Inadequate neighbors

Contacting social services

It must be remembered that if a person with a mental illness commits a crime, he is subject to compulsory treatment. Then it will be returned to the place of registration.

Thus, even the commission of a crime by a neighbor will not free you from his presence.

Therefore, if you are bothered by an inadequate neighbor, you need to take care not only of your own safety. First of all, you need to worry about his condition. Since it is the stable state of the neighbor that guarantees you peace and security.

Therefore, in relation to citizens who clearly have a disability, and the elderly, it is necessary to involve social services.

It is the employees of social protection or social service centers who are more interested in the safety of mentally unhealthy citizens.

In order for a special commission to visit your neighbor, you must contact the social protection department or the social service center at the place of residence. The statement should explain what the problem is.

For example, an elderly woman lives alone. She collects cats. As a result, they live in unsanitary conditions. Possibly starving.

Social services are required to verify such a signal. If confirmed, a psychologist can be called to the woman. If you suspect a mental illness, a psychiatrist will be invited to a neighbor.

If the unfavorable situation is confirmed, the neighbor can be transferred to a specialized boarding school.

Contacting the traffic police

If a neighbor parks his car in such a way that it gives you inconvenience when leaving the entrance, and he does not respond to verbal polite requests, this is a reason to contact the traffic police. Now you don't even have to apply. You can take a picture of the violation and send the photo and a short text to the traffic police account in your city on a social network. As a rule, such appeals are responded to very quickly, the neighbor will receive a notice of the fine in the near future. If you want to get a neighbor deprived of the right to drive a vehicle, this can only be done through the courts.

Another reason to complain about a neighbor to the traffic police is the constant alarm of his car, even at night. By law, the alarm can be noisy from 7 am to 11 pm. If this happens at other times, the neighbor violates your right to peace and quiet. Fix the fact of breaking the silence at night - the neighbor will receive a fine of up to 2000 rubles.

Drunkards and brawlers

Neighbors who constantly drink and rowdy pose the greatest danger. In addition to disturbing the peace, a drunk person can leave the gas or heater turned on, endangering the safety of all residents of the house.

If there are alcoholics or drug addicts living near you who bring strangers into the house, arrange brawls and do not respond to requests, do this:

Find out the names of the neighbors and the ownership of the apartment. If they are only tenants, it will be easier to evict them;
Contact the police, the district police officer, so that acts are drawn up on the fact of the violation;
Call the sanitary and epidemiological station for an examination - usually in such apartments there is complete unsanitary conditions and a mess;
Collect the signatures of other residents, if possible, take notes and photos of brawls and file an application with the court.

The culprits will be punished for violating the law on peace at night, exceeding the sound level during the day, violating sanitary and hygienic standards.

In addition, if mass gatherings are organized in the apartment, the article on the use of living space for other purposes will be applied.

Negotiation

The easiest and most common way to resolve a problem is to try to make contact and discuss unpleasant moments in a conversation. In order not to aggravate the relationship by contacting the authorities, try to go to the neighbors.They may not even realize that they are bothering you. For example, your upstairs neighbors may live on the very top floor. Therefore, they may not know that they are stomping too loudly on the floor, because there is no one above them who could cause them the same inconvenience. If your neighbors have children, they may make noise while playing. Often parents get so used to such noise that they don’t even realize that it can annoy someone. Even neighbors below can make noise, and you will hear them, since there is practically no sound insulation in typical new buildings. How to communicate effectively with neighbors?

Visit them at a convenient time (not too early and not too late), it is desirable that all members of their family, including children, if any, are at home.
Do not make claims from the doorway, first introduce yourself, then ask their name (if you don’t know each other), then competently and calmly explain that something that the neighbors are doing is bothering you. Do not get personal, do not blame them, talk more about yourself, about how they cause you inconvenience.
Preliminarily write down all your claims on paper and peep into it in a conversation. There you can enter the dates and times when the noise or music bothered you the most.
You can take a small hotel with you, so you will win over people.
Listen to your neighbors, be attentive to their explanations.
At the end of the conversation, gently hint that if this happens again, then you will be forced to resort to more stringent measures to resolve the problem.

if people living nearby give you inconvenience, then take action, they will be dealt with

Contacting the police

Therefore, if a neighbor threatens, uses violence, spoils things, you must immediately call the police squad.

Important! You need to call only on 02. This is the telephone number of the duty unit

All calls to him are recorded. The probability that the message will be ignored is minimal.

If the employees of the district department know that a mentally ill person lives at this address, they can ignore the messages of citizens.

