In each house, whether it is private or multi-unit, certain rules for peaceful neighborhood are provided. First of all, these include compliance with the rules of silence, fire safety, sanitary, environmental and other norms. So, if the neighbors get it, allow themselves inappropriate behavior, who has the right to file a complaint? How to write a paper? Where to submit it? Answers are presented in the article.
Who has the right to file a complaint?
Most often, the owner of a neighboring apartment or house, which is located nearby, is filing a complaint about violation of the rights of tenants due to improper behavior of a neighbor, if it is not about the private sector. Today, rental housing has become very common. So now the question arises: do tenants who are not owners, but only rent an apartment, have the right to write a complaint to neighbors?
Here the principle of protection of rights does not apply. This means that there is no difference whose rights are violated by unscrupulous neighbors - the one who rents a house, or the one who is its rightful owner. So any person whose rights are infringed has the right to write a complaint. Therefore, we take a pen and paper.
What to do if neighbors violate rights
If there is a failure to comply with generally accepted rules of neighborhood, residents are entitled to file a complaint against neighbors with the district or relevant authorities for violation of their interests and rights. The filing of such an appeal is provided for by law in the form of an individual or collective application.
A complaint against the neighbors of the district police officer (sample below) is filed in any case if there is a restriction on the rights of residents of the residential sector, and the actions of the neighbors are an administrative violation.
Types of complaints to neighbors
- An individual complaint is submitted from one resident to a neighbor.
- A collective complaint is filed by several residents.
Are you tired of noisy neighbors? The most effective way to deal with them is to file a collective complaint. After all, it reflects the opinion of several dissatisfied neighbors at once, which, in the opinion of the competent authorities, is more objective.
Reason to complain to the district police officer
The grounds for filing a complaint depend on the type of violation:
- Federal Law No. 52 of March 30, 1999 on Sanitary and Epidemiological Well-Being of the Population says that noise is a significant violation of the rights of residents. 30 decibels - the maximum noise threshold from 23:00 to 7:00. 40dB - the maximum threshold from 7:00 to 23:00. The time for repair and construction work is strictly determined by working days only from 9:00 in the morning to 19:00 in the evening.
- The noisy disagreements of neighbors, which sound similar to committing violence or a serious crime, can be considered by a local policeman by paying a visit and recording violations that have been heard or seen.
- Article 6.4 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability (fines) in relation to neighbors who litter in the stairwells, near the house, in the common pre-apartment territories.
- Violation of the norms of keeping animals and their walking is also a basis for complaint. If the neighbors contain a large number of animals that make a noise or have a strong natural smell, the district police officer must consider the matter.
- Housing redevelopment.If this is not notified to the relevant authorities, and if it touched the supporting structures, or the neighbors decided to supplement their housing with common territories, this is a violation of the law.
- The problem of frequent floods is decided by the courts.
How to write a complaint to neighbors
A collective complaint can be made if violations of the rights of tenants occur regularly (it does not matter which or which violations occur, be it disturbance of peace, smoking, or poor hygiene), while neighbors do not pay attention to the requests of other residents. The complaint about the neighbors of the district (sample) for each specific case is made a little differently, otherwise the circumstances of the violation are painted.
Primary requirements
For the correct writing of a collective complaint against neighbors, certain requirements must be observed:
- The heading indicates the name of the body to which the appeal is submitted, or a specific authorized person who will competent to consider the application, i.e. precinct. His name can be found at the police station at the place of residence.
- The list of dissatisfied residents. The full name, address of each complainant, their contact numbers are fully indicated. An anonymous statement is accepted for consideration only when it contains specific data about a serious crime.
- Address and telephone number of the recipient of the response.
- The main part of the complaint indicating the alleged offender with a specific statement of his guilt.
- The list of legal grounds.
- Requirements for a careless neighbor.
- At the end is the date of compilation. Also, the document must be signed by everyone who agrees with the complaint.
The main part of the complaint
This part of the application must contain:
- The essence of the complaint: where, when, who and under what circumstances violated the order. Everything is described as accurately as possible, explaining how events developed, indicating to which of the residents the discomfort was delivered.
- Suggestions of victims on carrying out measures applicable to the violator: carrying out explanatory work, eviction, etc.
Features of the appeal
When compiling a complaint, you need to consider some features and rules:
- The writing style should be businesslike. You should abandon the use of slang expressions, words with vivid exaggeration, obscene remarks. Suggestions should be used mainly simple, not very long, understandable. The thought should be stated clearly, strictly on the facts, in chronological order.
- Emotions in a statement are inappropriate. A text written in a strict business language will produce a greater effect on the precinct. The statement should not contain bulky, full of “water” complaints, in which nothing is clear and the essence is not stated.
- Only facts should be present. The factual statement should look something like this: “At five in the morning, [date], I [Name of the person on whose behalf the complaint is made] was woken up by Ivan Ivanov, who turned on the music loudly and began to sing.”
- The volume of the complaint should be optimal. Too short a summary of the information will not make it possible for the district police officer to understand what actually happened. Too long a complaint is easy to get confused. It’s best to use an average amount of information.
