“How to evict noisy neighbors” - renting an apartment / from above in 2021

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Systematic noise from a rented apartment greatly disturbs people living nearby. Very often, loud tenants do not respond to comments, believing that since they rented a house, they don’t have to burden themselves with following the rules: listening to loud music, drilling into the walls, shouting, swearing, moving furniture, etc.

But fortunately, the law is entirely on the side of the neighbors. If they feel that the tenants have gone beyond what is permitted, the tenants will face an unenviable fate. They can be evicted from their living quarters through a court order. What is needed for this and where to start the procedure? You will find answers to these and other questions in our article.

Tenants do not pay under an agreement or without an agreement? – read how to find justice for them.

Is it possible to evict neighbor tenants if they are disturbing, making noise, etc.

In accordance with Article 17 of the Housing Code of the Russian Federation , the use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises. In addition, taking into account fire safety, sanitary, hygienic, environmental and other legal requirements.

Of course, if neighboring tenants violate public order, they can be evicted.

Grounds for eviction may include:

1. Violation of oral agreements with neighbors. For example, smoking on the playground, on the staircase, on the balcony.
2. Violation of the rights and legitimate interests of other residents. For example, systematically listening to music loudly during “quiet hours.” Different regions have their own laws. But according to general standards, noise limits should not be exceeded from 10 pm to 7 am.
3. Intentionally causing significant damage to an apartment building or neighbors' apartment. For example, they deliberately damaged the door, peephole, bell of a neighbor’s apartment, or deliberately flooded it.
4. Lack of proper care of the apartment is also grounds for eviction, for example, if animals are bred in countless numbers in the apartment and an unpleasant odor emanates from the neighbors throughout the house.
5. Violation of fire safety standards and sanitary and epidemiological requirements.
6. Systematic consumption of alcoholic beverages or drugs by tenants or regular guests at night can also lead to eviction and contacting the Police.
7. Hooligan actions of tenants.
8. The presence of a proven mental disorder in the tenant neighbor.
9. Use of residential premises for purposes other than their intended purpose.

What to do if neighbors are noisy - legal methods of dealing with noisy neighbors from the apartment above, below or next door

Please note that the behavior of a resident that does not correspond to social norms, his negative actions towards others must be proven. Based on words and testimony alone, no one will be able to evict your neighbor-tenant, even if you go to court. The law will be on the tenant's side.

Moreover, he will be able to file a counterclaim for slander and compensate for moral damages.

Trial in court

Sometimes it is difficult to evict tenants because they have no other place to live and will have nowhere to go. It is possible to evict tenants onto the street, regardless of this factor, only if they do not use the apartment for its intended purpose. However, in this case, even the homeowner may be left without it. The apartment will simply be sold at auction, giving the former owner the due amount, taking into account the deduction of damage caused by the tenants.

Disgruntled tenants who wish to evict their tenants need careful preparation for the legal process. Violations, like the fact of residence itself, must be documented and must be acted upon collectively. Only based on the evidence base, the court will make a decision. In addition, the defendants will probably try to resist and will also prepare their own documentary evidence, can hire a competent lawyer and bring in their witnesses. In addition, you can even run into a counterclaim and, with poor preparation, end up not only guilty, but also in debt. Based on this, you should never rush to file a claim until you have all the necessary papers in hand.

To whom and how should you complain about your neighbor tenants?

Let us list the authorities and the list of persons to whom you can file a complaint or verbally complain about tenants who violate the rights of their neighbors.

You can contact:

1. To the house committee or house manager. If a neighbor has violated the rules of public order for the first time, then these persons will be able to influence him with a conversation. But, if the case drags on and you have to go to court, then keep in mind that the house committee or manager does not always side with the victims. In order not to annoy the violating neighbor, they write good characteristics and may remain silent about violations that you reported earlier.
2. To the owner. Find the contact details of the apartment owner and inform him about the behavior of the tenants. Explain in more detail what happened and ask them to evict them as quickly as possible. The owner will accommodate you halfway, especially if he does not have a signed lease agreement with the tenants, because you will have to pay a fine if you contact the Police.
3. To the police station or directly to the local police officer . Thus, by writing a statement, you will be able to record the fact of your application and the fact of the violation by your neighbor. Of course, the act of the local police officer can play a huge role in court.
4. To the Prosecutor's Office . If the local police officer “hushes up” the case and ignores your requests, feel free to write to law enforcement agencies. The prosecutor's office will have to conduct an investigation into your application. It is better to submit written statements and complaints everywhere in order to receive written answers.
5. To the Administration. For example, you can file a complaint with local authorities if the owner is a municipality and it is not possible to resolve the issue with the tenant. Representatives of the administration can help you understand the situation and will redirect your request to the necessary authorities, which will be responsible for monitoring and checking your neighbor tenants for these violations.
6. To court. Prepare a statement of claim, even if it is a collective one, from several neighbors, it will be accepted and considered. In this case, it will be necessary to confirm not only the fact of the violation, but also that the defendants actually live at the specified address and are tenants, and not guests of the apartment owner.

Remember: any word must be documented. If you don't have evidence, you are unlikely to win your case.

