to the lack of existing official levers, only a small percentage of complaints will bring the desired effect .
But active “knock” can cause a strong deterioration in your relationship with the official owner of the property. Even if all complaints are filed as anonymous, identifying their originator is not that difficult for an intelligent person.
If you are ready for an open confrontation, you can file complaints about the rental of real estate to the following authorities:
- To the district police officer , if systematically, from behind the wall adjacent to the “bad” apartment, unimaginable noise is heard, drunken screams, swearing, hours-long sounds of repairs affecting the walls/floor, the ceiling of the room (the sound of a hammer, the sound of a drill, a hammer drill). It is better to complain in writing.
To the prosecutor's office , if the local police officer ignores numerous complaints, and illegal immigrants continue to violate the quiet hours in every possible way and behave antisocially. Please make your complaint in writing. - To Rospotrebnadzor , if the neighbors refuse to maintain cleanliness. Calls and written statements are effective.
- to the FMS is enough.
- By calling the tax office .
copies of all written complaints . If there is no response from one addressee, complain to the authority above him, attaching a copy of the first complaint.
Alas, some representatives of the law enforcement system can only be made to work with such “pieces of paper”. Let them look like slander , but since you took such a step, it means that fate has pressed you to the wall.
You can learn about the rights and obligations of an apartment landlord, as well as how to officially and legally rent out housing on our website.
Drawing up an application
How to write a complaint against tenants?
When contacting the district police officer, write a complaint in free form, indicating in the upper right corner of the sheet, or a notebook, the addressee’s details.
You don't have to disclose your coordinates. The appeal can be written by hand , typed using a computer/typewriter and printed, contact a lawyer.
When going to court , in addition to a personal statement with a complaint, it is rational to attach:
- copies of reports drawn up by police patrols who responded to calls (if residents complained about noise);
- a copy of the report drawn up by SES employees.
You can learn about the rights and responsibilities of the parties when renting living space without drawing up an agreement from our article.
How to get rid of hated tenants? With some migrants, they are, of course, a minority, even saying hello is harmful to health .
- Call the FMS office.
- Application sent via electronic message on the official website of the FMS (fms.gov.ru).
Find out on our website whether it is possible to rent out municipal housing, a room in a communal apartment, a share in an apartment, or living space purchased with a mortgage, without fines or problems with the law.
Daily rental facts
The fact of daily housing rental determined based on the following criteria:
- the tenants are constantly new;
- The voices coming from behind the wall are constantly different.
Where to go if the neighboring living space is being rented out illegally ?
Illegal conversion of private premises into a hotel is punishable behaviour.
Prosecution by law is based on the fact of violation of the norms established by the SES, issued by the Federal Antimonopoly Service of the North-West District on March 16, 2004 N A05–9138/03–28. To notify the violation, they report to the sanitation department and the prosecutor's office.
Denunciation to the tax office
How to file an application with the tax office? The document is drawn up by hand, without adhering to the general rules when preparing official papers :
- in the right corner indicate the name of the addressee, location coordinates;
- in the body of the complaint they mention the address of the property, full name of the legal owner, information about the place of work (if possible);
- state the essence of the complaint,
- put date and signature.
The personal contact information of the complainant is optional. In an appeal to the tax authorities , the document indicates suspicion of the possibility of using the premises for commercial purposes and the possible concealment of income from this activity.
Eliminating noise
Occasionally, tenants who have moved in harass the legal residents of neighboring apartments with noisy behavior : repair work after hours, drunken brawls, excessively loud listening to musical compositions during the period of silence.
You can complain about noisy tenants to the district police officer , he is obliged to calm them down. You can contact him:
- personally, visiting him at home, meeting him at the entrance, on the street;
- by phone;
- using the Internet (if you know your social network account or email address).
You have the right to complain to the police department , indicating in the statement that strange sounds are heard from the apartment, and the residents are suspicious individuals who systematically bring strange objects into the house.
If you have multiple complaints to the district police officer that do not lead to sanctions, complain to the prosecutor’s office about the negligence of the government representative.
How to evict tenants? If the tenants are illegal immigrants, then eviction will follow upon the first arrival of FMS representatives . Violent tenants who are citizens of the Russian Federation will be subject to eviction only if they receive permission from the court . But punitive authorities rarely resort to such measures.
