Collective complaint against neighbors: sample drafting and methods for filing it

November 27, 2018
Legislation
Natalia Kalinichenko

You don’t choose your relatives and neighbors, so you have to live with those who are there. Loud music, drinking, repairs behind the wall - every person living in an apartment building faces such problems. Naturally, if the problem is temporary, then disputes and conflicts do not arise, but if the neighbor causes endless problems and no persuasion or requests help, then the remaining residents have to seek help from the authorities.

The most common reasons for filing statements against neighbors

Uncleanliness of individual residents is one of the most common reasons for filing a complaint. Some people believe that the garbage does not need to be taken out into a container, but can be left in the entrance or vestibule, and thrown in a cigarette butt. Another problem is the uncontrolled number of animals in one apartment. It’s clear that when the homeowners have one cat and a dog and they take care of them, then no problems arise. But if there are 30 cats behind the wall, then it is impossible to avoid the unpleasant smell and noise.

The third most common problem is noise. This is music, stomping, constant repair work. And some neighbors are doing illegal redevelopment in their homes, demolishing load-bearing walls. Naturally, other residents of the house are concerned, because this is a real danger to the entire building.

Flooding of the lower floors. It’s clear that if this is an isolated case, then the conflict is resolved quickly, but if flooding occurs on an ongoing basis, then something needs to be resolved with such a neighbor.

Another reason for contacting the authorities is the stash behind the wall. Naturally, it is impossible to feel safe when dubious individuals are walking around the entrance.

The most common reasons for the outbreak of hostilities

First, analyze your actions towards your neighbors in the country. If there is nothing among them that would push these people to commit various dirty tricks in your direction, feel free to launch “military actions.” The most common causes of confrontation are:

land (territorial) disputes: the fence is not in place, the proximity of bushes and trees blocking sunlight;
garbage is flying onto the property from neighbors;
animals enter the garden from neighbors, damaging garden plantings;
constant noise, parties, loud obscene speech and music that do not allow you to fully relax;
pathological harmfulness of neighbors - many people “don’t feed them bread,” let them quarrel with someone.

An incorrectly installed fence can cause a blood grudge

What the law says

The legislation provides for two types of complaints: individual and collective complaints against neighbors.

Before drawing up an application, it is recommended that you familiarize yourself with a number of regulations:

Law No. 52-F. This document regulates sanitary and epidemiological standards for noise pollution. You should know that repair work in an apartment building can only be carried out from 9 a.m. to 7 p.m., and only on weekdays. The noise level at night should not exceed 30 dB.
Code of Administrative Offences. Article 6.4. There is a fine for littering entrances and other public areas with garbage.
Issues of compensation for damage for flooding can only be resolved in court.
Questions regarding the brothel must be resolved by the local police officer.

In any case, there is no need to endure; dissatisfied neighbors have the opportunity to unite and pacify the lawbreaker.

What penalties are provided?

The penalty depends on the severity of the offense committed and is regulated by regulations, as well as Federal laws. The main punishment that a violator faces is a fine , which is:

for exceeding the permissible noise level - a warning for the first time, for a repeated offense - from 100 to 500 rubles;
for flooding of living space - 5,000 rubles, in addition to compensation for damage caused by flooding;
for smoking in the entrance - for the first offense from 500 to 1,500 rubles, for the second time - up to 2,500 rubles, as well as 1,000 rubles for “lack of understanding the first time”;
for violation of sanitary and epidemiological requirements (for unsanitary conditions) - from 500 to 1,000 rubles.

Rules for drawing up an appeal

A more effective response would be a collective complaint against neighbors. You won’t find a sample of such a document in regulations, but drawing up a complaint is not that difficult if you adhere to a few rules.

Choose the right recipient of the complaint. You shouldn’t write to everyone at once. If you are not entirely sure that the addressee will help, then write the following phrase: “If ... (the addressee) is not authorized to resolve such issues, please forward our appeal to the authorities that are authorized to resolve these issues.”

