Neighbors are people with whom someone is lucky, but someone not so. Therefore, sometimes it is worth thinking about how to evict neighbors, moreover, by law. It doesn’t matter what kind of option we are talking about - roommates in a communal apartment or just behind your wall / above your head. Legally evicting neighbors is a very serious and complex process. It will have to be studied from all possible sides. Just keep in mind that in practice it is extremely difficult to put an idea into practice. Especially if you decide to annoy the neighbors only for personal reasons. After all, laws, while protecting your rights, do not give you complete freedom of action. And eviction is a very serious decision. And as a rule, it is not so often possible to come to him.
Legal measures
How to evict neighbors? This question is really difficult. But if you are unlucky with your neighbors, then most likely you have already thought about it. Please note that it’s not so easy to go and bring the idea to life. For unscrupulous neighbors provides a variety of rules for adjusting behavior. Which ones?
Firstly, if you complain about someone, the offender may receive a normal warning. It is called administrative. This is the first measure prescribed by law. Secondly, when neighbors make noise (or otherwise violate your rights), you can impose a fine on them. Thirdly, eviction threatens only those who under the contract of employment live in the territory. But there must be good reason for this action. Fourth, if the neighbors are the owners of the premises, then they can be deprived of their property rights. This is a fairly rare occurrence. But how to evict neighbors? Indeed, such a probability, although small, takes place!
We are looking for reasons
So, in order to evict someone, you need to have good reason for the commission of this act. Indeed, modern Russian legislation, in particular the Housing Code, protects the interests of all residents. According to the laws, no one just has the right to evict a citizen from his home. And this must be taken into account.
What if you and your neighbors are out of luck? You can evict them, but first find the grounds that seem really good. These include:
- alcoholism living, drug addiction;
- hooliganism;
- systematic or permanent violation of silence during the prohibited time.
In principle, that’s all. These reasons should be enough to ensure that your neighbors (behind the wall or from above - it doesn’t matter) become candidates for eviction. Only, as already noted, few will be engaged in this process. Usually, things do not go beyond fines and warnings. But trying your luck is worth it. Maybe you will be able to evict unscrupulous tenants who are already tired of everything.
When are they evicted?
By the way, the above reasons for eviction are not unique. They are simply easier to prove. And they are common in practice more often than all others. But there are still some reasons with which to operate. Let's consider which ones.
How to evict neighbors who do not allow others to live normally? For what reasons can I make a complaint and hope to satisfy your request? Firstly, a systematic violation of the rights of other residents (just the variants of such violations are listed above), secondly, the use of the premises for other purposes, for example, as a brothel, and thirdly, improper care of the housing, leading to its destruction.
It is for these reasons that you can try to evict unscrupulous neighbors. Only in practice, not everything is as simple as it seems.
Hiring
And now more about our process today. The thing is that a lot depends on how your neighbors live in the apartment. If they are owners, then this is one thing. And when under a social contract of employment, it’s completely different. Let's start with the second option.
Usually, when neighbors are noisy, you can try to negotiate with them. But not everyone knows the measure. And so often have to complain. If your rights are violated by other residents living in an apartment under a contract of employment, you need to contact the local police or threaten the police. First, violators will be given a warning, then they will face a fine. Moreover, as a rule, things do not go beyond this - either violators learn to respect the rights of other residents, or simply no one wants to continue the fight against rowdy from the law enforcement agencies.
When the district police officer has already arrived several times, fines are issued and paid, but the result is still zero, you can go to court. Your case will be examined, and if it is possible to prove malicious violations of your rights, an eviction will occur.
Conversation with the owner
There is another option that can help in some cases. When your neighbors on top (or behind the wall, for example) violate the living conditions in an apartment building, you can try to talk with the owner of the premises (landlord). Let him first influence his tenants.
Did not work out? Then you have every right to demand eviction. And directly with the homeowner. It’s not worth bringing the matter to court. Although even if the owner of the apartment could not cope with the violators, there is no other way. Especially if the district police officer already arrived at the address of the violators and made several warnings.
All is mine!
What else is worth paying attention to? For example, in cases when we are dealing directly with the owners of the apartment. That is, when neighbors (alcoholics, drug addicts or just very noisy people) own the housing in which they live. In this case, you have to act differently.
By the way, eviction of a non-owner is easier. But if a person has a share in the apartment, then the business takes unforeseen turns. According to the Housing Code, you cannot use the home for other purposes. For example, open a hangout or a nightclub. Any violation of the living conditions in an apartment building should be punished to one degree or another. Sometimes even eviction threatens.
But do not rely too much on this. After all, first the owner of the local government will warn verbally that he would stop violating the rules of residence. When there is no result, the relevant organization has the right to evict the offender in court.
Not always
True, there are exceptions too. And in order to understand them, one should turn to the Constitution of the Russian Federation. The thing is that no one can evict the offender from his apartment when this is the only housing. That is what the main document of the country says. That is, no one has the right to leave the owner without a roof over his head. Even if the resident is an alcoholic or drug addict. Therefore, it is worth paying attention to the features that are taken into account by the Constitution of the Russian Federation. Maybe you really can’t bring the idea to life. But when such a probability takes place, you can use it. The main thing is to prepare correctly.
The whole team
If you have too noisy communal neighbors or just outside the wall (above), and you also know that eviction takes place, it’s worth collecting some list of documents that will help you in implementing the idea.
For example, a collective complaint is written by you and your neighbors. Try to systematically complain about unscrupulous residents. Then, most likely, your business will be dealt with. In the complaint, be sure to indicate all the nuances that only concern you.Remember, the more neighbors you support, the better. So try to collect more like-minded people.
Proof of
A collective complaint is written - what next? Now you can collect evidence of your words. Without them, you cannot achieve the result. Unless you are accused of slander. Therefore, you will have to try to prove that your rights are violated by your neighbors.
What can help here? Firstly, these are independent witnesses. Or the local police officer at the address came and was able to fix the fact of violation of your rights. Secondly, acts of the sanitary-epidemiological station. Actual if you suspect that housing is not being treated properly. Thirdly, if your neighbors have debts for the "communal" (this will also have to be confirmed). Fourth, any documentary evidence damage to property. Fifthly, any papers and materials that can only confirm the inappropriate behavior of your neighbors.
It is this evidence that will help you when you go to court. The more of them, the better. So keep that in mind! Try to get as many materials as possible that can prove the grounds for evicting unscrupulous tenants.
Straight to court
Now that you are fully prepared for the process, you can go to court. But what else is required of you? After all, evidence alone cannot be avoided in this case. Appeal to the court implies a special procedure for passing this procedure.
You must file a lawsuit both on your own behalf and on behalf of several tenants. After that, you attach evidence of violations by the unscrupulous neighbor to the application. You invite witnesses, and also present a copy and the original of your passport. It is advisable to invite the district police officer, who probably witnessed violations of the rights of other residents. Next, file an application with the court and wait for the hearing.
In the course of the case, all the materials presented are studied, then the judicial authorities will decide on forced eviction. True, you should not rejoice too much. After all, it often doesn’t reach the court. Or your appeals do not bring any result. As a result, it remains either to endure negligent neighbors, or simply to change the place of residence. Usually it is the first scenario that occurs in the population.
Remember, if you are considering how to evict your neighbors, then you should not really hope for it. After all, this measure is considered extreme. And the eviction process itself is too complicated. Few will do it. Therefore, try to negotiate with your neighbors yourself.