To increase the chance of eviction, you should not only write a complaint, but also attach to it a package of papers obtained as a result of the actions described below. To draw up a package of documents that can sway the court on the side of the plaintiff , it is necessary:
- repeatedly call the patrol to calm unruly neighbors (be sure to demand the opportunity to make a copy of the report on the application);
- contact the SES (if there are grounds), demand a copy of the commission’s conclusion;
- collectively , and not just by the residents of one landing, draw up a statement of claim listing the offenses of unwanted residents (the collective nature of drawing up the document is confirmed by the personal signatures of the drafters and indicating their contact information);
in the event of systematic flooding, fires due to the fault of illegal residents and other actions that led to damage to common property, you should take a copy of a document confirming the fact of damage and its volume from the HOA or the management company involved in eliminating the consequences; Firefighters should also be contacted to request the appropriate document.
Ban on surrender
Is it possible to ban housing rentals? Alas, the ban on renting out apartments is an ephemeral dream. Privatized, purchased residential premises are the property of the owner . He is free to dispose of it according to his own goals and intentions.
Civil Code of the Russian Federation Article 209. Contents of property rights
- The owner has the rights to own, use and dispose of his property.
- The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in any other way.
- Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
- The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.
Provided that the exploitation of the property does not conflict with the interests of neighbors who own other apartments in the same building.
That is, the apartment must be kept in proper sanitary condition, nothing should be a prerequisite for a threat to the health/property of other residents in the staircase/entrance/house (Articles 209 and 293 of the Civil Code of the Russian Federation).
The proposal of one of the Duma deputies to introduce an obligation for owners of living space to ask neighbors for permission to rent out unoccupied apartments did not meet with support.
Because it violates a number of laws that protect the rights of real estate owners .
Punishment of landlords
What punishment is provided for the confirmed fact of illegal rental of residential premises? The culprit is obliged to:
- transfer the tax due to the state (for the entire period of housing delivery),
- transfer the amount of the fine to the state (20% of the tax debt).
- Exceeding the debt figure of 300,000 rubles entails a fine in the amount of a third, half of the announced amount or the same amount.
If income is revealed to be greater than 1.5 million rubles and there are no tax payments , imprisonment is possible (up to three years).- Renting out housing without appropriate payments to the tax office is not good.
- But it is difficult to establish the fact of a violation of the law in this case: the owner of the property and the temporary resident can say that the occupation of the property is carried out free of charge .
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How to legally evict neighbors who do not allow you to live in peace?
Have you ever wondered how to evict your neighbors? If not, then you are lucky and live next door to decent people. However, not everyone has such a rosy picture.
It may happen that people living next door interfere with your rest, throw noisy parties, or simply use your property for other purposes. Some people prefer to hush up the situation and not get involved with rowdies and brawlers.
When the cup of patience runs out, a problem arises: how to evict neighbors or tenants who are interfering with a calm and measured life. In this article we will consider all options for legal resolution of a conflict situation.
Grounds for eviction
According to the legislation of the Russian Federation, every person is obliged to respect the interests of people living in their neighborhood. But not everyone follows this rule. Some residents act as if they live alone in an apartment building. But such people do not think that their behavior violates the rights of their neighbors, and accordingly, there is a reason for eviction.
It is worth noting that the grounds for eviction of noisy neighbors are strictly regulated by legal norms . These include:
- irresponsible handling of real estate;
- misuse of square meters;
- failure to respect the rights and interests of people living in the neighborhood.
If we look at the problem deeper, we can identify the following violations:
- failure to maintain silence in the apartment;
- disregard for sanitary and hygienic standards and fire safety measures;
- illegal redevelopment that threatens the integrity of the structure.
When considering the problem of how to evict neighbors, it is necessary to clarify that even non-compliance with the above standards does not provide a 100% guarantee of getting rid of rowdies. Neighbors who interfere with your life can be evicted only if systematic violations are identified. Now let's look at the situation using specific examples.
Neighbors are homeowners
In this case, you will have to be patient; it will take time to evict noisy neighbors. So try to come to an amicable agreement. If it doesn’t work out, then involve other residents and start collecting evidence. Here's what you'll need to file a lawsuit:
- Witness's testimonies. If you act as a plaintiff, you will convince other residents to testify in court. Let them talk about all the illegal actions committed by the neighbor.
