The life of any person cannot take place in a closed individual space; it consists of interaction with a large number of people - communication with them, neighbors, working relationships.
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It's fast and free! But what to do if, after working days, a person is unable to find peace at home because of the active and hectic life of his neighbors, when he is a hostage to the situation, because according to generally accepted standards, every socially mature person should live in such a way as not to create problems for others.
To the management company
The management company is entrusted with the responsibility for cleaning entrances, elevators, the area adjacent to the apartment building, repairing and maintaining in order the property through which utilities are provided (all risers, life support systems and networks).
Based on this, it is clear that in all matters of damage to public property (lettering on the walls, broken windows in the entrance, broken doors, etc.), pollution of premises and public areas, you should first of all write a complaint against your neighbors to the Criminal Code. She herself is interested in forcing the perpetrator to correct the damage or compensate for the damage.
If your apartment is flooded by neighbors living above, then the first call is to the control room. If you don’t know the phone number, press the emergency button in the elevator and they will connect you. The management company will create a commission that will inspect the damage in your presence, assess the damage and draw up a report indicating the culprit and the amount of damage. Responsibilities for the proper and safe maintenance of public and private property are assigned to the management company by parts 1 and 1.1 of Article 161 of the Housing Code of the Russian Federation.
You can see a sample complaint against neighbors to the Management Company here
Law
According to the law, unauthorized redevelopment in residential buildings and keeping animals in conditions unsuitable for this are prohibited:
- regulated by Federal Law No. 52-FZ of March 30, 1999 “On the sanitary and epidemiological welfare of the population”
- according to it, noise pollution is a crime. At night the noise should not be louder than 30 dB, and repairs can only be carried out on weekdays from 9 to 19, but not on weekends. - Garbage on the site is the jurisdiction of ST 6.4 of the Code of Administrative Offenses of the Russian Federation
“Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport” and is punishable by a fine. - With constant flooding, the matter is resolved through the courts.
- A local police officer is invited to the brothel with a statement
that they are exceeding the permissible noise standards and are actually killing someone. You should not tolerate what you should not tolerate according to the laws of our country. It’s better to go around other neighbors (not those who cause you trouble, but those who, like you, suffer from trouble) and write a collective complaint to the district police officer. There are several tips on how best to do this.
To the housing inspection
You are not satisfied with the drafted act, or the person responsible for your problems does not comply with the requirements of the management company - filing a complaint against your neighbor with the housing inspector will help.
Its employees are authorized to fine negligent citizens not only for damage to other people’s and public property, but also for violations in the maintenance of their own housing.
A complaint to the housing inspectorate against neighbors will be necessary if a neighbor has started repairs that cause you concerns about the safety of the technical condition of the building or “grabbed” part of the vestibule for himself.
Application to the Housing Inspectorate for neighbors: sample
Where to contact?
If conflict situations arise among neighbors that interfere with peaceful coexistence, you have to file a complaint with the relevant structures. Often, when drawing up a complaint, the question arises: - Where to send the complaint to effectively resolve the problem? It all depends on the type of offense and each circumstance must be considered individually.
The simplest solution to any conflict situation is to contact the local police officer. Complaints to the district police officer are the most common type of litigation between neighbors.
- If a neighbor is constantly making noise at inappropriate times, the district police officer is obliged to familiarize himself with the collective statement of the neighbors and quickly respond to the document received by interviewing the residents of the entrance and drawing up a report on the troublemaker.
- If the local police officer does not respond to the complaint, then in this option the neighbors need to send a complaint to his superiors - to the police department.
- If nothing is done there, then the next complaint will have to be sent to higher structures up to the prosecutor’s office and, possibly, even to court, about the inactivity of law enforcement agencies. As a rule, the persistence of residents sooner or later leads to a positive solution to the problem and the offender is “restrained.”
- If a neighbor keeps many animals that interfere with the normal functioning of the residents, it is recommended to file a complaint with the homeowners association (HOA).
- In case of unauthorized redevelopment of an apartment that affects the interests of neighbors, you must contact the management company (MC) and the housing inspection (HI).
- If neighbors litter, a statement can be sent to Rospotrebnadzor, which is authorized to resolve such issues.
