How to deal with alcoholic neighbors: methods, reasons for eviction

How to deal with neighbors who are alcoholics legally?

Drinkers are quite common among residents of apartment buildings.

They cause a lot of inconvenience to 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 residents. The Housing Code of the Russian Federation (Article 17, i), the Civil Code (Article 293) and the Code of Administrative Offenses of the Russian Federation (Article 7.21) provide for protection measures against noisy and otherwise inconvenient neighbors.

A neighbor who is an alcoholic, on the basis of these laws, can be punished with an administrative warning, a fine, eviction, and even deprivation of living space . Eviction is a last resort, and the procedure depends on the basis on which the rowdy lives in the given living space. Read here what legal methods exist to deal with troublemakers.

Tackle your alcoholic neighbor

Once upon a time, during the march of the ideas of historical materialism across the country, there was an institution of LTP, which has now been completely erased. But really, how can a district police officer deal with this widespread phenomenon?! But I don’t recommend beating, much less killing! Our Themis is an eccentric aunt: she will elevate a drunkard to the rank of victim, and you to the status of a villain! The solution is to adopt laws that give district police officers the right to harass these bastards quickly and convincingly.

Also, figure out what exactly your neighbor is drilling. Suddenly he’s planning a prohibited redevelopment?! If not, you still need to complain to the DEZ or the Moscow Housing Inspectorate of your district (the district government will tell you the phone number). Then the neighbor will at least be bothered with inspections, and at the most he will be fined so much that it will not seem too much.

We recommend reading: Is it necessary to legalize an extension to a private house?

First steps towards eviction

How to get rid of a 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 inappropriate behavior are practically useless. Simply presenting a claim will most likely cause aggression on the part of the drinking citizen. Therefore, you can only talk to him when he is sober.

IMPORTANT! Under no circumstances should you use physical force on an alcoholic. Your actions will be regarded as hooliganism, and this is already a violation of the law on your part.

Every violation by a noisy neighbor should be stopped with the help of the police . You can call squads or ask the local police officer for help. By the way, your joint actions to solve the problem with other residents of the house .

Collective complaints will have a greater effect, and the district police officer will be forced to actively respond to them. Read about how to correctly write a statement to a local police officer here.

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

Sample application to a district police officer against a neighbor who is an alcoholic (a rowdy, about the neighbors' drunkenness)

Of course, you can’t count on a quick solution to the problem. Therefore, be patient and do not deviate from your intended goal.

What to do with violent neighbors who are alcoholics or drug addicts?

Here, of course, peaceful methods of influence will not help, all these conversations and requests to behave as quietly as peas against a wall, many tried to solve the problem in a good way, but unfortunately, as practice shows, such measures lead to nothing. Usually everything ends in a conflict between neighbors, in some situations a whole war breaks out, when the most sophisticated ways are used to teach neighbors a lesson, often leading to assault, but in the end nothing is resolved and decent neighbors continue to suffer, and violent neighbors continue to poison the lives of those around them.

There is an option to call the police to the place and try to solve the problem in this way. Yes, the police will come, record the fact of violation of order, draw up a report and issue a fine to the violent neighbors, and that will be the end of the matter. I have heard many times what people who find themselves in such a situation say, we call the police, they come, draw up a report and leave, and sometimes they don’t come at all. This is an endless process that has no end, no matter how much you call the police, they do nothing except reports and fines. Fines do not frighten such neighbors at all, they don’t care about them, and they are already so accustomed to police visits that they take it for granted.

What to do if your neighbors are constantly making noise and preventing you from living and relaxing in peace?

Many people simply give up, because the situation really looks hopeless. But you can try to solve the problem legally, especially since the current legislation gives us such an opportunity, and now I will tell you about two articles that can help you if you take action.

On the territory of the Russian Federation there is a code of administrative offenses and it contains articles 6.4 and the Code of Administrative Offenses of the Russian Federation, which can help us, and if the first helps as a measure of financial impact, then the second is more serious.

If the police don't help

Often in such situations, police officers are reluctant to respond to citizens' requests.

There are even cases of ignoring squad calls at night. In such a situation, you should complain to representatives of the Ministry of Internal Affairs.

Complaints about negligence in official duties should be filed with the prosecutor's office.

To avoid police response to you, make all statements in duplicate.

Compose the header of the application, addressing two addressees at once: police officers and prosecutors .

