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

How to deal with neighbors who are alcoholics legally?

Drinkers are quite common among residents of apartment buildings.

They cause a lot of inconvenience to neighbors that they have to endure. And most citizens do just that, believing that it is useless to fight alcoholic neighbors.

Meanwhile, in such situations, the law still stands on the side of respectable residents. The Housing Code of the Russian Federation (Article 17, i), the Civil Code (Article 293) and the Code of Administrative Offenses of the Russian Federation (Article 7.21) provide for protection measures against noisy and otherwise inconvenient neighbors.

A neighbor who is an alcoholic, on the basis of these laws, can be punished with an administrative warning, a fine, eviction, and even deprivation of living space . Eviction is a last resort, and the procedure depends on the basis on which the rowdy lives in the given living space. Read here what legal methods exist to deal with troublemakers.

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First steps towards eviction

How to get rid of a drunk neighbor?

It is unlikely that it will be possible to resolve the issue peacefully, since conversations and appeals to the conscience of a person with inappropriate behavior are practically useless. Simply presenting a claim will most likely cause aggression on the part of the drinking citizen. Therefore, you can only talk to him when he is sober.

IMPORTANT! Under no circumstances should you use physical force on an alcoholic. Your actions will be regarded as hooliganism, and this is already a violation of the law on your part.

Every violation by a noisy neighbor should be stopped with the help of the police . You can call squads or ask the local police officer for help. By the way, your joint actions to solve the problem with other residents of the house .

Collective complaints will have a greater effect, and the district police officer will be forced to actively respond to them. Read about how to correctly write a statement to a local police officer here.

all your appeals in writing, keep copies or separate copies of complaints to the police. This will be your first step towards completely getting rid of your unwanted neighbor.

Sample application to a district police officer against a neighbor who is an alcoholic (a rowdy, about the neighbors' drunkenness)

Of course, you can’t count on a quick solution to the problem. Therefore, be patient and do not deviate from your intended goal.

What to do with an alcoholic in a communal apartment.

First of all, did they say? Not done yet. Secondly, this is a minor injury to health, however, to recognize the infliction of injury to the lungs, it must be established that the injuries were not life-threatening at the time of their infliction and did not entail long-term health problems or significant loss of ability to work. If they threaten you with liability for hooliganism, keep in mind that intentionally causing minor harm to health is distinguished from hooliganism. At the same time, the law proceeds from the fact that causing bodily harm, if these actions did not entail a gross violation of public order and did not express obvious disrespect for society, cannot be classified as hooliganism. Russian law provides for a number of sanctions for the use of various forms of violence (physical, sexual or psychological). However, in order for the relevant legal norms to be applied to the offender, it is necessary to have documents or other evidence confirming the use of violence. Such documents (evidence) may be medical documents, testimonies of neighbors, other persons, letters, etc.

THE CRIMINAL CODE OF THE RF DETERMINES THE FOLLOWING TYPES OF PHYSICAL AND PSYCHOLOGICAL VIOLENCE.

Battering (multiple blows; some types of blows may leave no marks).

Article 116 of the Criminal Code of the Russian Federation. Beatings.

Battering or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, is punishable by a fine in the amount of up to one hundred times the minimum wage or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a period of one hundred twenty to one hundred and eighty hours, or by correctional labor for a term of up to six months, or by arrest for a term of up to three months.

Art. 115 of the Criminal Code of the Russian Federation. Intentional infliction of minor bodily harm.

Intentional infliction of minor harm to health, causing short-term health disorder or minor permanent loss of general ability to work, is punishable by a fine in the amount of fifty to one hundred times the minimum wage, or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a period of from one hundred eighty to two hundred and forty hours, or correctional labor for a term of up to one year, or arrest for a term of two to four months.

If the police don't help

Often in such situations, police officers are reluctant to respond to citizens' requests.

There are even cases of ignoring squad calls at night. In such a situation, you should complain to representatives of the Ministry of Internal Affairs.

Complaints about negligence in official duties should be filed with the prosecutor's office.

To avoid police response to you, make all statements in duplicate.

Compose the header of the application, addressing two addressees at once: police officers and prosecutors .