The text of the appeal should be drawn up to the point, without emotions or speculation. The appeal states only the facts, for example: “Tenant No. ... of apartment regularly walks his dog, for which he does not clean up in the entrance.”

Brevity is the soul of wit. A collective complaint against neighbors (a sample is given below) should be brief and drawn up on 1-2 sheets, no more. If you describe only the facts, then there will be no “water”.

In addition to the facts, it is recommended to substantiate your claims with arguments. It is meant that the text of the document must contain references to regulations, the provisions of which were violated. The same walking of a dog in the entrance falls under Article 6.4 of the Code of Administrative Offences. Be sure to clearly state your requirements.

Before sending the document, be sure to check the text for errors; probably one of your neighbors knows Russian well. Otherwise, the recipient of the complaint may be equally careless about the complaint or even ignore it.

If there are recorded photo and video facts, be sure to attach them.

If you're tired of drinking

A sample of a collective complaint against drunken neighbors might look like this.

“The header of the document with a description of the details and data of the district police officer and applicants

Complaint

We ask that the tenant of apartment No. ... Full name be held administratively liable. This tenant constantly violates the norms of public order; at night noise, music, swearing, and screams can be heard from his apartment. Unknown people constantly come to apartment No. in a drunken state. That is, the tenant's full name leads an immoral lifestyle.

They have been warned about liability for giving a false denunciation, in accordance with Article 306 of the Criminal Code of the Russian Federation.

Full name and signatures.”

How to write

A collective complaint from neighbors is a strict document with a very universal pattern. It will look the same for almost all services, with minor differences. Let's describe a universal sample:

Title. Contains data on the parties to the conflict. It includes:

Data at the place of application: name of service, address;
Full name and title of the head of the service (only for the prosecutor's office and police);
Data on all applicants: full name, addresses, contacts;
Information about the person against whom the complaint is being filed (for court use only).

Information part. Contains general information about the case. They write in it:

General information on the case: who, when and how violated the rights of your neighbors;
A detailed description of the damage caused to you or other negative consequences resulting from the violation;
Description of the attempt to peacefully resolve the conflict with the offender;
Calculation of the cost of the claim (if you are writing a statement to the court and want to demand any compensation);
A complete list of requests to the control service and the rationale for these requests from a legal point of view.

Conclusion. Includes three parts:

A complete list of all materials attached to the complaint;
Signatures of all participants in the collective complaint;
Date of filing the complaint.

Samples

Sample of a collective statement of claim.doc Sample of a collective complaint against neighbors to the district police officer.doc Sample of a collective complaint against neighbors to Rospotrebnadzor.doc Sample of a collective complaint against neighbors to the Criminal Code.doc Sample of a collective complaint against neighbors to the prosecutor's office.doc Sample of a collective complaint against neighbors to the Housing Inspectorate. doc

Contacting the prosecutor's office

A collective complaint to the prosecutor's office against a neighbor (sample below) is an extreme measure when a local police officer does not respond to repeated requests from residents of a particular house or area.

The main purpose of such a document is to force the district police officer to fulfill his official duties and, of course, to rein in the violator of public order.

The main emphasis in such a document is on the action or inaction of the local police officer. And the actions of a neighbor are secondary.

What documents should I attach?

A collective complaint must be supported by documents proving the validity of the claims against the defendant (violator), this could be the following:

documentation indicating a previously filed complaint (complaints) to the district police officer or other authorized bodies;
documents from authorized authorities confirming violations by the tenant of the rules of living in an apartment building (AMD) (various conclusions and instructions from the Ministry of Emergency Situations, SES, flood report, expert assessment of the damage caused, etc.);
video and photographic materials proving the commission of an offense by the tenant (provided on electronic media).

