Where to complain and how to influence loud neighbors
Living in an apartment building, people quite often become victims or witnesses of unpleasant situations, observe difficulties and various troubles, one of which is noisy neighbors. Often, other citizens are disrespectful to people living in the neighborhood - they carry out repairs at night, have noisy parties, just listen to music through amplifying equipment, or stomp like elephants, although they live from above. Especially for such people, a law on silence was adopted in Russia, which prohibits making noise at the wrong time. However, legislative norms and the risk of receiving an administrative fine do not force people to listen to common sense and be quieter. What to do in such a situation, and how to find justice for noisy neighbors?
It will be quite problematic to navigate in the presented industry on your own, because you need to be well versed in the legislative sphere, to be able to apply legal norms in practice. A convenient solution in such a situation would be a timely request for help from an experienced lawyer. The specialist knows the peculiarities and nuances of the country's regulatory framework, so he can easily answer applicants' questions and give reliable recommendations and effective advice to citizens that will help them understand how to influence noisy neighbors who have been doing repairs for more than six months.
You can quickly get legal support if you turn to experts online. Qualified specialists constantly work on our site, who responsibly and thoughtfully approach solving the problems and tasks of applicants. Online legal advice will help you understand when it is enough to use an infrasound emitter for noisy neighbors from above, and in what situations it is necessary to write a sample complaint to the district police officer, call the police or prepare a lawsuit. The services of experts will allow you to decide where it is most effective to complain if you are surrounded by noisy neighbors, and what methods of dealing with violators of silence can be called the most effective.
If you have noisy neighbors living above you, you cannot ignore their immoral or illegal behavior, you need to fight the violators of the silence, and demand that they respect the law. How to do this, few know. It is very important in this situation to act thoughtfully, balanced and competently. Most often, Russians are faced with the fact that neighbors from above make repairs around the clock, make noise with construction tools, litter in the stairwell, etc. The law allows them to be very severely punished, but you should not rush, and use radical methods of influence, you must act consistently.
The first step in dealing with tenants in the neighborhood or upstairs is to have a peaceful conversation. It is necessary to turn to the neighbors and try to peacefully resolve the conflict, explain that their noise interferes with your normal life, and the actions of citizens violate the law. If the neighbor from above turns out to be an adequate person, then with the help of a conversation it will be possible to avoid aggravating the situation. However, often noisy neighbors miss requests and persuasion "by the ears." Where to complain in this case?
Some advise contacting the police, but this option is ineffective. The police are not called upon to deal with noisy tenants in apartment buildings. Their terms of reference include visiting the scene of the incident and carrying out explanatory work. If the neighbors stopped making noise before the arrival of the police, then the applicant himself may receive a reprimand. The best thing to do would be to file a complaint with the police officer. An authorized law enforcement officer upon the fact of the appeal will have to conduct a check at the place of residence of the brawlers, as well as bring them to justice.
You can send a complaint to the district police officer in person or by letter with acknowledgment of receipt. If this is not the first time that people have been complained about, the district police officer will have no choice but to register the unfavorable apartment. This means that from time to time the law enforcement officer will visit neighbors with checks and explanatory work, and may also impose a fine. Before you go to the district police for help or call the police, you need to clarify the time frame when, according to the law, the house should be quiet. Despite the fact that the law on silence has been adopted at the federal level, it has been amended and supplemented in each region, which you should find out if you are faced with noisy and inadequate neighbors from above.
Fight with the help of the prosecutor's office
So, if the upstairs neighbors violate the law on silence by carrying out repairs at night, you need to decide where to write a complaint. It would be best to contact the district police officer or call the police, but what if the law enforcement officers are in no hurry to go to the scene and refuse to accept your application for one reason or another? In this situation, there is only one way out - to fight the offense by filing a complaint with the prosecutor's office.
It should be borne in mind that the law also has exceptions to the general rules. There are persons and situations where noise during prohibited hours does not entail punishment. This may include:
- the crying of children and the noise from animals, which the neighbors above cannot influence;
- social events and holidays;
- ringing of church bells;
- carrying out rescue operations in emergency situations that caused an increased noise level.
A complaint to the district police officer or to law enforcement agencies can lead to the fact that an administrative fine will be applied to noisy neighbors. Penalties can be imposed repeatedly, and in case of refusal to pay, a person may be detained for 15 days.
When neighbors are very noisy, and loyal methods of holding them accountable do not work for them, it is necessary to try other ways and tools of influence. One of the most effective options would be to draw up a collective complaint to the district police officer, the prosecutor's office or the court. Appeals from several residents of the house allow you to quickly achieve consideration of the case. Public complaints are always dealt with out of turn. The dissatisfaction of the majority of neighbors with citizens who carry out year-round repairs can reach the city administration, which will entail the eviction of disadvantaged neighbors from the apartment.
Application to the court and the rules for its execution
When deciding whether to stop repairs day or night, creating noise, it must be remembered that going to court will be the last step. You can write a claim, having good reasons and a number of documentary evidence, testimonies. If the neighbors have a party, use an infrasound emitter, or make repairs at night, you should not immediately run to court, most likely, you will be denied a claim. It is necessary to apply to the highest judicial structure in the case when the violation of silence is permanent, interferes with several neighbors, and the violator himself does not respond to comments and requests to find a compromise.
It is necessary to write a statement to the court against neighbors who make repairs at the wrong time, as required by law. Initially, it is important to properly file a claim. The document does not have a strict form, but must meet legislative criteria and requirements. The single requisites for claims of this type are:
- the name of the court where the application is submitted;
- contact details of the plaintiff or several applicants, if the complaint is collective;
- information about the defendant and the violator of the silence, who makes repairs at night or uses an infrasound emitter;
- a description of the essence of the conflict and the measures taken for its peaceful settlement;
- grounds for filing a lawsuit;
- the demands of the citizens;
- date and signature.
All materials, certificates, evidence, copies of protocols and complaints against neighbors to authorized structures must be attached to the application to the court. The sample document must be drafted correctly and reasonably. The presence of errors, corrections, inaccuracies or incorrect expressions will cause a refusal to accept, consider and satisfy the claim. In order for the court to pay attention to your problem, it is better to seek the help of a lawyer in advance and ask a specialist to help with the preparation of the document. The court may consider the case for about six months, the maximum amount of recovery for noisy neighbors will be 4 thousand rubles.