- Protocols drawn up by police officers. As soon as a neighbor throws a party or starts drilling into the walls at 3 a.m., call the patrol service or the local police officer. A protocol will be drawn up upon the fact of the call, and a fine may be issued. The fine can vary from 100 to several thousand rubles. But the point is not the fine, your goal is to get a copy of the written protocol. The more such copies you collect, the stronger the evidence base will be.
- Acts on violation of sanitary and hygienic standards. These papers are issued by the Sanitary and Epidemiological Service and you will need copies of them. You can call the SES when a tenant who disturbs everyone, creates a dump in the apartment or breeds a large number of pets.
- Documents confirming debt on utility bills. If one of the tenants does not pay the bills, this is grounds for eviction. In addition, the resulting debt in municipal apartments is usually distributed to other residents of the building.
- Illegal redevelopment. If a neighbor demolishes load-bearing walls in order to improve living conditions, then such a “builder” must be evicted. Carrying out such work poses a threat to the integrity of the house and can provoke its collapse. How to evict neighbors who are illegally rebuilding their apartment? It is necessary to submit documents confirming the fact of work. To do this, you will need to organize a BTI check in the problem apartment.
It is worth noting that you cannot simply evict the owner of an apartment, even by a court decision. The problem neighbor must have another living space to which he can move.
This does not apply to responsible tenants living in non-privatized apartments. They can be evicted literally onto the street and will not even receive compensation for lost housing.
Neighbors are tenants
How to evict noisy neighbors who are not owners, but simply rent an apartment? Here the situation is much simpler. Usually a heart-to-heart conversation with the property owner is enough, he will take measures to pacify or evict the violent tenants.
If the owner is not ready for a peace treaty, he will have to act through the executive authorities. It is necessary to call the police for every violation in a neighboring apartment . We are collecting copies of the protocols again. When more than three copies accumulate, you need to ask the local inspector to take action. This helps 90 times out of 100.
Ask why noisy neighbors rent an apartment. If on the basis of an agreement, then the rules of conduct for tenants must be spelled out there. In this case, the property owner will be responsible for their actions.
If there is no agreement, you can threaten the apartment owner with contacting the tax office. This is considered illegal business activity and is punishable by a large fine. In any case, the owner of the living space will deal with the problem tenants himself; such situations usually do not reach the court.
Important! If tenants live in an apartment without a lease agreement, you will have to prove that they are residents and not guests. In this case, testimony from other residents of the entrance will be required.
Drinking neighbor
You can evict an alcoholic neighbor, just like any other apartment owner. Such people usually do not pay utility bills, engage in drunken brawls and do not maintain their living space in good condition. As you remember, these factors are grounds for eviction.
We collect evidence and file a claim in court. In addition, to be on the safe side, it is recommended to apply to all authorities to evict the alcoholic.
Call the SES, contact the management company and write a collective complaint to the police. If an alcoholic lives in a municipal apartment, then in the near future you will be able to get rid of him.
With an apartment owner who drinks, everything is much more complicated. If he has nowhere to go, then even the court will not be able to discharge him. The only consolation can be that the neighbor will be frightened by the fuss that has formed around him and the constant visits of various government officials. He, of course, will not stop drinking, but he is guaranteed to become quieter.
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How to evict noisy neighbors, legal advice
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It is possible to evict noisy neighbors. If they are constantly making noise, this causes significant discomfort for the surrounding residents. It doesn’t matter whether the noise is during the day or at night, it is unpleasant in any case.
No person likes to constantly hear sounds and noises that were not planned to be listened to.
However, many of the citizens are unlucky and are forced to endure noisy tenants who disturb the peace at any time of the day.
How to deal with noisy neighbors?
The legislation of the Russian Federation provides for methods of influencing and combating residents who violate the rights of other citizens. Therefore, you should not put up with your neighbor’s boorish behavior. Everyone can protect their personal rights.
What laws govern eviction of neighbors?
The basis for the fight against violation of the rights of third parties is the Housing Code of the Russian Federation. The Code contains articles and grounds for eviction, including violation of the rights of neighbors, from which the right to evict noisy neighbors follows.
Factors for violating the rules of residence in apartment buildings are reflected in Article 293 of the Civil Code. It is also worth taking into account the so-called Law of Silence. It is implemented at the regional level.
Violation of tenants' rights
Anyone can face the problem of living next to noisy citizens. You can live peacefully for many years in your quiet and beloved apartment, until one day one of the tenants changes and new, insufficiently disciplined citizens move into this apartment.