- In case of flooding, a local police officer or an appraiser is invited to assess the damage, and if the neighbor refuses to compensate for the losses caused, the conflict can be resolved through legal proceedings.
To summarize, it can be noted that each collective complaint is made only in writing in a free style. Therefore, residents here usually do not encounter any difficulties when registering it.
Difficulties may arise when going to court. To fill out a statement of claim, you will most likely need to contact a lawyer, since if the claim is incorrectly drawn up, the court will return the documents without consideration.
Management company and HOA
Today, to manage multi-apartment housing construction, a management company or HOA can be used, whose responsibilities include compliance with multi-storey housing construction in the normal state, including sanitary standards. Therefore, complaints from residents are most often sent to the management company or HOA and written to the head of the management company or the chairman of the HOA. Of course, these officials cannot take effective measures against violators, but they are authorized to resolve conflict situations using other authorities.
The reason for filing a claim with these institutions may be:
- Neighbors constantly throwing garbage at the entrance.
- Keeping animals without proper care.
- Walking dogs in undesignated places and without a muzzle.
- Smoking in unauthorized places.
- Littering of the local area with large items.
- Noise in the apartment, creating discomfort for neighbors, both during the day and at night.
If the management company or homeowners association ignores a collective complaint, this may become the basis for sending a complaint to regulatory agencies, for example, to the housing estate. It is recommended to attach materials to such a complaint certifying the fact of the appeal to the management company or HOA.
To the district police officer
According to Law No. 15-FZ of February 23, 2013 “On the Protection of Citizens’ Health...”, smoking is prohibited in entrances or common areas. If neighbors constantly violate such rules by smoking in the entrance and ignoring neighbors’ comments, you can file a collective complaint from the neighbors to the district police officer. Considering that smoking in unauthorized places is also a violation of fire safety regulations, a fire inspector can also be involved to eliminate this problem.
Also, there may be grounds for inviting a local police officer in the event of noisy gatherings in the apartment, loud scandals, drinking alcoholic beverages at the entrance and in other common places.
Upon receipt of a complaint, the district police officer is obliged to go around the neighbors, verify the reality of the violation of order by interviewing the neighbors, and draw up a report on the violator, followed by the imposition of a fine in accordance with the Code of Administrative Offenses of the Russian Federation.
If the district police officer ignores the applicants’ complaint about the unlawful actions of the troublemaker, then the applicants can send complaints to higher structures up to the district administration. If the violator ignores the warnings, then the neighbors have the right to petition the administration to evict him. Art. 91 of the RF Housing Code provides for such a decision for systematically ignoring the rights of neighbors and the violator can be evicted by a court verdict. This measure, of course, is an extreme one, and is rarely used and only for tenants. It is practically impossible to evict the owner of the apartment.
Police
Submitting a collective complaint against a neighbor to the police is possible if a previous complaint to the district police officer did not lead to a positive result. The basis for filing such a collective claim may be:
- Loud noise at night.
- Violation of sanitary order.
- Use or distribution of drugs.
- Damage to collective property.
- Violation of the rules for using a residential apartment.
- Actions that lead to damage to health.
- When the lives of neighbors are threatened.
As already noted, you first need to invite the local police officer and hand over the complaint to him personally. If there is no response from the district police officer, the complaint must be sent to the district department of the Ministry of Internal Affairs.
If there is an urgent need and there is no local police officer on site, if a crime has been committed by a neighbor, you must call “02”.
Rospotrebnadzor
The reason for filing a collective claim with Rospotrebnadzor may be a violation of sanitary and epidemiological rules by a neighbor, or if the neighbor is a carrier of airborne diseases. When drawing up a collective application to Rospotrebnadzor, it is required to display information about the neighbor in a letter, along with evidence of the identified problem.
Court
Going to court with a class action lawsuit is a last resort, which is used if all previous measures against a negligent neighbor have not led to a positive result.
The pleading section of the claim expresses a requirement to impose an administrative or criminal penalty on the neighbor who violates the order, or to award compensation for material or moral damage. The requirements must be supported by reference to the legislative provisions of the Russian Federation, otherwise the claim will be rejected by the court. Therefore, when drawing up a statement of claim, it is recommended to seek the help of a lawyer.