How to get rid of neighbors who set up a den for alcoholics

Local drunks have adapted social housing to suit their preferences, and this despite the fact that in the capital more than 1.5 thousand families pay for social housing. And while large families and people with disabilities are languishing in anticipation of the coveted meters, apartment number 57 has turned into a brothel.

We recommend reading: Agreement on the transfer of rights and obligations under a land lease agreement

Repeatedly, based on complaints from neighbors, police officers were called there, explanatory and preventive work was carried out, materials were collected regarding the citizen regarding her violation of the rules for the use of residential premises, and in order to bring her to justice, these materials were sent to the housing department.

Procedure depending on housing status

How to deal with drunk and noisy neighbors?

There are factors that influence the specific procedure for eviction of an alcoholic from a residential premises. How to evict an alcoholic:

From council housing
The owner of municipal housing is the administration of the city or rural locality. Resident of such an apartment obliged to comply with the terms of the social tenancy agreement, on the basis of which he occupies a similar living space.
An alcoholic can be evicted from an apartment owned by the authorities on the following grounds:
- failure to pay utility bills for six months;
residence in an apartment of strangers without registration.

main allies in the process of eviction from public housing will be your local authorities . Send complaints to Rospotrebnadzor (SES).

An alcoholic neighbor living under a social contract. rental, is evicted by the administration without providing alternative premises. Your main goal is to collect evidence, that is, document your complaints to various authorities and record the response actions of authorized employees.

REFERENCE. Eviction from municipal housing is regulated by Article 91 of the Housing Code.

It is much more difficult to evict an alcoholic from his own home, even if he maliciously violates the norms of cohabitation. Find out how to forcibly evict the owner from an apartment.
It is more advisable to act in these circumstances with the involvement of a competent lawyer, otherwise all attempts will be in vain.
As in other cases, you need to complain to the Ministry of Internal Affairs for every violation of order . Contact the SES with a complaint about the poor condition of the apartment.
But the only effective way will be a collective appeal to the court . Only this measure will give a chance to move the drunkard away from you.
IMPORTANT! Unlike eviction from public housing, expulsion from your own living space is impossible. The regulations for actions in this situation are contained in Article 293 of the Civil Code of the Russian Federation.
In these circumstances, an appeal from the management bodies of an apartment building: HOA, management company or local government can be really effective. If there is well-reasoned evidence, the court will most likely rule in favor of those filing a claim .
You will have to go to court twice. First, the court may issue a warning to the alcoholic neighbor, demanding that he stop the violations and bring his own home into proper condition.
It is unlikely that a degraded person will fulfill these requirements. After the period for correcting the situation has expired, a second application will be required. After this, the alcoholic will most likely be evicted. Housing is put up for auction and the owner, having received them, can purchase another apartment.
IMPORTANT! It is worth considering that, according to the Civil Code of the Russian Federation, the court is unlikely to evict the owner from his only home, unless it is a mortgaged premises. In this case, the court may side with the bank.
From a room in a communal apartment Based on Art. 83 of the Housing Code of the Russian Federation, an alcoholic neighbor is evicted from a room in a communal apartment on the following grounds:
- non-payment for services;
inadequate sanitary condition of living quarters and common areas.

You must act in the same order: first file complaints with the police, SES, and Housing Inspectorate. Then, together with other residents of the communal apartment, file a claim in court, demanding to collect debts for housing and communal services and to bring the living space into proper condition.

When living together in a communal apartment, all these requirements must be strictly met, so eviction is quite possible.

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.

You can proceed as follows:

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;
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;
.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;
.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;
.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.

It is very difficult to evict alcoholic neighbors from property they own.

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.

This point of the law applies well to alcoholic neighbors.

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

If there are people in the neighborhood who frequently drink alcohol and who are not affected by the warnings, you must proceed as follows:

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.

You can achieve eviction faster if the complaint is collective.

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.

For this reason, it is necessary to resolve the issue of eviction of troubled tenants with the owner of the property. First, you can find out his contact information and report problem tenants.

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.

For each complaint, the apartment owner will have to write explanatory notes.

Since violations have been recorded, it will be necessary to pay administrative fines, the average amount of which is 2,000 rubles.