It’s even more offensive to buy such an apartment. When choosing a new long-awaited home, the likelihood of catching such neighbors and enjoying their antics is zero, since the owners, knowing the residents’ routine, invite buyers to view the home during quiet hours so as not to frighten off potential buyers.
Eviction from an apartment for debts (non-payment)
Eviction by writ of execution
What to do if the neighbors are noisy?
So, what happened happened - the neighbors were making noise. And in order to live peacefully further, you need to do something. Methods of struggle and the ability to evict noisy neighbors directly depend on the rights that these persons have to the occupied housing.
According to Russian law, any neighbors can be evicted; in practice, the situation is a little more complicated.
Neighbors can live on the following grounds:
| Be the owner of the occupied property. | This category will be the most difficult to combat. |
| Rent housing. | Impact on tenants is carried out directly through the owner of the apartment. |
| Live on the basis of a municipal or official tenancy agreement. | This category of residents is susceptible to influence, since the basis for living is not stable. |
What should you observe?
The principles of living in apartment buildings are based on mutual respect and observance of the rights of surrounding citizens. This principle forms the basis of the articles on eviction in the Housing Code.
That is, every citizen, when performing any action, must be convinced that by this action/inaction he will not violate the rights of people living nearby.
Unfortunately, the wording of the code is rather vague and does not contain a list of violations that are taken into account by the court when making a decision.
In addition to the Housing Code, the local (regional) law on silence applies. It clearly regulates the periods of the day during which increased noise may occur.
There is some variation in the law between regions, so it is important to base it on the law in your region of residence.
Order of influence
Dealing with noisy neighbors is required by law in accordance with the following procedure:
| An attempt to peacefully resolve the conflict. | It is quite possible that citizens are making noise unconsciously. They do not hear noise from your apartment and, accordingly, believe that the sound insulation in the apartment is at a high level. You need to try to talk and explain how much noise is audible in the apartment and how disturbing it is. If the neighbor turns out to be an adequate person, then the problem will be solved. |
| Involvement of the police. | If it was not possible to peacefully resolve the problem with noisy neighbors, you need to turn to the help of the district police officer. You can write a statement to the district police officer about the systematic violation of the rights of third parties, or call him directly if there is increased noise in the apartment at a time when silence should be maintained. |
| Collection of evidence. | If the visits of the district police officer do not have the desired impact on the neighbors, the only option is to go to court. To accept a claim for consideration and defend your interests in court, you will need a solid evidence base, the collection of which must be started immediately before filing a statement of claim. |
| Going to court. | The final stage of the fight against neighbors is filing a lawsuit to evict noisy guests. The likelihood of a claim being satisfied under this requirement is low, however, administrative measures may be taken against the violator, which will have a positive impact on his behavior in the future. |
Can they be evicted if the apartment is not privatized?
Participation of the prosecutor in eviction cases
Application to the district police officer
The silence law regulates the behavior of neighbors at night. However, regular noise during the day can also disturb the people around you and impair their quality of life. If your neighbors are noisy during the day, what should you do?
To solve this problem, you need to contact your local police officer. It will be better if the appeal is collective from several residents. When contacting the district police officer, you must have a passport and a document confirming the right to live in the occupied apartment and file a claim with your neighbor.
After the district police officer accepts the application, he will have to work with the noisy tenant and inform the applicant about the results.
If your neighbors are making noise at night, you can immediately call the police by phone, and then additionally submit a statement to the district police officer that violations of this nature on the part of the residents are systematic.
How to prove that neighbors are noisy?
An examination will allow you to evict noisy neighbors or at least influence them properly. The opinion of an independent expert will be accepted in court as evidence and will confirm the validity of the claim.
In order to obtain an expert’s opinion, it is necessary to select an organization (specialist) in advance. As soon as your neighbor starts making noise, you need to call an expert. He will carry out all the necessary noise measurements and issue a conclusion.
Initially, the examination is paid for with personal funds, but during the trial, expenses of this nature are reimbursed from the defendant.
In addition to the expert's opinion, the following is attached to the evidence:
- a copy of the application to the district police officer with a note of acceptance;
- copies of protocols;
- testimony from neighbors and other residents.
The district police officer and witnesses may also be brought to the court hearing as witnesses.