- The requirements for a neighbor should be clearly described, but not overstated. Too harsh and absurd requirements (for example, a fine of 20 thousand rubles for the cat being scared and scratching her hand) are unlikely to be satisfied.
- References to legislation governing tenant rights. In this part, it is necessary to indicate which laws have been violated. This will shorten the time for considering the complaint, which means that the process of taking action will be reduced.
Statement Structure
Filing a complaint to the state law enforcement agency requires compliance with a certain procedure for writing it:
- The authorized person, his full name, plot number, address of the applicants, their full name with the numbers of apartments, telephones are written in the upper right corner.
- The name of the statement (collective statement) is written in the middle.
- Next are the introductory and descriptive parts of the document with a specific description of the time and actions, indicating the offending neighbor.
- The requirements regarding the offender, if any, are indicated.
- After all the compilers, a statement is signed and the date is stamped.
What additional evidence can be attached to the application?
Communication with the district police officer on a complaint against neighbors can occur orally. Residents may submit evidence in addition to a complaint about a neighbor to the police:
- video, photography of a conversation with neighbors on removable media;
- audio recordings of conversations;
- testimonies of other residents;
- expert opinions, inspection certificates.
True, unfortunately, a complaint about noisy neighbors is a complaint about a violation that is difficult to confirm by other methods. Only testimony is taken into account here.
Where else can I write a complaint
Can I file a complaint with other bodies besides the police? Of course, in some cases, by the way, it is even necessary to first contact, for example, the fire department or the prosecutor's office. Where to write a complaint about the neighbors:
- You can apply for neighbors with a homeowners partnership, if one exists. You can apply to the management company. These groups transmit a document on violations of order to the State Housing Inspectorate. They are also authorized to include such structures as the Rospotrebnadzor, the fire inspectorate or other inspection structures in the proceedings. If the managing organization has not responded, then you must file a complaint with the appropriate authority yourself.
- Contact the fire inspectorate for unsafe use of pyrotechnics or non-compliance with fire safety rules.
- With an increased degree of noise, excessive clogging, dirt and violation of other norms of basic sanitation, you should contact the Federal Service for Supervision of Consumer Rights Protection and Human Well-Being.
- When carrying out late repair and construction work or work that entailed damage to the residents' housing property, they have the right to contact the executive authority or the housing and communal services body that exercise control over the improvement objects.
- An effective way to deal with troublemakers is to complain about a neighbor to the police, especially if the violations occurred more than once.
- You can complain to the prosecutor. Her obligations include the consideration of such cases. For example, if neighbors abuse alcohol, drugs, or take suspicious people home, contacting the prosecutor’s office will be an effective way of fighting.
- Residents have the right to file a class action lawsuit. It is necessary to describe the essence of the case, the requirements, and the residents themselves will become witnesses to confirm the evidence.
Sample Alcoholic Neighbor Complaint
So what about specific samples? Below, for example, a complaint is presented about the neighbors of the district policeman (sample) if they drink too much:
To the district commissioner
3 police departments of the police department
Martynov Petr Nikolaevich
from Kravtsov V.V., Moscow, st. Anadyrskaya, 16, apt. 32
Veselkina S.A., Moscow, ul. Anadyrskaya, 16, apt. 30
Kobozeva O.N., Moscow, st. Anadyrskaya, d.16, apt. 27
Statement (complaint)
Our neighbor, Pavlovsky Mikhail Sergeyevich, who lives at the address: Moscow, st. Anadyrskaya, 16, apt. 31, regularly violates the silence at a later time (after 23 hours). In a state of intoxication shouts loudly, brings alcoholic friends, swears with them. Noise is in excess of the permissible value.
So, on June 20, 2017, according to the testimonies of S.A. Veselkina, after midnight a drunk company of four people was smoking in the stairwell, while speaking loudly using obscene language.
Mr. Kobozeva O.N. testifies that on June 25, 2017, at about 6:00 in the early morning hours, from the apartment No. 31 the sounds of a fight and scolding were heard.
On requests to make music at night quieter Pavlovsky M.S. did not react in any way. Usually he does not even come to the door and does not open it. But when this happens, he meets us with obscene language and threats.
Based on the foregoing, we categorically insist that we consider the present complaint and take measures in relation to the citizen, namely: to send MS Pavlovsky for treatment, as well as to bring him to administrative responsibility.
June 28, 2017
V.V. Kravtsov ________
S.A. Veselkina ________
HE. Kobozeva ________
A complaint about smoking neighbors, for unsanitary conditions, for keeping a large number of animals, etc., is made in the same form.
What about other types of complaints? In the picture above, for example, a complaint about the neighbors of the district policeman (sample), if they listen to music loudly, than disturb others.
Finally
The precinct officer is authorized to take action in case of violations. A complaint to a local police officer about neighbors is filed under any circumstances that violate the law and the rights of residents of neighboring apartments. He must keep an eye on the territory attached to his work site. If the neighbors got it, the district police officer should help.
In addition, the policeman is obliged to call the perpetrators accountable in order to restore order. The complaint against the neighbors of the precinct must be drawn up according to the model, correctly, without errors, with the essence of the incident fully disclosed.