To avoid this, it is necessary to report only in case of a threat of violence or physical coercion.

Example. Citizen R. called the police squad when her schizophrenic neighbor smashed the metal door to her apartment with a hammer. The appeal was made on 112. The outfit never arrived. After 2 days, she called the district police officer. A police officer came to the call and recorded damage to property.

An alternative option is to contact the precinct. To do this, you must apply to the head of the police department.

The employee will visit the apartment of the violent neighbor and have a conversation with him. Although this method rarely has a real result, it is necessary to collect papers that confirm the appeal to the police.

Appeal to the district

Many residents of apartment buildings have faced such situations when negotiations with neighbors lead to nothing, and more effective methods of struggle have to be used. For example, neighbors do not stop constantly making noise or smoking in the stairwell. All this is a reason to contact your precinct. Each district of the city is assigned a local police officer, who is obliged to respond to your complaint. The application is submitted either in writing (free presentation) or on a special form, which is filled out directly during the visit. You can also express your claims orally, however, the official will be required to record all this, and you, as the applicant, will sign. It is not in the interests of the district police officer to leave your problem without a solution - in this way he can be reprimanded and lose his position and even his title. Usually, it takes from 3 to 30 days to consider the application.

If you write a statement on your own, remember that the presentation must be clear and competent, not to allow the expression of feelings and emotions.You must indicate in detail the place and time of the events, describe the circumstances of the incident in detail. There is no place for conjectures and conjectures in the statement. It should describe only the facts that you yourself witnessed. It must be written in the first person. At the end of the application, you must indicate a list of measures that, in your opinion, should be applied to your neighbors. Be sure to indicate the date and sign with a transcript at the end of the appeal. If you doubt that your application will be responded to, you can send it by registered mail with notification. Or you can come directly to the district police officer with two copies of the application and ask for a stamp of admission for consideration on your copy. Based on the results of the verification of the circumstances, the official will be required to report on the processing of your complaint and on the measures taken.

How to deal with alcoholic neighbors legally

Drinking people are quite common among tenants of apartment buildings.

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

Meanwhile, in such situations, the law still stands on the side of respectable tenants. The Housing Code of the Russian Federation (Articles 17.91 and 83), the Civil Code (Article 293) and the Code of Administrative Offenses of the Russian Federation (Article 7.21) provide for measures to protect against noisy and otherwise inconvenient neighbors.

An alcoholic neighbor, on the basis of these laws, can be punished with an administrative warning, a fine, eviction, and even deprivation of housing. Eviction is an extreme measure, and the procedure depends on the basis on which the brawler lives in this living space. What are the legal methods of dealing with violators of the order, read here.

Scandals and threats

Constant claims can arise on different grounds. In judicial practice, there have been cases when neighbors accuse others of flooding, while the defendants refute and prove the opposite. What to do in such cases?

If the neighbors are constantly arguing for a certain reason, for example, believing that you flooded them, interfere with them with music or repairs, you should find out the reason for the behavior. Call a plumber who could assess the condition of the pipes and draw up an act. Flooding is really possible, but not from your pipe, but from a common riser. Then there can be no personal claims.

When it comes to repairs or music, neighbors do not have the right to make claims against you when the repair is on time and the noise level does not exceed the permissible limits. These norms have recently been somewhat different depending on the region and are spelled out on the websites of local government.

If the reason is not your fault, and the scandals continue, call the district police officer, show the documents that refute your guilt. The district police officer will talk to the brawlers and draw up an act about this.

In the event that his actions did not bring success, go to court to recover moral damages. Record scandals on a voice recorder, collect papers proving your innocence and acts of contacting the police.

If real threats from neighbors are directed at you, they must be recorded on a voice recorder or at least documented with the district police officer. For threats to health or life, article 119 of the Criminal Code of the Russian Federation is provided, promising the violator up to two years in prison.

Contacting the managing organization

You can punish your neighbors for a leak by contacting your Management Company. Immediately during or immediately after damage to your property due to flooding due to the fault of neighbors from above, call a representative of the management company to draw up an act on the flooding of the apartment. He takes photographs of evidence of harm, and after a day he gives you the finished act.Based on the act, you can calculate the approximate amount of damage yourself and ask your neighbor to voluntarily pay you the due amount. If he disagrees, take a receipt from him. Next, you must apply the act of causing damage to an independent examination. With an expert opinion, an act from the Management Company and a receipt from a neighbor refusing voluntary compensation, you can go to court, which will forcibly recover money from the culprit in your favor.

department of guardianship

If it seems that the neighbor is insane, it is necessary to clarify whether he is not deprived of legal capacity. Often relatives of incapacitated citizens arrange guardianship over them and receive their pension.