Eviction from municipal (service) housing
There is another additional way to deal with noisy neighbors if they live under a social or service tenancy agreement.
Service hiring
If a tenant occupies housing under a service rental agreement, it is necessary to contact directly the organization that provided him with this premises. The appeal can be either individual or collective, or with the help of a local police officer.
Municipal hiring
If noisy neighbors live in an apartment on the basis of a social tenancy agreement, they have every chance of vacating it if the rights of other residents are violated. To influence them, it is necessary to write a complaint against them to the institution that provided them with this housing.
What is the probability of evicting noisy neighbors?
Despite the possibility of eviction from an apartment, including an apartment owned by right of ownership, judges rarely make such decisions.
The policy of our country is aimed at maintaining an adequate level of living conditions for citizens, therefore, before leaving a person without a roof over their head, all possible measures will be taken to resolve this issue peacefully.
But in any case, all of the listed methods of dealing with neighbors can bring positive results. It all depends on the degree of adequacy of the person and the seriousness of the mood of the other residents who suffer from his actions.
For some residents, a comment made by another citizen will be quite enough, but for others it will become clear only when the court obliges them to pay moral damages and expenses that arose as a result of the need to bring it to trial.
Therefore, even if the chances of evicting a neighbor are negligible, this does not mean that you should not give up the fight against him. It is necessary to determine in advance a plan for your actions and achieve your goals. Seeing the seriousness of the disgruntled neighbors' intentions, the noisy tenant will retreat and change his behavior.
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Statement Municipality Neighbors
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The procedure for eviction from an apartment by court decision - grounds and drawing up a statement of claim
The Constitution of the Russian Federation declares the inviolability of housing, meaning that citizens cannot be deprived of the living space due to them without good reason.
Eviction from an apartment is a complex procedure that occurs as a result of legal proceedings. It is possible if the judicial authority has recognized the existence of legal grounds.
For example, long-term non-payment of utility bills, divorce and division of property, constant disregard for the legitimate interests of neighbors, etc.
Reasons for eviction
The reasons why a citizen can be evicted from his square meters are set out in the Housing Code of the Russian Federation. They are mentioned in the following articles:
- 90 – non-payment of utilities for six months or more. In return, citizens are provided with housing under a social rental agreement.
- 85 – indicates that eviction from an apartment is possible on the following grounds:
- the house is slated for demolition;
- the premises are planned to be made non-residential;
- the conditions in the apartment (house) do not comply with the provisions of SanPinov;
- premises were transferred to religious structures;
- The house is undergoing a major renovation, after which the area of the apartment will increase or decrease.
Grounds for eviction from the owner’s apartment listed in Art. 85 of the Housing Code of the Russian Federation, suggest that in return the citizen must be provided with another area for living that meets the requirements of SanPinov.
Other reasons for eviction include:
- termination of the lease agreement for a service apartment;
- violation of the rules of residence in it;
- divorce, when the apartment remains to the wife, and the husband illegally resides in it;
- violation of the rules for using the apartment: constant noise at night, refusal to carry out necessary repairs, use of housing for other purposes;
- exclusion from a housing cooperative, failure to pay a share contribution, etc.
Types of eviction
There are two types of eviction from an apartment:
Voluntary
This is the eviction of a citizen at his own request. He writes an application at the MFC branch, it is considered within three days. When the decision is made, a note about deregistration is made in the person’s passport.
According to the current rules, it is impossible to evict from an apartment persons receiving alimony payments and citizens who have equal rights to it in relation to those who want to deprive them of their living space.
Forced
Carried out by court decision or by order of the prosecutor (issued, for example, in cases where there is a high risk of a building collapse, if the current residents occupied the apartment illegally).
How to evict neighbors who are constantly making noise and violating the rules for using the apartment? It is necessary to go to court with a claim and evidence confirming systematic non-compliance with the provisions of the Housing Code of the Russian Federation.
When the court order is ready, the passport office makes a note in the document of the evicted person about deregistration. If a citizen refuses to leave the living space voluntarily, bailiffs will intervene.
How to evict tenants?
If tenants do not pay, violate the rights to use the living space and refuse to move out voluntarily, the owner must file a lawsuit to evict the apartment. Tenants must first be notified of their intention to contact the justice authority. It is best to send the warning letter by mail with return receipt requested.
The claim consists of three parts:
Includes the name of the receiving court, passport details and residential addresses of the plaintiff and defendant.