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.

Find out how to replace metering devices! You will learn how to obtain housing under a social tenancy agreement correctly and legally by reading our feature article. If you are interested in dorm rooms, then our material on this topic will come in handy! The link describes everything in great detail!

How to complain to Rospotrebnadzor and the Housing Inspectorate?

The purpose of complaints to regulatory organizations cannot be a demand to evict an alcoholic neighbor, since these organizations do not have such powers. You should contact them with a request to conduct an inspection and draw up inspection reports , which you can later use when filing a claim in court.

IMPORTANT! It is desirable that the complaints be signed by a large number of residents of the apartment building. It would be useful to have telephone numbers. Collective complaints, as a rule, are not ignored by the authorities.

Rospotrebnadzor (SES) should be contacted in case of improper maintenance of residential premises.
The Housing Code in Article 30 obliges residents to keep common property clean, that is, to comply with sanitary and environmental standards. If the alcoholic’s apartment is not kept clean, there is an unpleasant smell coming from it, cockroaches and rodents live in it, then Rospotrebnadzor can conduct an inspection and draw up a report . Then the neighbor will be required to correct the deficiencies.
A complaint to the Housing Inspectorate is made in case of inadequate technical condition of the premises. If pipes in a neighbor’s apartment periodically leak and the apartments on the floor below are flooded, regulatory authorities can draw up inspection reports and demand that accidents and leaks be eliminated.

Sample complaint to the Housing Inspectorate

For more information on how to submit an application to various authorities, read this material.

Grounds for eviction

Legislative acts provide a very ambiguous answer to eviction. It is quite difficult to collect evidence of disorderly behavior if the alcoholic behaves quietly, but his actions threaten the safety of residents in the neighborhood.

Documentary and unconditional grounds are:

Availability of arrears in payment of utilities and rent;
Lack of maintenance of the living space, its destruction and bringing it to a state of disrepair;
Illegal use of living space, its redevelopment, organization of unauthorized gatherings;
Systematic violation of order, interests and rights of those living in the neighborhood.

These documents can be collected by drawing up a protocol with the police, sanitary-epidemiological station, housing and communal services employees and a collective statement from neighbors.

It is impossible to evict a tenant on your own; the collected documents, led by a collective application, are submitted to local authorities and only they can file a claim in court.

Algorithm for filing complaints

The application-complaint has a standard form, like any application. The text is compiled in any form; only a few points should be taken into account:

A single complaint is filed from several affected persons at once.
After the name and position of the person in whose name the document was drawn up, list the full names of all persons dissatisfied with the actions.
To provide an answer, the address of one of the residents of the house is offered.
State, point by point, the specific situations that have developed with each of the residents.
Indicate the articles of the law that are violated by the actions of the alcoholic neighbor.
Be sure to include your requirements at the end. Indicate specifically what, in your opinion, law enforcement officers or inspectors of the organizations you are contacting should do.
At the end of the collective complaint there must be the original signatures of each applicant.

A complaint to any authority is drawn up according to this sample.

Be sure to draw up the complaint in two copies and get the signature of the receiving person on yours.

Preliminary measures

Eviction is an extreme measure used against unscrupulous neighbors. The decision to use a last resort measure can only be made by going to court, but this does not apply to the first case of rowdy behavior and violation of order.

If neighbors systematically violate order, their behavior threatens the safety, health or life of those living nearby, it is necessary to begin a number of preliminary actions that can stop drunks before going to court.

The first thing they will ask about in court is whether preventive conversations were held with the perpetrators. Such conversations should be conducted by the neighbors themselves who go to court.

Incidents of disorderly conduct must be recorded on audio and video media to provide evidence. Preventative conversations should also be recorded.

If warnings from the neighbors do not help, calls to the police for each fact of violation of order or security. The compiled protocols will also be used as evidence.

What to do if preventive conversations do not bring results:

Find out whether the alcoholic is the owner of the housing he occupies, whether he is registered or rents an apartment under a social tenancy agreement;
Does the troubled tenant have minor children?
Does the neighbor have relatives to whom the living space can be transferred if she is arrested, have they tried to fight the relative’s addiction with forced treatment;
Does the alcoholic have debts on utility bills?