Contacting the SES

Unsanitary conditions at the entrance? Is your neighbor walking his dog in the hallway or in a flowerbed near the house? Simply put, if a neighbor violates sanitary and epidemiological standards, contact the SES. An additional advantage will be the protocol drawn up by the district police officer.

The SES is a state control body that has the right to record offenses by drawing up an act and initiate inspections of other state bodies. In addition, he even has the right to act as a third party in civil proceedings.

A sample of a collective complaint against neighbors can be obtained from the regional office of the SES or downloaded from the website Sanepidemstantsiya.com. On the same website you can file a complaint by selecting the appropriate region.

Contacting the management company or housing office

These organizations are called upon to maintain order in the local areas, and the residents of the house pay them for this. The housing office is obliged to repair entrances, clean them, and monitor the condition of communications and networks. Accordingly, in all matters of damage to public property, it is necessary to contact the management company, for example, if the door at the entrance is broken down, the elevator does not work, even in cases where a neighbor is causing a row or is constantly making noise. Even in the event of flooding by a neighbor on the floor above, it is recommended at the first stage to call representatives of the housing office so that they draw up a report and assess the damage.

How to write a collective complaint against neighbors? Sample below.

“Details of the Housing Office

Full name and apartment number of those applying

Complaint

Despite regular payments for the provision of services to maintain order in the local area and in the entrances, today entrance No. 3 is in disrepair. The front door has been broken into for 3 months, the windows are broken and the walls are painted. Despite the fact that it is known that the door was broken into by the tenant of apartment No. ..., and the windows were broken out by the tenant of apartment No. ..., according to clause ... of the agreement ..., your company undertakes ... Based on the above, we ask you to carry out routine repairs of entrance No. 3 within 1 month.

Full name and signatures.”

If the housing office does not respond, then you can contact Rospotrebnadzor and the Housing Inspectorate.

Payment “in the same coin”: if an amicable agreement fails

In such a case, there are 2 options - resign yourself and pretend that nothing happened, or repay the restless neighbor “in the same coin.” But even here, for every action there must be an adequate reaction. Let's try to analyze some options for the development of the situation depending on the cause of its occurrence.

Excessive proximity of the neighbor's raspberry bushes to the fence

Shrubs are planted close to the fence and interfere with the gardener’s plants, or even the neighbor’s raspberries have begun to sprout all over the owner’s property. In this case, various compounds that are poisonous to plants will help, which will completely destroy the bush of the presumptuous neighbor. Regular diesel fuel will help prevent your neighbor's bushes from sprouting in your garden. You need to pour diesel fuel into a narrow strip along the fence - this will completely kill all living things where the diesel fuel gets in. Therefore, it is better to lay the strip along the fence on the neighbor’s side.

And here there are trees growing along the fence. They should be transplanted, moving them 3 meters away

Large fruit trees on a neighbor's property are blocking the sun

In this case, a few finishing copper nails (used to fasten the casing of interior doors), driven into the trunk up to the head so that they are invisible, will help. After a short period of time, the tree will begin to dry out and subsequently die completely. In this case, the neighbor will have no choice but to remove the dead wood from the site.

Here they are, the consequences of copper nails in the trunk of a peach

Pathological harmfulness and the desire of neighbors to make trouble out of nowhere

Here everything is decided more humanely. You should submit an advertisement for the sale of a plot of land with outbuildings to several newspapers with a large circulation, indicating every little detail - this will make it look more attractive. In this case, the price is set slightly lower than the market price. The address and telephone number indicated is the neighbor's. Over the next 2-3 weeks, they obviously won’t have enough time to make a scandal - they will be completely immersed in conversations with potential buyers. After a couple of months, you can continue the fun by offering a car in the ad for the same price.