Contains a description of the situation: under what circumstances the citizens were moved into the apartment, why they want to evict them (the contract has expired, the monthly payment is not received, etc.). It is indicated that the residents were warned in writing about the need to leave.
The plaintiff’s specific demand is stated - to evict the tenants from the apartment, and references are given to the provisions of the law. The statement of claim is certified by the plaintiff’s handwritten signature and the current date is indicated.
Download document (Iskovoe_zayavlenie_o_vyselenii_kvartirantov.doc, 37KB)
The claim must be accompanied by a lease agreement, a copy of the applicant’s passport, documents on ownership of the residential premises, and a copy of the notification letter about the need to vacate the living space, previously sent to the tenants.
How to evict tenants without an agreement? If there was no agreement with the tenants, the property owner has nothing to cancel. There is no legal proceedings; the owner can refer to violation of oral agreements.
The eviction process begins with a written complaint to the tenants or a verbal complaint. If they are not ready to leave the living space voluntarily, you can contact the police for help. To do this, the police need to show the title documents for the property.
How to get rid of noisy neighbors?
Residents of apartment buildings often wonder how to evict neighbors who are too noisy. These are homeowners or tenants who do not think about the well-being of the residents nearby and listen to loud music all day long, start scandals and fights, and disturb public peace in other ways.
To bring rowdies to justice, you can use the following algorithm:
- Verbally express your complaints. Perhaps the neighbors' dissatisfaction will make residents think about their behavior.
- Call the police if, despite verbal complaints, neighbors continue to make noise. The police officer will draw up a report and collect an administrative fine from the violators.
- If intervention does not help, file a lawsuit. It is better to seek help from a lawyer: he will tell you how to evict noisy neighbors according to the law. The application must be accompanied by evidence of the unlawful behavior of the violators, for example, video materials, witness statements, medical certificates about the deterioration of your health due to constant noise, etc.
To make the claim more effective, it can be made collective, i.e. compiled on behalf of several dissatisfied residents of the entrance.
Download the document (iskovoe-zayavlenie-o-vyselenii-sobstvennika-za-narushenie-prav-sosedej.doc, 32KB)
Practice shows that the procedure for eviction from an apartment by court decision usually turns out to be long and complicated.
Before filing a claim, you need to carefully collect evidence and weigh the pros and cons.
In the best case scenario for violators, the court will impose an administrative penalty on them; in the worst case, they will be forced to vacate their premises. It should be noted that such a harsh decision is made infrequently.
How to evict neighbor tenants?
In practice, it often happens that an apartment in a building is rented by a family of tenants who systematically violate public order. You can get rid of unpleasant neighbors for the following reasons:
- their alcoholism or drug addiction - it is advisable for the local police officer to document this fact;
- repeated violation of silence at night - confirmed by protocols drawn up by the police;
- damage to public property, other hooligan acts.
The easiest way to evict noisy neighbors who are renting an apartment is to contact the property owner. Their illegal behavior should alert the property owner, and he will independently force them to voluntarily or forcibly leave the premises.
If the owner’s contacts are unknown or he “does not hear” the neighbors’ requests, you can file a statement of claim in court (sample above).
Neighboring tenants have the right to draw up a collective statement, which will include evidence of the tenants’ unlawful behavior. Practice demonstrates that such cases are resolved faster than claims against owners.
There is a high probability that soon the evicted tenant will stop poisoning the lives of all the apartment owners of the entrance.
How to evict your neighbors' tenants
It is quite possible to evict tenants who rent housing from neighbors and do not allow you to live normally. The main thing is not to break the law.
Trying to deal with your neighbors “like a man” can lead to extremely unpleasant consequences, including criminal prosecution. You need to act within the law.
And it is better to immediately involve a lawyer in the case who will help solve the problem as soon as possible.
Grounds for eviction of tenants
The main part of the legislative requirements regarding the use of residential premises is contained in the Housing Code of the Russian Federation.
This document contains all the rules for neighbors living in apartment buildings and limits the rights of residents, regardless of whether they are owners or tenants, to the extent where their rights intersect with the rights of neighbors. Art.
17 of the RF Housing Code clearly establishes the boundaries of acceptable behavior of neighbors. This article found that:
- Residential premises must be used for human habitation.