After that, the disabled citizen is left to himself. Unscrupulous guardians do not carry out planned hospitalizations. And they do not control the treatment of the ward.

In such a situation, it is necessary to report the unfair actions of the guardian to the guardianship department at the place of residence. Specialists will be required to check the signal.

The first time the guardian will receive a warning. If after that the situation does not change, it is necessary to repeat the signal.

If the specialists of the guardianship department do not take measures to resolve the situation, it is necessary to complain to higher authorities. The application must be sent to the district prosecutor's office and the regional ministry, which oversees issues of guardianship of the incompetent.

The reason for the complaint should be the prosecution of the perpetrators for inaction.

In case of a proper response, the guardian will be removed from his duties, and the incapacitated one will be placed in a specialized institution.

In this situation, we are not talking about a psychiatric dispensary. Incapacitated citizens who do not pose a danger to others are placed in boarding schools.

Arbitrage practice

In practice, there are much more applications to the court with a request for involuntary hospitalization than the facts of positive decisions. It is believed that in Russia forced psychiatric treatment is one of the methods of political influence. And it is very difficult to hospitalize really sick citizens.

Example. Neighbors repeatedly complained about the actions of an elderly woman living in the house. She was a garbage collector. At night, she knocked on the battery. She often complained to the police that the neighbors from above irradiated her with waves. Upon inspection of the apartment, it turned out that the ceiling of the apartment was trimmed with foil. When she realized that the neighbors wanted to hospitalize her, the woman stopped leaving the apartment during the daytime. When visiting a psychiatrist, she did not open the door. Also stopped opening to the police. From her apartment, cockroaches scattered throughout the house and an unpleasant smell spread. The situation was resolved only after 5 years of active work of the social service. An examination was carried out and the woman was referred for treatment. At this time, relatives took out the garbage from her apartment.

Neighborhood with an inadequate person negatively affects the residents of the house. But the process of struggle can take a long time. For the best result, it is necessary to unite all the neighbors that this citizen interferes with. In order for the process of struggle to take place exclusively in the legal field, it is advisable to obtain legal advice. The specialist will warn against incorrect methods that may entail liability for the neighbor himself.

First steps towards eviction

How to get rid of drunk neighbor?

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

Every violation by a noisy neighbor should be stopped with the help of the police. You can call outfits or ask for help from the district police officer. By the way, your joint actions to solve the problem with other residents of the house will be much more effective.

Collective complaints will have a greater effect, and the district police officer will have to actively respond to them. Read more about how to write an application to the district police officer here.

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

Of course, one cannot count on a quick solution to the problem. Therefore, be patient and do not deviate from the intended goal.

Inadequate neighbor on the board. How to fight in the legal field

“A wonderful neighbor has appeared in our house” - this is about us) Five-story house, entrance-16 apartments, occupied by 13, 3 stand without owners or are rented out. The entire entrance knows each other well by name, everyone has normal relations, visits, vacations, they drink a lot of beer together, etc. At the entrance there are 9 children aged 0.6-7 years (2 of them, one of the youngest are mine), no one has ever had problems with repairs and other things. it’s necessary, someone hammers, someone interferes, they called, they explained that the child was sleeping, the hammering was interrupted for an hour or two easily. There are also no problems with rest-guests-partying, no one is particularly indignant at the allotted time, after 22:00 no one makes much noise.

At one fine moment, one apartment was sold and OH moved in with his mother and grandmother. A 24-year-old 100-kilogram, unemployed, sitting at a computer at night, and sleeping during the day, "a foal" (according to his mother and grandmother). Man never really leaves the house. Many neighbors have NEVER seen him in 4 years. But in the last year or two, OH has begun to show itself actively. I changed the floors in the bedroom, and at 2 o'clock in the afternoon HE started jumping on the ceiling (he lives right above me) until the inter-slab seams crumbled. Literally. I went - he does not open the door, he only yells that he will jump until I stop making noise. At the same time, the neighbors UNDER me were not very concerned that I drove the anchor into the holes drilled by the perforator into the concrete slab into their ceiling. Only sometimes they asked to interrupt while the daughter went to bed (she was then about six months old, so she often slept during the day, yes). Then HE began to hammer on his ceiling EVERY day, because the neighbors above him also have a little kid running around during the day (no, it may be noisy, but dear, you live in an apartment building). Then HE started pounding on the battery at any time of the day if my baby started crying. Day-night-*****. Dodolbilsya to break the riser and flooded me. For some reason, the examination decided that it was the wear of the riser and the housing office had to pay. At the entrance, the same doors are regularly doused with urine and thrown eggs (more precisely, mine is under it and the neighbors above it). Everything is done at night. As soon as someone goes out onto the balcony, wild scribbling begins on the batteries and walls, if I also jump on the ceiling

