How to evict an alcoholic neighbor from his apartment. Is it possible and how to evict noisy neighbors (an alcoholic neighbor)? How to evict neighbors from an apartment

Plastic windows 20.12.2023
Plastic windows

The question of how to evict neighbors worries many Russians. The topic is truly relevant and painful, especially for large cities.

It is impossible to predict which neighbors you might get. Even if you carefully approach this issue when buying a new apartment, sooner or later, one of the neighbors surrounding the property may move out, and someone who will poison a calm and measured life will move in instead.

ATTENTION!!!

For residents MOSCOW available FREE consultations in office provided by professional lawyers on the basis Federal Law No. 324 “On free legal assistance in the Russian Federation” .

Don't wait - make an appointment or ask a question online.

Is it possible to evict neighbors if they neglect the rules of residence and significantly worsen the quality of life of surrounding citizens?

There is practice in resolving this issue in a similar way, however, it is quite difficult to bring the matter to the point of eviction.

Who are the neighbors?

It is possible to influence the behavior of any residents. Whatever difficulties they create, there are a number of control levers through which you can put pressure on them and even punish the antisocial residents living next to you.

Speaking specifically about eviction, a significant role is played by who the neighbor is, on on what basis is the living space occupied:

  • owner of the apartment (premises);
  • tenant;
  • lives under a social or service tenancy agreement.

Grounds for eviction

The Housing Code provides a limited list of grounds for expulsion. Based on the practice of eviction of any categories of tenants, the following list can be stated, which is generalized, i.e., some of the grounds are not significant and are not applicable for one or another category of tenants.

Not paying fees for residential servicesresulting in debt for more than six months.
Causing significant damage to the buildingwhich may lead to destruction or emergency.
Delinquency on mortgage, loanif the living space is pledged to the bank.
Systematic violation of third party rightssignificantly impairing their quality of life.
Use of the premises other than for its intended purposewarehouse or office.
Violation of fire safety measurescreating a threat to others.
Violation of sanitary and epidemiological measures.Conclusion of the commission.

Requirements for residents

Regardless of the reasons on which the tenant lives in his apartment, he must:

How to evict an apartment owner

It is quite obvious that a tenant living in a property is the most difficult category of citizens to evict.

The courts are reluctant to make such decisions. As a rule, they are preceded by years of litigation and attempts for the owner to eliminate all shortcomings and peacefully negotiate with neighbors who filed a claim to vacate the occupied living space.

To evict an apartment owner, you need particularly compelling reasons.

These include:

How to evict neighbors who rent an apartment

With people who are temporary residents, the situation is much simpler. The leverage over them is the owner of the premises, who most likely rents it out, avoiding paying taxes.

If the owner is an adequate person, he will not enter into unnecessary conflicts that can cause him trouble and will either hold a conversation with his residents, which will yield positive results, or replace them with more accommodating ones.

Tenants can be expelled on any of the grounds for which tenants can be evicted.

How can neighbors evict a tenant:

If this is not enough for the owner, it is necessary to file a lawsuit to evict the tenants. If the plaintiff’s arguments are compelling and he has evidence in hand, the court will make a positive decision on the expulsion of the neighbors.

Neighbors living under a social rental agreement

People who live behind the wall under a social tenancy agreement are no longer tenants, but also not yet owners. Therefore, it is more difficult to fight them, but it is quite possible.

A social tenancy agreement with the tenants is the owner of the premises at any time. The reasons for this are stated in the article.

Points applicable for termination as evidence for eviction initiated by neighbors:

Residents under a contract of employment

Systematic violation of the rights of neighbors.

In the matter of official hiring, there are no clearly defined grounds for termination. implies the possibility of termination at the initiative of the parties. Therefore, this basis gives the right to a dissatisfied neighbor, whose rights are being violated, to contact the owner of the premises to express his dissatisfaction.