Evidence must be attached to the claim. The availability of such evidence is a key factor in legal proceedings.
When sending a claim to court, we must not forget about the statute of limitations, which, according to general rules, is three years from the date of the offense.
To the sanitary-epidemiological service
The most effective complaint regarding issues of unsanitary conditions , especially when there is a threat of epidemics arising from this, is a complaint to the sanitary and epidemiological station against neighbors or the center of state sanitary and epidemiological supervision. Its employees will not only issue an order to put housing in order, but can also bring negligent citizens to justice. You can also file a complaint with Rospotrebnadzor.
A sample complaint against neighbors to Rospotrebnadzor is here.
The responsibilities of residents for the proper maintenance of their own and common property are spelled out in Article 30 of the Housing Code of the Russian Federation.
Functions of Rospotrebnadzor
Rospotrebnadzor is an authority that appeared in the 19th century . Back in the days of the Russian Empire, it was called the Medical Police. The task of the department in question was to search for and combat factors that contributed to mass epidemics. And since epidemics at that time regularly broke out in one or another part of the country, the state tried to somehow stop it.
During the USSR, the medical police were not disbanded, but transformed. At that time it was called the Sanitary and Epidemiological Surveillance Service, or SES for short. In the early 2000s, Sanitary Epidemiological Supervision and the State Trade Inspectorate were merged into one organization, called Rospotrebnadzor, and subordinated directly to the government of the Russian Federation. Currently, there are about 2.5 thousand branches in the country.
Before filing a complaint with this body, it is necessary to find out what exactly it does. The government organization in question can carry out sanitary supervision of places of trade, residence of citizens, public areas, monitor whether regulations relating to consumer rights in the field of trade are being observed, and suppress all attempts to ignore consumer rights in this area.
He also carries out certification of workers in production related to food products, as well as workers involved in the trade of products, can conduct inspections, are able to monitor social and hygienic standards in different regions of the country, periodically collecting statistical data, maintaining records and statistics. In addition, they conduct inspections of specialists who are engaged in the field of trade, etc., and coordinate the activities of local organizations and institutions.
This government body has many tasks, but writing a complaint here will be useful only in situations that are subject to analysis by this body. You can find out what and how the actions of Rospotrebnadzor itself are regulated in Government Resolution No. 322.
Rospotrebnadzor can monitor the work of almost all trade enterprises and industries. The form of ownership does not matter. The service in question may well begin an official inspection of both a state-owned enterprise and a legal entity. The main thing is that a complaint is filed. The sphere of influence of the organization in question extends even to individual entrepreneurs.
The service will also check all public places, including leisure centers, cafes, and restaurants. Rospotrebnadzor operates in places such as schools and kindergartens. His task is to promptly find and remove the violation, especially if it threatens the health of ordinary people.
To prevent the store being inspected from preparing for a visit from Rospotrebnadzor and hiding flaws, all inspections are divided into scheduled and unscheduled. As you can easily guess from their name, planned events are organized according to a specific plan, which the stores themselves are aware of. The administration of the inspected facility receives a message that they are planning an inspection. Such a message must be compiled and sent at least three days before the inspection itself.
Unscheduled inspection activities occur without a clear schedule. Usually, to implement them, there must be an emergency situation or if someone decides to file a complaint against the store. Moreover, each violation is checked separately and on different days, so after one unscheduled visit you should not relax.
They will also carry out unscheduled inspections in cases where Rospotrebnadzor employees have found direct evidence that the person being inspected has violated consumer rights or if a citizen has sent a complaint to Rospotrebnadzor.
Regardless of the reason for the inspection, the supervisory authority must carry out all sets of inspection actions. They include checking documents, inspecting the store premises and interviewing employees. If violations are found, the store may be closed and a fine imposed. The law states that the inspection can last no more than 20 days. Extension of the period under consideration may be permitted only after the written consent of the regional department of Rospotrebnadzor.