At any time of the day, day, morning, evening, it doesn't matter. And today the apotheosis happened

Neighbors across the floor from him hung a shelf from above at 13:40. He decided that it was the neighbors across the wall from him, went out to the balcony and slashed the glazing of the neighbors' balcony (the balconies are end-to-end, it's easy to reach with your hand). The police arrived, he told them, “well, they prevented me from sleeping, so I went out and broke it, and so what.” The police groaned, accepted the application and left. To the complaints of the entire entrance, she said, “He does not show aggression, which means he is not dangerous. Pissed doors do not have material damage. Write statements. If he attacks several times, then we can talk about a forced psychological examination.” The person does not work, he has nothing to pay. The fact that it is possible to make a working mother pay for an adult stooge, I personally doubt it.

Do not offer options “to give a light to the whole entrance”. Firstly, the person is really big, and secondly, he NEVER leaves the apartment and does not open the door to anyone. Thirdly, 146% guarantee that an application for a group attack will be written. His mother can’t cope with him and doesn’t want to, only “he’s a foal, they interfered with his sleep during the day.” Are there any methods in the legal field so that he goes somewhere to treat his head? forcibly? For so, the doctors came, they offered, he said "no" - the doctors left.

Maybe someone will find it funny, laugh) but it's really some kind of sur. The whole entrance can do nothing with one sick duck.

Entrance management and permanent repairs

Repair at the neighbors is the topic that most worries the residents of high-rise buildings. Moreover, having received several warnings at their own expense, the neighbors begin to do repairs in spite of others during the rest.

In this case, laws on the observance of silence and on the level of noise will come to the rescue. The time of day when repairs can be carried out depends on the region, but on average it is in the range of 8:00 - 21:00. And even then you can not use any technique.

The maximum permissible level of noise and vibration must not be exceeded. If a neighbor does too loud work even in the daytime, call SanPiN specialists to measure the noise level and contact the police - the workers will indicate how many decibels the norm established in your region has been violated.

As for residents who do not take into account common house property: hooligans, break windows in the entrance or break doors - the article on damage to common house property promises violators a fine plus payment for repair work to restore.

It is not worth doing anything on your own - contact other residents, collect a general statement to the police and the management company to assess the damage to common property. General house appeal will simplify the process of punishment.

In the event of a systematic violation of the laws on the disposal of common house property and the observance of order, tenants are threatened with eviction without the provision of other housing.

When to Expect Eviction

Wars between neighbors sometimes reach almost open hostilities, including eviction. It is quite difficult to evict a homeowner, even if he is an avid alcoholic, but there is also a law for such cases that regulates the eviction of tenants from their private living quarters:

The use of living space for purposes that make it non-residential - warehouses, offices, nurseries;
Constant violation of the rights of residents of the house;
Destruction of the premises and load-bearing structures, as well as plumbing and coatings, including unauthorized redevelopment.

Article 91 of the Housing Code of the Russian Federation allows tenants and their families to be evicted without providing other housing. First, the violator is informed that a judicial investigation will take place and that he must stop the violation. If the information was ignored by the perpetrator, and he continues to behave in the same spirit, the court approves the eviction.

Procedure according to housing status

There are factors influencing the peculiarities of the procedure for evicting an alcoholic from a dwelling. How to evict an alcoholic:

From public housing

The owner of municipal housing is the administration of the city or rural locality. The tenant of such an apartment is obliged to comply with the terms of the social tenancy agreement, on the basis of which he occupies such living space.

An alcoholic can be evicted from an apartment owned by the authorities on the following grounds:

non-payment of utility services for six months;
inadequate sanitary and technical condition of the apartment provided to the tenant;
residence in the apartment of strangers without a residence permit.

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

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

It is more expedient to act in these circumstances with the involvement of a competent lawyer, otherwise all attempts will be in vain.

As in other cases, you need to complain to the Ministry of Internal Affairs for every fact of violation of the order. Contact the SES with a complaint about the inadequate condition of the apartment.

But the only effective way will be a collective appeal to the court. Only this measure will give a chance to move the drunkard away from you.

In these circumstances, the appeal of the management bodies of an apartment building can be really effective: HOA, UK or local governments. If there is reasoned evidence, the court is likely to rule in favor of those filing a claim.