- It is possible to carry out professional and entrepreneurial activities in the apartment only within the framework in which it does not interfere with the neighbors.
- Industrial production and missionary activities cannot be carried out in apartments.
- Residents are required to comply with all legal requirements and not violate the legitimate rights and interests of neighbors.
If your neighboring tenants violate your legal rights to peace and rest in your own apartment, they can be evicted by a court decision.
It is rare to resort to extreme measures. Usually it is enough to report your complaints to the owner of the apartment. You should not personally sort things out with your tenants. Such an attempt can lead to conflict and sometimes violence.
The owner of the apartment will definitely take into account the wishes of his neighbors - he does not need scandals. Apartment landlords often do not record the fact of renting out housing and evade paying taxes.
Such homeowners do not need to draw attention to the fact of renting.
They would prefer to evict a tenant who violates the order and move in a quiet tenant, than to make trouble with neighbors and wait for an inspection by government agencies.
However, homeowners are also different. Some are only interested in the tenants' money, and not in good relations with neighbors. In addition, none of the neighbors may have contact information for the owner of the apartment, and it will simply be impossible to complain to him. Then neighbors will have to unite in defending their interests or act independently.
The main thing in evicting neighbors' tenants is the result. You can quickly evict tenants only by strictly observing the law. Therefore, it is recommended to hire a lawyer and act on his instructions.
How to get your neighbors' tenants evicted
If a regular conversation with the owner of the apartment does not bring results, you will have to evict the tenants through the court. In this case, the first thing you need to worry about is collecting evidence of systematic violation of the rights of neighbors by tenants. Methods may vary:
- collecting signatures from residents confirming violation of the rules of residence;
- inviting employees of the sanitary-epidemiological station and employees of Rospotrebnadzor to record violations;
- filing complaints with the district police officer;
- calling the police for violation of silence.
The main thing is that as a result of your actions, there are documents confirming the fact of violation of your rights and the rights of other neighbors.
Filing a claim to evict neighbors' tenants in court
The statement of claim is drawn up in free form, but it is better to entrust its drafting to a qualified lawyer. This way you won’t have to worry that the claim will not be accepted for formal reasons. The statement of claim must contain:
- A hat. In the upper right part of the sheet, indicate the details of the court where you are applying, the full name of the plaintiff or plaintiffs and the full name of the defendant. The defendant in the claim is not the tenants, but the owner of the apartment.
- The main part. This part of the statement of claim indicates the essence of the conflict situation. You need to write when and at what address the owner of the apartment rented out the property and how the tenants are bothering you. In the same part, demands are formulated, for example: I ask you to evict the tenants. Below is a list of documents attached to the statement of claim.
- The statement of claim must contain the signature of the applicant and the date of creation of the document at the bottom.
Documents confirming the fact of violation of the rights of neighbors by the tenants should be attached to the claim.
Without evidence that the rights of your neighbors have been violated, the court will refuse to fulfill your demands. You should not expect the judge to move into your apartment and wait for the neighbors to make noise. When making decisions, the court relies on formal evidence.
How much will it cost to evict neighbors' tenants?
If the case goes to court, you will have to pay a state fee for filing a claim. Currently, the cost of such treatment is 300 rubles. The demands of the claim may include reimbursement of legal costs by the defendant.
How long will it take to evict neighbors' tenants?
If it comes to eviction of neighboring tenants through the court, court hearings will take 2-3 months. Further, if the neighbor does not evict the tenants himself, you will have to turn to bailiffs for help. However, usually the apartment owner does not bring it to this point; the fine for refusing to voluntarily comply with a court decision ranges from 1 to 2.5 thousand rubles.
If your neighbors' tenants are preventing you from living and relaxing normally in your own apartment, it is possible to get them evicted. To increase your chances of success, consult with an attorney.
- Sources:
- Residents' responsibilities to neighbors.
- Amount of state duty.
- Fine for failure to comply with a court decision to evict tenants.
How can you evict neighbors of tenants, and what grounds are required for this?
Our country has adopted such a procedure as renting out housing without drawing up an appropriate agreement and bypassing taxes that must be paid from the rental of an apartment by the owner (tenant).
But often a number of unpleasant moments are added to this problem, for example, violation by tenants of the rules of living in an apartment building (MAD).
Sometimes violations become systematic, and here the question arises: is it possible to evict illegal tenants from a rented apartment, how to do this, where to go and how to write a complaint? We will consider all these questions in detail in this article.