How to evict neighbors from a communal apartment

Living in a communal apartment in itself is not very pleasant and comfortable, and when the neighbors are from a disadvantaged category of citizens, this significantly worsens the quality of life.

To deal with roommates, all the rules and grounds stated above apply. Just as in the issue with neighbors, the basis on which these citizens live is taken into account.

But, in the matter of living in communal apartments, another additional opportunity is added to free up the premises. If neighbors live in a room(s) under a social tenancy agreement and systematically violate the rights of their neighbors through their actions, Article 83 of the Housing Code applies to them, which in cases of social tenancy applies only to persons living in the same residential premises.

In this case, the burden of proof will fall on the plaintiff’s shoulders to prove that the use of the common area of ​​the apartment is equivalent to the use of the living space, but the chance of winning in court is quite high.

How to evict an alcoholic neighbor

An immoral lifestyle and alcoholism refers to the systematic violation of the rights of neighbors, violation of fire safety and sanitary standards.

It follows that eviction of alcoholic neighbors is possible in the following cases:

Eg:

  • will mortgage the apartment and fail to repay the loan;
  • will cause significant damage to the building;
  • will accumulate debt for housing and communal services to the limit, which is grounds for eviction.

You can deal with noisy neighbors, but it is practically impossible to evict them.

Neighbors have the opportunity to facilitate eviction in cases where:

  • noisy neighbors are renting;
  • live under a contract of employment.

Methods of fighting and punishing neighbors include:

To do this, you need to invite him while the neighbor is making noise, the expert will take the necessary measurements of the noise level and issue his conclusion.

In this case, it is possible to punish not only for noise at night. If, in the opinion of a neighbor, the noise during the day significantly exceeds the permissible norms, you can also resort to an examination.

During the trial, it is necessary to make a demand, in addition to imposing a fine and paying moral damages, to cover the costs of the examination.

Procedure

It is quite difficult for neighbors to evict tenants who are affecting their quality of life. The main thing that should be emphasized is the collection of evidence for trial, in case peace negotiations are unsuccessful.

Let's start with the fact that neighbors can only be evicted if they are renting housing. It's not that easy to evict landlords. Most often, for inappropriate behavior or violation of the rights of other residents, they can be subject to administrative penalties.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Even in the case of failure to pay utility bills, the maximum penalty that the owner faces is disconnection from gas, electricity, etc. If the housing is not owned, but used, then residents have much fewer rights.

Legal grounds

If citizens rent premises from a private or legal entity under a written agreement, from the municipality under a social tenancy agreement or under a service tenancy agreement, then neighbors can be evicted on the basis of:

  • uncoordinated major repairs that affected the destruction of load-bearing walls;
  • malicious and constant violation of silence;
  • causing moral harm to neighbors;
  • non-compliance with fire safety standards, as well as social and household standards;
  • use of the apartment for other purposes;
  • recognition of housing as uninhabitable;
  • if neighbors are alcoholics or suffer from drug addiction;
  • mentally unbalanced behavior.

But even in this case, there is a certain algorithm according to which you need to act.

The legislation provides for a system of procedures that allow you to evict neighbors if the above grounds exist.

To evict noisy tenant neighbors in 2019, you must have evidence that will confirm your words. This could be photo and video recording, testimony of other residents, or a protocol from the local police officer.

Legal basis

Neighbors can be evicted if they violate Russian law. The rights and obligations of residents are enshrined in the Housing Code of the Russian Federation (LC RF).

In the event that the apartment is not used for its intended purpose, it applies.

The grounds on which neighbors can be evicted are specified in clause 1 of the Russian Housing Code. The eviction of neighbors who rent an apartment under a social tenancy agreement is carried out in accordance with Articles 83-85 of the Housing Code.

Evicting neighbors

Evicting neighbors is a last resort measure, which is resorted to if all other means of influence have been exhausted. But it is impossible to evict a tenant from an apartment on your own.