Ways to deal with an alcoholic neighbor

How to evict alcoholic neighbors? There is no specific effective means to protect your home from such people. You can try all available methods, increasing the pace. We suggest starting to fight neighbors who interfere with everyone else with minimal measures.

Serious conversation with a neighbor

To do this, it is advisable for all dissatisfied people to gather, for example, families from below and from above. The more dissatisfied there are, the more difficult it is to suppress the indignation. If one woman comes to complain to a rowdy neighbor, it’s easy to slam the door in her face, but when five people come out to talk, there’s no way to get away.

In the conversation, do not forget to mention all the points that cause you indignation. For example, music at night or a damaged flowerbed at the entrance. It is important that your speech is confident and not ingratiating. The main task is to rein in and shame the violator of public order, and not to establish friendly neighborly relations.

In order for what you say to have a greater effect, be sure to threaten to complain to the local police officer or write a statement to the city administration. Such actions can result in a number of problems related to summons to the police station, proceedings, and fines. Not every daredevil who breaks flower pots in the entrance will want such consequences.

It would also be a good move to put pressure on one’s conscience if the neighbor has been living in this place for a long time. Some people can be shamed by reminding them of their parents. However, avid alcoholics, who have been clutching a bottle for many years, do not take such intimate conversations seriously. And even the promise to write a statement to the police does not scare them.

Law Enforcement Assistance

If conversations with an alcoholic do not bring any results, it is time to contact the police. The principle of action here is banal and simple - if a neighbor disturbs others, it means he is violating the current legislation. For example, it makes noise that exceeds the permissible level or interferes with the rest of other residents of the house at night (after 23:00).

Such violations should be subject to administrative penalties - a fine or detention (up to 15 days). The police do not always respond to such calls and respond to requests from exhausted citizens, so a good lever of pressure on local police officers would be to contact a higher authority with a complaint.

Application to the prosecutor's office

It is best to write a collective complaint to the prosecutor's office, collecting signatures from all dissatisfied residents. It is also necessary to attach all available facts to the case materials, for example, photographs, video materials, audio recordings, protocols and acts.

Write a collective complaint to the prosecutor's office with the signatures of the residents

What to do with refusals from local police officers? If you refuse to draw up a report or issue a fine, write a complaint against the actions of the policeman. Such drastic measures will force the local office to work harder and respond more often to such requests.

Eviction

Extreme measures must be resorted to when other methods do not work. Often, for noisy tenants, warnings and several visits from a local law enforcement representative are enough, but apartment owners are more difficult to deal with. They don’t consider it shameful to start fights on the stairs, knock on other people’s doors, attack neighbors, or threaten with violence for complaining. In such cases, talking will not help; the issue of eviction must be raised.

Procedure depending on housing status

How to deal with drunk and noisy neighbors?

There are factors that influence the specific procedure for eviction of an alcoholic from a residential premises. How to evict an alcoholic:

From council housing
The owner of municipal housing is the administration of the city or rural locality. Resident of such an apartment obliged to comply with the terms of the social tenancy agreement, on the basis of which he occupies a similar living space.
An alcoholic can be evicted from an apartment owned by the authorities on the following grounds:
- failure to pay utility bills for six months;
residence in an apartment of strangers without registration.

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

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

REFERENCE. Eviction from municipal housing is regulated by Article 91 of the Housing Code.

It is much more difficult to evict an alcoholic from his own home, even if he maliciously violates the norms of cohabitation. Find out how to forcibly evict the owner from an apartment.
It is more advisable 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 violation of order . Contact the SES with a complaint about the poor 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.
IMPORTANT! Unlike eviction from public housing, expulsion from your own living space is impossible. The regulations for actions in this situation are contained in Article 293 of the Civil Code of the Russian Federation.
In these circumstances, an appeal from the management bodies of an apartment building: HOA, management company or local government can be really effective. If there is well-reasoned evidence, the court will most likely 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 that he stop the violations and bring his own home into proper condition.
It is unlikely that a degraded person will fulfill these requirements. After the period for correcting the situation has expired, a second application will be required. After this, the alcoholic will most likely be evicted. Housing is put up for auction and the owner, having received them, can purchase another apartment.
IMPORTANT! It is worth considering that, according to the Civil Code of the Russian Federation, the court is unlikely to evict the owner from his only home, unless it is a mortgaged premises. In this case, the court may side with the bank.
From a room in a communal apartment Based on Art. 83 of the Housing Code of the Russian Federation, an alcoholic neighbor is evicted from a room in a communal apartment on the following grounds:
- non-payment for services;
inadequate sanitary condition of living quarters and common areas.