Announcements are a good way to distract neighbors from quarrels

Constant parties with music in the yard

First, you need to decide where you can go for 3-4 days, and only then begin to implement the plan. In dachas there are very rarely bathrooms in the house. Usually this is a booth above a cesspool on the street, away from the house. This is where you need to throw a pack of pressed baker's yeast in the morning. And as soon as it dawns, you can lock the house with peace of mind and go on a visit. By lunchtime, the reaction in the cesspool will reach its climax, and the space next to the latrine will be filled with sewage. The amber throughout the area will be unforgettable. In such an environment, it is unlikely that anyone will want to have fun outdoors.

This is not a toilet, but a biological weapon of a summer resident

If neighbors do minor mischief for no apparent reason

In this case, if there is no result from the negotiations, you can respond with adequate measures. At the same time, everything is quite simple. We draw a cross on top of the gate with chalk so that it is visible. Naturally, the neighbor washes it. The main thing here is to have time to update it. After only 3-4 times the neighbor will start to get nervous.

The object of delayed revenge can be a car. You just need to throw a handful of bread crumbs on the roof or hood of the car. Birds that come to eat will leave microscopic scratches on the paintwork. But winter frosts, coupled with autumn-spring temperature changes, will finish the job. By next summer, not a trace will remain of the car's former luster.

Your neighbor will remember this for a long time

Harmless but effective ways to annoy your neighbor

Regular Vaseline has worked quite well. If you generously lubricate door handles, both entrance and car, a large amount of screaming is guaranteed. It doesn’t seem to be fatal, but it’s quite unpleasant to grab onto such an object. And considering that Vaseline is very difficult to wash off, revenge can be considered ideal.

But it can also be improved. To do this, a rubber heel is set on fire in the yard, for example, from tarpaulin boots, which is covered with an enamel plate. After some time, the bowl becomes covered with soot. If you mix it with Vaseline before treating your neighbor's hands, it will add effect. Soot from rubber is much more difficult to remove than regular Vaseline.

Here it is, the main weapon in the fight for a peaceful existence

The most unusual way to piss off your neighbors

At the agricultural supply store you need to purchase saltpeter, vitriol and ammonium chloride. Sugar is ground in a coffee grinder, the remaining components are crushed in a mortar. After this, everything is poured into a container, copper sulfate and potato starch are added (all ingredients in equal proportions), a little water is poured in, and everything is mixed. Gradually add more water to the solution until the mixture reaches a mushy state. Balls are made from this paste. They need to be thrown onto the neighbor's roof (if it is made of tin). The balls adhere perfectly, after which a rapid reaction begins, leading to corrosion. Within a week, your neighbor's roof will be covered with rusty spots. It will no longer be possible to stop this process.

Corrosion does not spare metal

To the fire department

If one of the neighbors litters the interfloor areas with unnecessary furniture or construction waste, then this is a direct violation of current fire regulations. Accordingly, neighbors have the right to contact not only the most negligent neighbor, the management company and ask to remove the trash, but also the fire department. After all, debris on the entrance stairs in the event of a fire will impede the free evacuation of residents. Moreover, in most cases, old window frames, furniture, boxes are stored on staircases - these are things that burn very well.

A sample complaint against neighbors is given below.

To the local administration

In most cities, residents of a locality have the opportunity to contact local authorities with almost any problem. If the complaint is subject to consideration at the city level, then local authorities create a commission, the members of which understand the current conflict and forward the appropriate appeal to its destination.

Most often, a collective complaint against neighbors (sample attached) is related to the failure of the management company to fulfill its obligations, against the district police officer if he fails to act in certain situations, in case of aggressive behavior of certain residents or their animals, and so on.

Submission methods

First of all, the complaint can be sent via mail. In this case, it is recommended that the message be issued as a valuable letter; if you expect that you will even have to go to court in the future, then it is better to even draw up an inventory.

You can submit your appeal through the office or an authorized person of the authority where the complaint is filed. In this case, the recipient must mark receipt on the second copy of the document.

It is not recommended to send complaints via email, since not every authority will consider it necessary to consider it, and the sender will not actually have confirmation of sending the document.