In cases where extreme circumstances arise, it is necessary to go to court.

From a communal apartment

There is no such thing as a communal apartment now. classifies not only an apartment, but also a room as residential premises.

A communal apartment can be called one where each room has its own owner, and common areas are in shared ownership.

Each of the rooms is occupied either by the owners themselves or by tenants. It often happens that relationships between residents do not work out. But to be a neighbor, you need good reasons. For example, the owner of the room uses it for other purposes and breeds fighting dogs. In this case, you need to contact the local police officer, who will record the fact, which will be a weighty argument in court.

From the hostel

They were built as buildings intended for temporary residence of enterprise workers and students. These persons entered into an agreement with an enterprise or educational institution.

The agreement is valid only as long as work or study continues. With its termination, the contract ends.

The reasons may be as follows:

  • expulsion of a student from an educational institution;
  • dismissal of an employee from the organization;
  • termination of the employment contract;
  • closure of the organization in which the person works or studies.

Before eviction, the tenant is given a notice. If he does not vacate voluntarily, then the landlord. All other grounds for termination of the agreement are specified in the agreement itself.

Tenants

The eviction of tenants according to the law depends on whether an agreement has been concluded between the owner and the tenant or not.

An agreement that is concluded for a period of more than a year is registered in the Unified State Register of Rights to Real Estate and Transactions with It (USRP). If the agreement is concluded, then the landlord can evict his tenants only through the court.

there may be several:

  • rent has not been paid for a long time;
  • utility bills are not paid;
  • housing is not used for its intended purpose;
  • subletting without the knowledge of the owners;
  • complaints of antisocial behavior.

Eviction of tenants in case of their refusal to terminate the contract occurs through the court. The court must be provided with documents that confirm the violations.

Noisy (for disturbing the silence)

To evict noisy neighbors, you need to provide the court with evidence of these violations. In this case, it is possible to contact an experienced lawyer who will tell you what can be considered a violation of silence.

These include:

  • playing loud music at night;
  • shouting and loud talking;
  • construction work using noisy equipment outside of school hours;
  • playing musical instruments, loud singing.

It can be difficult to prove on your own that certain standards are exceeded. They often ask a local police officer to come to the scene and draw up a protocol, on the basis of which they can confirm their words in court.

Antisocial behavior

The most common example of antisocial behavior is the alcoholism of neighbors. If neighbors not only drink, but also become rowdy and swear rudely, then it is advisable to capture these facts on video.

You can invite witnesses who can confirm your words, and also call the local police officer.

Who can evict?

Despite the neighbors' violations, they can only be evicted through the courts. This is a very lengthy procedure that will require not only the collection of all important documents, but also the collection of evidence.

Forced eviction occurs only after a court decision has been made.

Procedure

Before filing an application, you should try to resolve the conflict situation by contacting your neighbor in writing. It is best to do this in front of witnesses so that he cannot deny the fact of what is happening. All documents are attached to the statement of claim.

Going to court

The plaintiff goes to court after he has collected the necessary documents. In addition to the application, you must submit the following documents:

  • identification;
  • or Certificate of Title;
  • documents on the status of the personal account;
  • witness's testimonies;
  • photo and video shooting;
  • expert opinion (if necessary).

Sample statement of claim

is drawn up in accordance with articles of the Civil Procedure Code (Articles 131, 132) and contains:

  • information about 2 parties (plaintiff and defendant);
  • the main part containing the claims;
  • legislative, which lists the laws violated.

Documents, the so-called evidence base, must be attached to the statement of claim.

The court's decision

The process is quite long and complex. According to various sources, on average it takes about 2 months from filing a claim to making a decision. But even in this case, one should not expect that the court's decision will be implemented. It is possible that the defendant will resort to an appeal procedure.