To the guardianship and trusteeship authorities
You may need to file a complaint against your neighbors with the guardianship authorities not only for your peace of mind, but also to protect your minor neighbors. How to complain to guardianship about neighbors? You can complain to the guardianship authorities if:
- in the apartment next door you can often hear children crying and screaming;
- in the apartment where young children live, there is often drinking;
- you witnessed minors living in the apartment next door engaging in drinking or smoking.
Collective document
Have tenants smoking, drinking, speaking obscenely, and having hangouts in apartments become the norm? There 's no way around it
without a collective complaint.
A statement to the police from one person
does not always help solve the problem.
The police may ignore the document, signing off only formally. But when the complaint is filed on behalf of all residents of the house
, the police will have to deal with the violators and take measures to maintain order.
Collective complaint to the prosecutor.
To the local police officer
The reason to complain to the district police officer may be:
- night festivities with loud music, songs and screams;
- the sound of a hammer, the buzz of a drill, and other “sound effects” after 11 p.m.;
- fights and drinking in the next apartment;
- smoking in the elevator, on the stairs, in the playground.
A sample application to a district police officer about a drinking neighbor can be found here.
In accordance with Article 6.24 of the Code of Administrative Offenses, smoking in public places provided for by Federal Law No. 15-FZ (this includes smoking in the elevator and on the staircase) is subject to a fine of 500 to 1,500 rubles, and for smoking on the playground - from two to three thousand rubles.
To the prosecutor's office
If you suspect that vigorous activity with a commercial bias , write a statement to the prosecutor’s office against the neighbors. Who likes the constant movement of strangers in the entrance?!
However, you can complain to the prosecutor's office about any violation of your rights by your neighbors, if complaints and appeals to other authorities have not had any effect.
In accordance with Article 28.1 of the Code of Administrative Offences, a statement by an individual with information about the fact of an administrative offense is a reason for initiating a case.
Sample application to the prosecutor's office against neighbors
When to expect a response or action?
Each authority has its own response time
to complaints.
The district police officer is obliged
to respond to the citizen’s application
within 10 days If there is no response from him within the specified period of time, it is worth contacting the prosecutor’s office
and noting the employee’s inaction.
Rospotrebnadzor considers applications much longer, up to 1 month
.
If difficulties arise, the period is extended for another month
.
Officials are required to respond to complaints within 15 days
.
And the SES is unlikely to arrive earlier than 2 weeks
from the date of submission of the application.
To the administration
If some restless resident is not affected by the requests of neighbors and the measures taken by various authorities - he pays fines and continues to live in his own way, systematically neglecting the interests of those around him - a complaint against neighbors to the administration can help. In this case, it is desirable that the complaint be a collective one, with copies of all appeals to other authorities and their responses attached.
In accordance with Article 293 of the Civil Code of the Russian Federation, a local government body has the right in such a situation to file a claim for the sale of a “dysfunctional” apartment at auction.
The owner will receive the proceeds back minus legal costs. And let him buy a home somewhere else.
Sample complaint against neighbors to the administration
To court
If the administration does not take measures adequate to the situation, then there is nothing else left to do but go to court on its own. But this will no longer be a complaint, but a lawsuit. There is no strict form for writing a complaint.
The main thing is that at the top right is indicated the body or official in whose name the complaint is being filed, the surname, initials, and address of the person applying.
You must sign and date it at the end. It is advisable to describe the problem by clearly stating the events and more facts, without unnecessary assessments and emotions.
A collective complaint must indicate an address to which a response can be sent. It is important to know that a written complaint must be signed. Anonymous requests may remain unanswered. They are considered only if there is information about possible emergency situations and terrorist threats.
Note: a written complaint is much more effective than a verbal complaint. Collective is doubly effective.
Remember that there are no unsolvable situations. There is a complaint against any, even the most uncontrollable, noisy neighbor, and there will be a remedy. What is important is objectivity in opinion and persistence. Read about what legal methods of dealing with people who interfere with your life exist here.
What is a complaint?
The document is drawn up if the neighbors do not want to accept and comply with the rules of common residence. This is one of the extreme steps, it is taken if the problem cannot be resolved peacefully.
The official paper is filled out in free form; there are no strict requirements, but the names of the parties and the circumstances of the case must be indicated.
Situations in which you can contact a supervisory authority are regulated by housing, criminal, civil, and administrative legislation.