After several conversations and drawing up a protocol, the violator is charged with an administrative penalty in the form of a fine. Failure to pay a fine also serves as significant evidence in court.

How to file a claim in court?

Article 17 of the RF Housing Code requires citizens living in residential premises to respect the rights and interests of their neighbors.

The behavior of alcoholics who violate order is grounds for their eviction from their living quarters . Therefore, a claim to evict a noisy neighbor is completely legal.

The main condition that the court can take into account is the systematic nature of the violations .

Only in this case can the judicial authorities decide to apply an extreme measure of influence - eviction.

Your task is to prove to the court that no other measures taken by you have had any effect , and the neighbor continues to violate the order and thereby infringes on your rights. All work done before going to court must be documented.

The package of documents when applying to court must consist of:

Complaints you file with various authorities. Each must bear the signatures of the persons who accepted the application and the date of receipt.
Inspection reports from the Housing Inspectorate and SES, copies of which must be required from the authorities conducting inspections.
Copies of resolutions of the administration and management companies.
Certificates from the Criminal Code about the presence of arrears in payment of housing and communal services.
Copies of police reports.

Only the presence of written evidence of the futility of attempts to influence can give a chance to hope for a positive court decision, so documents must be prepared with special care .

Having collected all these documents, file a class action lawsuit. In the statement, set out point by point all the episodes for which you have evidence, referring to the articles of the laws violated by your neighbor. At the end, state your demand to evict the citizen from the apartment.

Thus, it is possible to evict an alcoholic neighbor only through the court and only if the apartment is not his own only living space or he lives in a municipal or communal apartment .

In any case, this process is quite lengthy and requires a lot of effort. In addition to problems with drinking neighbors, it may happen that someone is being too noisy in your entrance. Where to complain about noisy neighbors, how to write a complaint correctly and to which authorities, read the articles on our website.

Procedure for going to court

The only legal way to get rid of an alcoholic neighbor is to go to court. After all, only this government body is vested with the authority to evict people from their homes. Let's take a closer look at the stages of the trial.

Step by step algorithm and process

What needs to be done to evict a drunkard from an apartment:

Try to resolve the issue out of court. This point includes contacting various authorities in order to influence the alcoholic. Of course, the chance that your neighbor will stop drinking and stop disturbing you is small, but in any case, you will still have documents confirming the legality of the eviction (decrees on bringing to administrative responsibility, home inspection reports, etc.)
Collect evidence. This may include certificates from specialized organizations and testimony of witnesses.
File a claim. Here it would be best to contact a professional lawyer.
Pay the state fee.
Submit a claim and documents to the court. Jurisdiction is determined according to the general rule - the application will be considered in the judicial authority at the place of residence of the defendant.
Participate in court proceedings, file necessary motions, and raise objections. Since this process is quite lengthy and complex, contacting a specialist will not be superfluous.
Obtain a court decision and, if necessary, appeal it.
Achieve execution of a court verdict. The neighbor may perform it voluntarily, or the participation of the bailiff service may be required.

Statement of claim

A claim for eviction of an alcoholic from an apartment is drawn up according to the general rules enshrined in the Code of Civil Procedure of the Russian Federation. It must contain the following information:

full name of the justice body to which the documents are submitted;
the most complete data of the plaintiff and defendant;
circumstances of the dispute;
plaintiff's claims;
a list of attached documents and persons to be subpoenaed;
signature and date of the application.

The claim is drawn up in a number of copies that is a multiple of the number of plaintiffs and defendants participating in the case, plus one copy for the court.

You can learn more about the rules for filing and drawing up a statement of claim here.

Documentation

In each specific case, the list of required documents may differ. The following are usually required: a copy of the plaintiff’s identity card, documents on ownership, apartment card, etc.

Additionally, you may need to provide documents from various organizations that will confirm the legality and validity of your claims (decrees on bringing to administrative responsibility, conclusion of guardianship authorities, certificate from utility services)

It is better to check with a professional lawyer for the exact list of documents required in your case.