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Grounds for eviction
Lack of a lease agreement (the owner does not pay taxes)
According to the law, a rental agreement must be concluded between the landlord and the tenant of the apartment - this is provided for in Chapter 35 of the Civil Code of the Russian Federation, which regulates the relationship between the tenant and the renter of housing.
Accordingly, if such an agreement is not concluded, and the landlord receives money from renting out housing, then he is breaking the law and may be held administratively liable. In addition, according to the Tax Code of the Russian Federation, income from housing rentals is subject to personal income tax at the rate of 13%.
The tenant violates the rules of residence in the apartment building
The rules of living in an apartment building are regulated by the Housing and Civil Codes of the Russian Federation, the Constitution of the Russian Federation, as well as local regulations of municipalities. Violation of the rules may result in the forced eviction of tenants from a neighboring apartment. Common reasons for eviction are:
- violation of sanitary and hygienic standards;
- use of living space for other purposes;
- antisocial behavior of tenants;
- alcoholism and hooliganism;
- violation of peace and quiet (noise standards established by the legislation of the Russian Federation).
Note! These factors can become grounds for eviction only if the violations are systematic.
How to get rid of tenants who disturb the peace?
Before taking drastic measures, it is necessary to talk with noisy tenants in a rented apartment, this often gives results, and they stop disturbing the peace. If persuasion does not work, then the next step is to contact the property owner. It is in his interests that residents behave appropriately, without violating the rules of the apartment building, since no one wants to get into trouble with the law.
Contacting the local police officer is another effective method. For violating public peace, a fine of 100 to 1000 rubles is imposed. If the first time a violator pays a minimum fine, then the next time the violator pays a minimum fine, the amount will increase significantly. The police officer must also conduct a conversation with the renter regarding violations of noise regulations.
If the owner of the property does not respond to the comments of the district police officer and neighbors, then the latter have the right to file a claim in court against the landlord for his irresponsible attitude.
In the vast majority of cases, apartment owners get rid of such tenants, especially if an agreement has not been concluded. If a rental agreement has been drawn up, then it can be terminated in court (unilaterally) regardless of the time of year.
The key nuance here will be the procedure for delivering warning letters to the employer regarding termination of the contract, in compliance with the established deadlines.
Note! If illegal migrants live in a neighboring apartment, then there will be no problems with the process of eviction.
It is necessary to report this to the Federal Migration Service of the Russian Federation at your place of residence, which promptly responds to such requests. This can be done either in person, by going to the FMS office, or by calling.
How to file a tax application for people renting out housing without a contract?
Only the district police officer can establish this fact of illegal residence, so you must first contact him. After establishing the fact of illegal residence, you can safely write an application to the Federal Tax Service at your place of residence.
Note! The Federal Tax Service of the Russian Federation does not pay attention to the renting of an apartment without a contract; what is important to it is the fact that personal income tax is hidden, which must be paid from the renting of housing.
An application for illegal housing rental to the Federal Tax Service is written in free form, but must include the following information:
- full name of the authority to which the application is submitted;
- personal data of the applicant (full name, residential address, contact telephone number);
- address of the apartment that is being rented illegally;
- the text of the statement, which reveals the full essence of your claim, and also indicates evidence of illegal rental of the premises;
- a request for action by the authorized body against the violator;
- signature (with transcript) and date of compilation.
After considering the submitted application, tax officials have the right to call the owner of the apartment (in accordance with paragraph 1 of Article 31 of the Tax Code of the Russian Federation) as an unscrupulous taxpayer. A conversation will be held with the owner on the subject of tax evasion, and options for going to court will also be considered (if the Federal Tax Service has significant evidence of non-payment of taxes by the owner).
Tenants often behave inappropriately, thereby violating the rules of living in an apartment building. You can and should fight this, the main thing is to be able to defend your legal rights. For violation of the rules of residence in an apartment building, not only the tenants of the living space, but also the landlord can be held liable.
In the vast majority of cases, the owner who rents out housing does not sign an agreement with the tenant, thereby evading taxes. You can stop such illegal actions by filing a complaint with the Federal Tax Service of the Russian Federation against the property owner.
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To solve your problem RIGHT NOW, get a free LEGAL consultation: +7 (499) 504-88-91 Moscow +7 (812) 385-57-31 St. Petersburg
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