How to evict noisy neighbors
It is possible to evict noisy neighbors. If they constantly make noise, this causes significant discomfort for the surrounding residents. It doesn't matter if this noise is during the day or at night, it is in any case unpleasant.
Constantly hearing sounds and noises that were not planned to be listened to will not please any person.
However, many of the citizens are not lucky, and they are forced to endure noisy tenants who disturb the peace at any time of the day.
How to deal with noisy neighbors?
The legislation of the Russian Federation provides for methods of influencing and combating residents who violate the rights of other citizens. Therefore, you should not put up with the boorish behavior of your neighbor. Protecting personal rights is within the power of everyone.
What laws regulate the eviction of neighbors?
The Housing Code of the Russian Federation forms the basis of the struggle for violation of the rights of third parties. The Code contains articles and grounds for eviction, among which is a violation of the rights of neighbors, from which the right to evict noisy neighbors follows.
Factors of violation of the regime of residence in apartment buildings are displayed in the Civil Code. It is also worth taking into account the so-called Silence Law. It is implemented at the regional level.
Violation of the rights of tenants
Anyone can face the problem of neighborhood with noisy citizens. You can live peacefully for many years in your quiet and beloved apartment, until one day one of the tenants changes and new, insufficiently disciplined citizens move into this apartment.
It's even more offensive to buy such an apartment. When choosing a new long-awaited home, the probability of finding such neighbors and enjoying their antics is zero, since the owners, knowing the regime of residents, invite buyers to view housing during calm hours so as not to frighten off potential buyers.
What to do if the neighbors are noisy?
So, what happened happened - the neighbors are noisy. And in order to live peacefully, you need to do something. The methods of struggle and the ability to evict noisy neighbors directly depend on the rights that these persons have for the housing they occupy.
According to Russian law, any neighbors can be evicted, but in practice the situation is a little more complicated.
Neighbors may reside on the following grounds:
The principles of living in apartment buildings are based on mutual respect and respect for the rights of surrounding citizens. This principle is the basis of the articles on eviction in the housing code.
That is, every citizen, when performing any actions, must be convinced that by this action / inaction he will not violate the rights of people living nearby.
Unfortunately, the wording of the code is rather vague and does not contain a list of violations taken into account by the court in making its decision.
In addition to the Housing Code, the local (regional) law on silence applies. It clearly regulates the periods of the day in which the manifestation of increased noise is possible.
The law between regions contains some discrepancy, so it is important to base on the law of the region where you live.
Order of influence
To deal with noisy neighbors by law, it is necessary in accordance with the following procedure:
| An attempt to peacefully resolve the conflict. | It is possible that citizens are making noise unconsciously. They do not hear noises from your apartment and, accordingly, they assume that the sound insulation in the apartment is at a high level. It is necessary to try to talk and explain how much noise is heard in the apartment and it interferes. If the neighbor turns out to be an adequate person, then this problem will be solved. |
| Engaging the police. | If it was not possible to peacefully solve the problem with noisy neighbors, it is necessary to turn to the help of the district police officer. You can write a statement to the district police officer about the systematic violation of the rights of third parties, or call him directly with increased noise in the apartment at a time when silence should be observed. |
| Collection of evidence. | If the visits of the precinct do not have the proper impact on the neighbors, the only option is to go to court. To accept a claim for consideration and defend your interests in court, you will need a solid evidence base, the collection of which must be done immediately before filing a claim. |
| Appeal to the court. | The final stage of the struggle with the neighbors is the filing of a claim for the eviction of noisy guests. The probability of satisfying the claim under this requirement is low, however, administrative measures may be taken against the violator, which will positively affect his behavior in the future. |
Application to the district
The Silence Law regulates the behavior of neighbors at night. However, regular noise during the day can also disturb people around you and impair their quality of life. If the neighbors are noisy during the day, what should I do?
To solve this problem, you need to contact the precinct. It will be better if the appeal is collective from several tenants. When contacting the district police officer, you must have a passport and a document confirming the right to live in the occupied apartment and file a claim with a neighbor.
After the district police officer accepts the application, he will have to work with the noisy tenant and inform the applicant about the results.
If the neighbors are noisy at night, you can immediately call the police by phone, and then additionally submit an application to the district police officer that violations of this nature by residents are systematic.
To evict noisy neighbors, or at least to influence them properly, the examination will allow. The opinion of an independent expert will be accepted in court as evidence and will confirm the validity of the claim.
In order to obtain an expert opinion, it is necessary to select an organization (specialist) in advance. As soon as the neighbor starts making noise, you need to call an expert. He will conduct all the necessary noise measurements and issue a conclusion.
Initially, the examination is paid for by personal funds, but during the trial, expenses of a similar nature are reimbursed from the defendant.
In addition to the expert opinion, the following is attached to the evidence:
- a copy of the application to the district police officer with a mark of acceptance;
- copies of protocols;
- testimonies of neighbors and other residents.
The district police officer and witnesses may also be called to the court hearing as witnesses.
Eviction from public (service) housing
There is another additional way to deal with noisy neighbors if they live under a social or service contract.
Service hire
If the tenant occupies housing under a contract of employment, you must contact directly the organization that provided him with this room. Appeal can be both individual and collective or with the help of the district.
municipal hiring
If noisy neighbors live in an apartment on the basis of a social tenancy agreement, they have every chance of releasing him if the rights of other tenants are violated. To influence them, it is necessary to write a complaint against them to the institution that provided them with this housing.
What is the probability of evicting noisy neighbors?
Despite the foreseen possibility of eviction from an apartment, including from an apartment owned by right of ownership, judges rarely make such decisions.
The policy of our country is aimed at maintaining the proper level of living conditions for citizens, therefore, before leaving a person without a roof over his head, all kinds of measures will be taken in order to resolve this issue peacefully.
But in any case, all of the listed methods of dealing with neighbors can bring a positive result. It all depends on the degree of adequacy of the person and the seriousness of the mood of the other tenants who suffer from his actions.
For some of the tenants, a remark made by another citizen will be quite enough, and for someone it will become clear only when the court obliges them to pay moral damages and expenses that arose as a result of the need to bring to the trial.