An apartment is the place where you want to get a little peace and quiet amid the hustle and bustle of city life. And if neighbors suddenly appear who do not share this simple and natural desire, then staying at home turns into an unpleasant experience. Especially if you can’t persuade them to remain quiet.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

But, fortunately, the law protects the rights of lovers of peace and provides an answer to the question of how to evict noisy neighbors even against their wishes.

Violation of tenants' rights

The law gives residents of apartment buildings a fairly wide range of rights. This is especially true for apartment owners. But it also sets limits.

In particular, the law obliges to respect the rights and interests of neighbors. That is, according to the classical formula, the limit to the exercise of one’s rights is the rights of another person.

Unfortunately, not everyone follows this rule, considering themselves the right not to pay attention to the needs of their neighbors.

But nevertheless, there are a number of actions (or lack thereof) that the law clearly interprets as a violation of the rights of neighbors. These include:

  • noise and loud music at odd hours;
  • causing material damage;
  • non-compliance with safety rules, especially fire safety;
  • use of housing for other purposes, etc.

As for noise, of course we are not talking about normal audibility caused by violations of construction technologies. In this case, you should contact the developer for compensation.

In most regions of Russia, there are silence laws that prohibit repair work and noisy parties at night: from 10-11 p.m. to 9-10 a.m.

Any excess of the permissible noise level at this time will be considered a violation of the rights of neighbors. Unless, of course, the matter is due to some force majeure circumstances.

The last point raises the most questions. It is clear that an office in an apartment is clearly a violation of its purpose. But renting out a home is not like that. Meanwhile, many neighbors dream of getting rid of temporary tenants. But it is not always possible to call both temporary residents and the apartment owner to order. We have to look for other, effective measures.

Meanwhile, the law makes it clear that violating the rights of neighbors is a reason for eviction. This applies to:

  • those who rent housing under a commercial lease agreement;
  • social housing residents;

Regardless of the reason for their presence in the apartment, they do not have the right to ignore the presence of neighbors.

Grounds for eviction

Even if neighbors are regularly disturbed by noisy tenants, evicting their apartments is not as easy as it seems. The right to housing is protected by the Constitution, so if an informal agreement cannot be reached, a court decision is required, which is made on the basis of solid evidence.

Therefore, before drawing up a statement of claim, it is worth making sure that the neighbors’ actions fall within the grounds specified in the law for deprivation of the right to use residential premises.

These include, according to the Housing and Civil Code:

  • use of housing for non-residential purposes (office, warehouse, workshop, etc.);
  • systematic violation of the interests and rights of neighbors;
  • mismanagement of housing, leading to its destruction.

In this case, violation of the rights of neighbors may be a consequence of two other actions. In any case, whatever the reason for the constant noise that haunts the residents, only the court has the right to evict neighbors who violate the rights of others. Therefore, the search for ways to evict noisy neighbors of tenants should take place in the legal field.

Eviction is a last resort, following warnings and administrative fines. For them, a single violation confirmed by the protocol is enough.

In order to deny a person the right to housing, you will have to prove to the court that there is a systematic pattern - that is, all actions that deprive neighbors of peace are carried out repeatedly.

How to evict noisy neighbors through court

As already mentioned, only through the court can the issue of eviction of a person from an apartment be resolved:

  1. The statement of claim is filed at the place of residence of the defendant, and the case is considered in civil proceedings.
  2. The decision can be appealed legally.
  3. Each party presents its evidence, including witness statements.

Of course, after the first night party at the neighbors above or behind the wall, no one will evict anyone. But if noise occurs at inopportune hours, it is worth calling the police or notifying the local inspector so that they record the fact of violation of the neighbors’ right to silence.

At best, this will become a reason for violators to correct their behavior, and at worst, it will mark the beginning of collecting evidence for the court.

If the noise and other disturbances have not stopped, then it is worth finding out on what basis these persons occupy the apartment. It is best to seek help in this matter from the local police inspector. He is an official and can obtain information about the ownership of the apartment and the status of its inhabitants faster and easier for the interested public.