You must act in the same order: first file complaints with the police, SES, and Housing Inspectorate. Then, together with other residents of the communal apartment, file a claim in court, demanding to collect debts for housing and communal services and to bring the living space into proper condition.

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

How to evict alcoholic neighbors

Eviction is a last resort and is used only if all other methods have been used and have had no effect.

This method of influence is provided for in Articles 17, 83, 91 of the Housing Code of the Russian Federation and Article 293 of the Code of Administrative Offenses.

From a council apartment

Before filing a lawsuit to evict a neighbor living in a municipal apartment, you need to contact the owner of the property - the local administration or organization. They are required to issue a warning.

If the warning has no effect or the owner does not respond to requests, file an application with the court.

Please note that if a friend is evicted from housing provided under a social rental agreement, the living space will not be provided.

From a privatized apartment

Evicting an owner from his legal apartment is much more difficult. Especially if he has no other housing. But it is possible to do this.

The algorithm of actions before filing a lawsuit is similar: statements to the police to the local police officer, collection of other evidence.

If the court decides to grant your application, then the apartment is put up for sale at the average market value. And the proceeds, minus the state duty, are given to the former owner.

The husband of an alcoholic, if he is registered in the apartment, is the owner

The first step towards eviction of an alcoholic husband is to divorce him. Further actions depend on who owns the property.

If the owner is the wife, and the ex-husband is simply registered in the apartment, then she simply submits an application to the court for eviction. If there are minor children, the judge will most likely grant her application.

If the owner is the husband, then the procedure will be much more complicated. In this case, the housing will be sold, and the owner will be given the money, minus the share of his wife and children.

But in both cases it is necessary to take care of the complete evidence base.

How to complain to Rospotrebnadzor and the Housing Inspectorate?

The purpose of complaints to regulatory organizations cannot be a demand to evict an alcoholic neighbor, since these organizations do not have such powers. You should contact them with a request to conduct an inspection and draw up inspection reports , which you can later use when filing a claim in court.

IMPORTANT! It is desirable that the complaints be signed by a large number of residents of the apartment building. It would be useful to have telephone numbers. Collective complaints, as a rule, are not ignored by the authorities.

Rospotrebnadzor (SES) should be contacted in case of improper maintenance of residential premises.
The Housing Code in Article 30 obliges residents to keep common property clean, that is, to comply with sanitary and environmental standards. If the alcoholic’s apartment is not kept clean, there is an unpleasant smell coming from it, cockroaches and rodents live in it, then Rospotrebnadzor can conduct an inspection and draw up a report . Then the neighbor will be required to correct the deficiencies.
A complaint to the Housing Inspectorate is made in case of inadequate technical condition of the premises. If pipes in a neighbor’s apartment periodically leak and the apartments on the floor below are flooded, regulatory authorities can draw up inspection reports and demand that accidents and leaks be eliminated.

Sample complaint to the Housing Inspectorate

For more information on how to submit an application to various authorities, read this material.

Stage No. 2 - We prepare documents for going to court

The following have the right to apply to court to evict an alcoholic from an apartment:

Relatives.
Neighbours.
Landlord (if the housing is municipal).

It is easier to evict an alcoholic without property rights in court (it is enough to take Article 91 of the Housing Code of the Russian Federation as a basis). The process of eviction of an alcoholic with property rights (registration) becomes somewhat more complicated. It is almost impossible for an alcoholic to own a share of the home.

To make a decision to evict a drinking relative (neighbor), the court will necessarily require evidence of his alcohol addiction and violation of the interests of other residents.

The following can be provided as evidence:

certificates from the dispensary where the alcohol addict was treated;
a copy of the report from the SES on the alcoholic’s violation of sanitary and hygienic standards;
copies of police reports drawn up when the squad was called;
copies of complaints to utility services;
verbal confirmation from neighbors about the drinker’s violation of public order;
audio and video recordings of brawls caused by a neighbor (relative).