Deadlines

The time it takes to evict an alcoholic from an apartment can be very long. After all, it is necessary to collect enough evidence, and for this you will have to involve various authorities (police, guardianship, housing inspection, etc.). This may take more than one year.

The consideration in court will definitely not be less than two months, and it is very difficult to name the maximum period - it all depends on whether the tenant is being evicted from a privatized apartment or from a municipal one, whether he agrees with it or not, as well as on many other factors. An experienced lawyer will be able to minimize the time it takes to consider this issue.

Price

The state fee for claims to resolve issues in this category is 300 rubles for individuals, and for legal entities - 6,000 rubles.

You can pay in cash at the cash desk of any bank or use an online transfer, but a receipt for payment must be provided along with the claim.

Tackle your alcoholic neighbor

Once upon a time, during the march of the ideas of historical materialism across the country, there was an institution of LTP, which has now been completely erased. But really, how can a district police officer deal with this widespread phenomenon?! But I don’t recommend beating, much less killing! Our Themis is an eccentric aunt: she will elevate a drunkard to the rank of victim, and you to the status of a villain! The solution is to adopt laws that give district police officers the right to harass these bastards quickly and convincingly.

Also, figure out what exactly your neighbor is drilling. Suddenly he’s planning a prohibited redevelopment?! If not, you still need to complain to the DEZ or the Moscow Housing Inspectorate of your district (the district government will tell you the phone number). Then the neighbor will at least be bothered with inspections, and at the most he will be fined so much that it will not seem too much.

We recommend reading: How to get a free plot of land

Ways to deal with an alcoholic neighbor

How to evict alcoholic neighbors? There is no specific effective means to protect your home from such people. You can try all available methods, increasing the pace. We suggest starting to fight neighbors who interfere with everyone else with minimal measures.

Serious conversation with a neighbor

To do this, it is advisable for all dissatisfied people to gather, for example, families from below and from above. The more dissatisfied there are, the more difficult it is to suppress the indignation. If one woman comes to complain to a rowdy neighbor, it’s easy to slam the door in her face, but when five people come out to talk, there’s no way to get away.

In the conversation, do not forget to mention all the points that cause you indignation. For example, music at night or a damaged flowerbed at the entrance. It is important that your speech is confident and not ingratiating. The main task is to rein in and shame the violator of public order, and not to establish friendly neighborly relations.

In order for what you say to have a greater effect, be sure to threaten to complain to the local police officer or write a statement to the city administration. Such actions can result in a number of problems related to summons to the police station, proceedings, and fines. Not every daredevil who breaks flower pots in the entrance will want such consequences.

It would also be a good move to put pressure on one’s conscience if the neighbor has been living in this place for a long time. Some people can be shamed by reminding them of their parents. However, avid alcoholics, who have been clutching a bottle for many years, do not take such intimate conversations seriously. And even the promise to write a statement to the police does not scare them.

Law Enforcement Assistance

If conversations with an alcoholic do not bring any results, it is time to contact the police. The principle of action here is banal and simple - if a neighbor disturbs others, it means he is violating the current legislation. For example, it makes noise that exceeds the permissible level or interferes with the rest of other residents of the house at night (after 23:00).

Such violations should be subject to administrative penalties - a fine or detention (up to 15 days). The police do not always respond to such calls and respond to requests from exhausted citizens, so a good lever of pressure on local police officers would be to contact a higher authority with a complaint.

Application to the prosecutor's office

It is best to write a collective complaint to the prosecutor's office, collecting signatures from all dissatisfied residents. It is also necessary to attach all available facts to the case materials, for example, photographs, video materials, audio recordings, protocols and acts.

Write a collective complaint to the prosecutor's office with the signatures of the residents

What to do with refusals from local police officers? If you refuse to draw up a report or issue a fine, write a complaint against the actions of the policeman. Such drastic measures will force the local office to work harder and respond more often to such requests.

Eviction

Extreme measures must be resorted to when other methods do not work. Often, for noisy tenants, warnings and several visits from a local law enforcement representative are enough, but apartment owners are more difficult to deal with. They don’t consider it shameful to start fights on the stairs, knock on other people’s doors, attack neighbors, or threaten with violence for complaining. In such cases, talking will not help; the issue of eviction must be raised.