The further course of action will depend on the status of the inconvenient neighbor. When filing an application with the court, you will need to indicate:

  • whether the person occupies the apartment under a rental agreement;
  • is its owner.

The court's decisions will be different in each of these cases. The evidence collected will also influence the decision.

Measures against renters (tenants)

Before going to court, it is worth trying to influence tenants through the owner of the apartment. It is unlikely that he will be pleased with the prospect of becoming a participant in the trial. But if the homeowner evades, then you will have to act without taking into account his opinion. In this case, you can also sue a negligent owner for moral damage caused to neighbors.

In some cases, the landlord himself may be interested in terminating the contract with such problematic tenants. If in this case there is a rental agreement drawn up in accordance with all the rules, then it is terminated through the court, where the owner of the property himself applies.

It does not matter when the eviction occurs: in winter or summer. The main thing is to follow the procedure and deadlines for warning about the transformation of the contract.

Eviction of drunk neighbors

It is this contingent that most often disturbs the peace of its neighbors. The procedure for evicting them is the same as for everyone else. Having collected evidence, you need to go to court if there is a systematic violation of silence. Or, if the neighbors are relatively quiet but pose a threat in terms of fire safety, file a complaint with the management company.

In this case, an inspection of the condition of the apartment will be carried out, on the basis of which an eviction claim will be filed. Only its submitters, and therefore the plaintiffs in the lawsuit, will no longer be the residents, but the local administration, which has established the fact of mismanagement of housing.

If this ultimately leads to the eviction of noisy and problematic neighbors, then no one will complain.

What to do with tenants who don't pay

It all depends on whether the tenant is the owner or the tenant. You cannot evict an owner who does not pay utility bills. But this fact may become another evidence in favor of his eviction in violation of the rights of other tenants. For example, with systematic night noise.

Failure to pay rent may result in tenants being evicted without being provided with alternative housing. This is possible for both those who have entered into a commercial and social rental agreement. But again in combination with other violations.

The decision to evict is made solely by the court, and not by the owner of the apartment.

Collection of evidence

As already mentioned, evicting noisy and disturbing neighbors is not a quick process. Because the main factor will be the systematicity and repetition of the violations they commit. It will take some time to collect evidence. It would be better if all residents suffering from noise would do this.

Evidence will include:

  • copies of police reports documenting violation of order;
  • copies of applications and appeals to the management company or administration and responses from these authorities;
  • acts of inspection of residential premises that were damaged by the actions of neighbors;
  • an act of inspection of a neighbor’s home, if it proves the illegality of its use and maintenance;
  • confirmation of debts on utility bills.

Sample claim

The collected documents, or rather their copies, are attached to the statement of claim.

It contains information about:

  • those persons who submit it;
  • the court to which the claim is filed;
  • person(s) who are defendants.


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.

Can neighbors evict tenants?

The provisions of the Housing Code provide that the use of housing should not run counter to the interests of neighbors (Article 17 of the Housing Code of the Russian Federation). Moreover, Silence law establishes strict periods of time during which residents must not cause problems to their neighbors. We are talking about the night time - from 23:00 to 7:00 in the morning.

If neighbors notice that tenants do not comply with the rules of silence, they have the right:

  • Complain to the apartment owner

Those who rent out housing are interested in good neighborly relations with the residents of the entrance. Therefore, most often, after the first complaint, the owner will at least warn the tenants who are making noise. If there is no response, the apartment owner will evict the problem tenants and find new, decent ones.

  • File a class action lawsuit

It happens that the owner of the apartment does not care at all about the opinions of his neighbors. Some people rent out an apartment according to the principle “Move in, get money, forget.” If the owner of the apartment does not even try to calm down his tenants, the neighbors will have to file a class action lawsuit to evict the troublemakers.