List of documents for eviction of neighbor tenants, evidence

When contacting any authorities, you may need the following documents:

1. Passport or identity document.
2. Written evidence of contract violations.
3. A copy of the tenancy agreement or apartment rental agreement.
4. Protocols of the district police officer.
5. Inspection reports or videos, photographs of the condition of the home.
6. Testimony from neighbors.
7. Inspection reports from authorized bodies.
8. Voice recordings.
9. Evidence that the employer received a notice demanding that violations be corrected, his behavior corrected, etc., and with a warning that neighbors would be forced to take legal action.

If you have other evidence, you can submit it to the above authorities along with your complaint.

If you have any difficulties preparing the evidence base, contact our lawyers. They will help you with this problem, as well as prepare a claim in the courts and build an effective strategy for protecting your rights.

How to legally evict neighbors who rent an apartment - step-by-step instructions

To legally evict tenants who violate the order in the house or public order, you should adhere to the following instructions:

1. Find out whether a lease agreement has been concluded with the owner of the apartment.
2. Give your tenants a warning that you will be forced to contact not only the landlord, but also the district police officer.
3. In case of repeated violations, call the owner of the apartment, ask him to come and sort it out and talk to the tenants.
4. Call the Police and ask the local police officer to come and take the statement. Prepare evidence that the tenants violated the order. Upon arrival of the district police officer, fill out an application, sign it, and be sure to keep one copy for yourself in order to confirm the fact of your application.
5. If the owner has a lease agreement, resolve the issue with him. Explain that you cannot live with these neighbors, ask him to evict them as quickly as possible. As a rule, owners meet their neighbors halfway by terminating the agreement.
6. If the owner does not have a contract and has not arrived, also submit an application to the district police officer. Usually, if the rental relationship is not documented, the owner of the apartment may face a fine, because he is renting out housing illegally.

Please note that the district police officer cannot evict tenants, even if they have violated the order. Only the owner of the property can evict tenants! Therefore, it is worth negotiating, first of all, with the owner of the apartment, and then contacting the Police.

However, there are situations when neighboring tenants go beyond all moral standards and violate the rights of neighboring citizens - for example, by threatening physical violence. In such cases, you should immediately call the local police officer , without even informing the owner of the apartment.

Resident status

Neighbors who cause inconvenience to residents of other apartments may be in the premises for the following reasons:

Opinion:

Eviction from an apartment is allowed not only when using the premises under a rental agreement, but also when the premises are owned by the offender. Some property owners believe that they can do anything they want to harass their residents and they will go unpunished. However, such categories of citizens can also be brought to administrative responsibility and evicted in case of systematic violation of the rights of other citizens, causing harm to their health and property.

Lawyer, Leonid Kazakov

Judicial practice of eviction of neighboring tenants

The judicial authorities do not always come to the defense of tenants, especially if they have a valid lease agreement. Therefore, it is worth weighing all the pros and cons, and only then going to court to resolve the issue.

When should you file a lawsuit against your tenants? Let's list a few examples:

1. If the issue of eviction is not considered with the owner, he ignores the neighbors’ demands.
2. If no one has seen the owner of the apartment for a long time. If there is no contact with the owner of the property, it is impossible to warn or discuss the situation. The police may have to find the person.
3. If tenants damage the common or personal property of neighbors and there is evidence of this.
4. If the tenants are constantly under the influence of alcohol or drugs.
5. If the tenant has a mental illness.
6. If tenants threaten neighbors with physical violence.
7. If the Police authorities do not accept applications, ignore requests, and do not respond to written complaints.

Let us also note the disadvantage of official proceedings. The fact is that citizens will live in the apartment in accordance with the terms of the contract and its validity period. Immediately upon your request, no one will evict anyone.

During the entire trial, which can last at least 1 to 3 months, the tenants will live in the apartment. Yes, you will be able to pacify them for a while (but not a fact), but they will not stop doing nasty things to you and the rest of the neighbors in the literal sense of the word.

So, how to file a lawsuit against your neighbor-tenants? Follow these rules:

1. Collect witness statements.
2. Receive acts and protocols from the Police confirming the systematic violations of the tenants.
3. Prepare other documents that can support your words in court. For example, these could be the conclusions of the Sanitary and Epidemiological Station, the Management Company, the Fire Service, etc.
4. Write a statement of claim. If you have any difficulties, write or call our lawyers. They will help you competently file a claim in court.
5. Submit an application with all documents to the court.
6. Pay the state fee. Keep the receipt and give a copy to the court.

Next, you have to go to court hearings and defend your rights.

Please note that through the court you can hold tenants accountable, evict them, and also recover moral compensation for damage caused or harm to health.

Contact a qualified lawyer who will protect your rights and interests. In difficult cases, even consulting a lawyer can resolve the issue in favor of the plaintiff.

Claim form

The form of the statement of claim for eviction is established by law and contains all the necessary details, taking into account the specifics of the case.

It’s easy to fill out (you can download the eviction claim form here). The main thing is to take into account all the parameters.

Some points are unclear - contact our website specialists. We will explain this procedure in detail.

The amount of state duty for this type of claim is about 300 (two hundred) rubles. If several residents apply, the fee can be paid collectively.