You will have to go to court twice. First, the court may issue a warning to the alcoholic neighbor, demanding to stop the violations and bring their own housing in proper condition.

It is unlikely that a descended person will fulfill these requirements. After the expiration of the period for correcting the situation, a re-application will be required. After that, the alcoholic is likely to be evicted. Housing is put up for auction and the owner, having received them, can purchase another apartment.

non-payment for services;
violation of the rights of neighbors;
inadequate sanitary condition of the dwelling and common areas.

It is necessary to act in the same order: first, file complaints with the police, the SES, and the Housing Inspectorate. Then, together with other residents of a communal apartment, file a lawsuit with a demand to collect debts for housing and communal services and bring the living space into proper condition.

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

Submission of a collective complaint to a psychoneurological dispensary

If a neighbor interferes and threatens not only you, but also other neighbors, you need to join forces.

Law No. 3185-1 of 1992 provides for the possibility of hospitalizing a citizen in a psychiatric hospital only with the consent of the patient.

For involuntary hospitalization, three factors must be met at once:

the citizen has a mental illness;
treatment cannot be carried out outside the hospital;
the consequences of his behavior may be harm to third parties or to himself.

Possible consequences for the patient, which are the reason for hospitalization:

danger to one's own health or the health of others;
his helplessness (the inability to provide for himself on his own);
possible harm to his mental health if help is not provided immediately.

Procedure for involuntary hospitalization:

Preparation of a collective statement.
Appeal to a psychiatric dispensary with a hospital.
Visiting the head physician of the dispensary.

The head physician will examine the application and make a decision about visiting a potential patient by a district psychiatrist. The specialist will independently go to the house of a neighbor.

The disadvantage of this situation is the possibility of refusal of the patient from the examination. A citizen has the right to simply not open the door to a doctor. Of course the district psychiatrist wouldn't wait outside the door.

If the possibility of examination is provided, then the person can be placed in a hospital for 48 hours. In case of detection of alarming factors, the head physician goes to court within 24 hours to obtain a decision on involuntary hospitalization.

Important! With a stable remission, the patient will be sent home. In the event of a re-aggravation, the neighbors will have to start all over again

Sample application to a psychoneurological dispensary

An application to a psychiatric dispensary can only be submitted in writing and in person. Anonymous appeals will not be considered by the head physician.

The application must contain the following information:

name of company;
data of the head physician;
information about the applicant (applicants);
name of the application;
request for hospitalization and measures for compulsory treatment;
description of situations that indicate the disease of a citizen;
description of applications (information about calling the police, psychiatric team);
date and signature.

Sample application to a psychoneurological dispensary

In accordance with the law, only a representative of an organization that has a hospital is vested with the right to apply to the court to obtain permission for involuntary hospitalization. Therefore, the appeal should be addressed only to such a psychiatric institution.

Complaints Algorithm

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

The complaint is made out one, at once from several affected persons.

After the last name and position of the person in whose name the document is drawn up, list the full names of all persons dissatisfied with the actions.

To provide an answer, the address of one of the residents of the house is proposed.
Describe the specific situations that have developed with each of the tenants.
Specify the articles of the law that are violated by the actions of a neighbor - an alcoholic.
Be sure to include your requirements at the end. Specify specifically what, in your opinion, should be done by law enforcement officers or inspectors of the organizations you contact.
At the end of the collective complaint must be the original signatures of each applicant.

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

Conclusion

Problematic neighbors are very different and the list is endless.

The main thing not to do is to tolerate violations of your rights to peace, comfort and sanitation.

Collect evidence, no matter how much, contact the police and call the district police officer, pay for the examinations of the relevant institutions - the money spent can also be demanded from the defendant in court.

Any infraction, from petty mischief to a threat, can and should be punished. The legislative framework provides citizens of the Russian Federation with a good support for defending in court against inadequate tenants who have not learned the rules for living together in apartment buildings.

https://youtube.com/watch?v=5sUGy0lTwy8

Inadequate neighbors

Contacting social services

Contacting the traffic police

Drunkards and brawlers

Negotiation

Contacting the police

Appeal to the district

How to deal with alcoholic neighbors legally

Scandals and threats

Contacting the managing organization

department of guardianship

Arbitrage practice

Recommended posts

First steps towards eviction

Inadequate neighbor on the board. How to fight in the legal field

Entrance management and permanent repairs

When to Expect Eviction

Procedure according to housing status

Submission of a collective complaint to a psychoneurological dispensary

Sample application to a psychoneurological dispensary

Complaints Algorithm

Conclusion