Often tenants live in an apartment without any documents - for example, if the parties did not enter into a lease agreement. With this approach, eviction occurs with the participation of law enforcement agencies. Of course, if the apartment owner wants to do this. If he turns a blind eye to the first, second, third and subsequent noise of the tenants, the neighbors will have to take action through the courts.

How to evict neighbors who rent an apartment?

The legal way to evict tenants from a rental apartment in the neighborhood is to complain to the owner, and if this does not help, file a class action to force the eviction of tenants.

Not all owners pay the 13% tax on renting out an apartment. Therefore, if the case goes to court, the owner may be held administratively liable for illegal enrichment. That is why many owners try to resolve the conflict peacefully rather than take it to court.

However, there are also particularly stubborn homeowners who categorically do not want to evict noisy tenants. As we have already found out, the only remedy is to file a claim.

Procedure

There is a procedure within which you can evict neighbors' tenants for disturbing the peace.

So, instructions will be as follows:

  1. Establish the fact of systematic violation of the rights of neighbors (loud music, repairs, stomping, shouting, rows, dog barking, crying of a child).
  2. Visit noisy tenants and ask them to remain quiet.
  3. Notify the apartment owner about the inappropriate behavior of the tenants.
  4. Contact your local police officer - you will need to write a statement about the antisocial behavior of your neighbors.
  5. Invite a specialist from Rospotrebnadzor (Sanitary and Epidemiological Station) to establish the fact of a systematic disturbance of the peace.
  6. Organize a meeting of neighbors, obtain their consent, collect signatures (if possible).
  7. File a statement of claim in court - the defendant will not be the tenants who make the noise, but the owner of the rented apartment.
  8. Prepare the evidence base and pay the state fee.
  9. Contact the district court office at your home address.
  10. Wait until the end of the court hearing.

Further actions depend on the court's decision. If the claim is satisfied in full, the owner will be obliged to evict the noisy tenants. Very often, a decision is made to bring the landlord to administrative liability. Most likely he will be assigned fine, which will affect his subsequent behavior. Of course, the owner will demand compensation for the fine from the impudent tenants.

Read what to do with noisy neighbors in the article ““.

Documentation

It doesn’t matter whether it’s a class action or a claim on behalf of one neighbor – the documents for the court are approximately the same. Before evicting the tenants, the plaintiff will have to prove the violation of silence. Moreover, one case is not enough - it is necessary to prove systematicity, malicious intent, and an inadequate response to neighbors’ complaints.

List of documents:

  • original + copy of the plaintiff(s) passport;
  • original receipt of payment of state duty;
  • information about attempts to pre-trial resolve the conflict;
  • an extract from the Unified State Register or a certificate - confirms the powers of the neighbors;
  • copies of the district police officer's protocols;
  • acts of housing inspection by Rospotrebnadzor;
  • expert opinions on noise levels;
  • written testimony of witnesses (neighbors);
  • other documents.

Advice for neighbors: collect reliable evidence on noisy guests. The courts carefully examine the evidence base, and if it contains information that was obtained illegally, the plaintiff faces criminal punishment in the form of a fine of 100 thousand to 300 thousand rubles (Article 303 of the Criminal Code of the Russian Federation).

Application addressed to the district police officer

Neighboring tenants can disturb the silence not only at night, but also during the day. Few people would want to live in constant noise, so neighbors have every right to complain to the local police officer. But first you should politely ask the tenants not to make noise. It happens that people do not realize that they cause discomfort to others by relying on sound insulation in their apartment. Conscious and adequate residents will hear the essence of the complaints and reconsider their behavior.

If talking doesn't help, neighbors can make up collective complaint to the district police officer. The official will visit the people who are making noise and have an explanatory conversation with them.

Neighbors in the stairwell also have every right to contact the police directly - officers who arrive at the scene of the incident will draw up a report of violation of silence. It is possible that residents of a rented apartment will be issued an administrative protocol. The information will definitely reach the property owner, who will have to strictly warn the tenants.

Statement of claim (sample)

It is important not only to fill out a statement of claim, but also to submit it to the appropriate judicial authority. District or city courts deal with issues of eviction of citizens from apartments. The location of the court must coincide with the registration address of the rented apartment.

The plaintiff will have to fill out at least three statements of claim (according to the number of participants in the process: plaintiff, defendant and judge).

Information to be included in claim for eviction of noisy neighbors:

  • details and address of the judicial authority;
  • Full name of the plaintiff, and if a class action - a list of neighboring participants;
  • Full name of the defendant - it must be the owner of the rented apartment;
  • statement of the essence of the controversial situation;
  • justification of the neighbors' position;
  • listing of violated rights and interests, reference to legal acts;
  • clear claim(s);
  • list of applications;
  • date and signature of the plaintiff(s).

It is important to understand that a statement of claim is a powerful legal weapon against noisy neighbors. But at the same time, claims must be supported by a strong evidence base. Courts do not consider cases without proper evidence, so even the most well-drafted claim is not enough.

What is the price?

According to established practice, the plaintiff bears the legal costs of paying the state fee. Cost of filing a claim to evict noisy tenants – 300 rubles(Clause 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). Having achieved satisfaction of the claims, the neighbors can recover this amount from the losing party - the owner of the apartment (who will demand money from the tenants).

Deadlines

It is quite difficult to determine how long it will take to evict noisy tenants. Situations are different, which means the timing is different. Some neighbors manage to resolve the conflict peacefully. Others are forced to ask for judicial protection - therefore, court hearings alone will take up to 2-3 months.

Forced eviction with the help of bailiffs may not be necessary. Usually the owner evicts the tenants himself. And it is not profitable for tenants to persist - after all, for failure to comply with a court decision, they face a fine of 1,000 rubles (Article 17.15 of the Administrative Code).

Arbitrage practice

Russian courts take as a basis the established practice of eviction from residential premises. Before making a final decision, the court is convinced that the parties have exhausted pre-trial means of resolving the conflict. There are known cases of reconciliation between parties in the courtroom.

Often neighbors go to court with several demands. For example, if the tenants started renovations and damaged the supporting structure. Or the residents from below were flooded, which is why the latter had to renovate their apartment and re-glue the wallpaper.

Certain judicial nuances of eviction depending on the time of year - “ “.

Example:

The neighbors below complained about the tenants above - it turned out that the tenants forgot to turn off the tap in the bathroom, which resulted in a flood. The victims ordered an examination and assessed the damage caused to them. Along with the flooding of the apartment, the tenants from above systematically made noise in the apartment, listened to loud music, and received guests. The comments didn’t bother them at all, so they had to complain to the owner. The owner of the rented apartment was constantly busy and did not show proper participation in resolving the conflict. The neighbors were forced to involve the local police officer. The collected evidence formed the basis of claims for the eviction of noisy tenants. Another claim was for compensation for damage to neighbors below from flooding of the apartment due to the fault of the tenants. The demands were satisfied in full, the defendant (owner) was ordered to evict the noisy and careless tenants.

Example:

Rented apartment Gurenko S.K. was rented out. After the previous tenants were evicted, two student boys moved into the apartment. Soon loud music began to be heard from the apartment - it turned out that the students were members of a local rock band and were practicing their skills at home. Neighbors complained about the systematic violation of silence. The students were not deterred by the fact that it was night; it was more important for them to practice their favorite music. They ignored their neighbors' comments, often snapped back and continued to make noise. The person responsible for the entrance called the owner of the apartment with a request to deal with her tenants. Gurenko had to talk with the tenants - but they did not want to give in. I had to terminate the lease agreement unilaterally and evict the impudent tenants in accordance with clause 4 of Art. 687 Civil Code of the Russian Federation. The calm atmosphere in the house was restored.

We recommend reading

Top