Parties in court: The plaintiff is the owners of the apartment or one of them. The plaintiffs may also have a representative - a hired lawyer or attorney; The defendant is not the owner who is being evicted. The defendant may also have a representative; The third party is the Migration Department of the district Ministry of Internal Affairs of the city/subject (formerly the Federal Migration Service).

Below is a general list of documents. In each individual case, additional ones may be required.

Algorithm for filing complaints

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

A single complaint is filed from several affected persons at once.
After the name and position of the person in whose name the document was 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 offered.
State, point by point, the specific situations that have developed with each of the residents.
Indicate the articles of the law that are violated by the actions of the alcoholic neighbor.
Be sure to include your requirements at the end. Indicate specifically what, in your opinion, law enforcement officers or inspectors of the organizations you are contacting should do.
At the end of the collective complaint there must be the original signatures of each applicant.

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

Be sure to draw up the complaint in two copies and get the signature of the receiving person on yours.

Stage No. 4 - Let's go to court

You can go to court immediately after mail. One of the owners can submit an application to the court and participate in it; all of them do not have to. Whoever appears in the statement of claim as a plaintiff is the one who files. Or the claim can be filed by a lawyer/lawyer under a power of attorney.

According to the law, the trial should last a maximum of 2 months (clause 1 of Article 154 of the Code of Civil Procedure of the Russian Federation), but in fact it will last for 2.5 - 5 months.

If one of the plaintiff owners is under 14 years of age, he does not need to come to court. One of the parents/guardians must come instead - Art. 28 Civil Code of the Russian Federation. If he is from 14 to 18 years old, he must also be present together with one of the parents/guardians - Art. 26 Civil Code of the Russian Federation.

Submit a statement of claim and other documents to the court.
You need to go to court at the address where the apartment is located - Art. 24 and art. 28 Code of Civil Procedure of the Russian Federation. Usually in large cities these are district courts, in small towns and villages - city courts.
First, you need to get the details for paying the state fee from the court office. They are usually displayed on an information stand. It’s rare that they’ll give you a piece of paper with them. The state duty is 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation). You can pay it at any bank. Be sure to keep your payment receipt.
Then, after payment, you submit originals and copies of: 1) the above documents to the court reception (expedition); 2) an inventory and a receipt for payment upon sending the defendant’s notice of eviction - stage No. 1; 3) inventories and checks for payment of notification of the defendant and a third party about the upcoming trial - stage No. 3; 4) receipt for payment of state duty.
In the copy of the statement of claim, which will remain with the plaintiff, the court employee will put a stamp with the date of acceptance and the entry number.
Stamp samples
The judge will review the application and set a date for a preliminary hearing.
Within 5 working days from the date of filing the documents, the judge will consider the statement of claim and decide what to do with it next - accept, reject or leave without movement (clause 1 of Article 133 of the Code of Civil Procedure of the Russian Federation). In fact, it will last for 8 - 10 days.
If the judge accepts the statement of claim, a date will be set for a preliminary hearing. Usually it will be in 15 - 35 days, depending on the judge’s workload. The court will send by registered mail to the plaintiff, defendants and third parties notifications of the time and place of the preliminary hearing - clause 2 of Art. 113 Code of Civil Procedure of the Russian Federation.
It is better for the plaintiff not to wait to receive the summons, but a week after filing the statement of claim, check with the judge for the date of the preliminary hearing. Each judge has office hours for citizens - usually Monday and Thursday. The name of the appointed judge can be asked in the office (expedition) of the court.
Preliminary meeting.
The preliminary hearing is preparation for the trial - Art. 152 Code of Civil Procedure of the Russian Federation. In it, the judge listens to the parties' demands and reviews the submitted documents. If there are not enough documents, the judge will indicate which ones need to be submitted.
What should the plaintiff do? If the plaintiff does not know whether the defendant owns any real estate, then he needs to petition the court to request this information from Rosreestr. The court, in the name of the defendant, will receive an extract from the Unified State Register of Real Estate on the rights of an individual to his real estate assets. Why this is needed I wrote above - link.
After this, a court date will be set. It will be held 20 - 35 days after the preliminary one. The defendant and third parties are again sent subpoenas, but this time for a court hearing.
Court hearing.
At the beginning of the court hearing, the judge will announce the requirements for the claim. Then he will listen to each of the parties, their additions, testimony of witnesses and other third parties, and ask questions for clarification.
What should the plaintiff do? He needs to be informed that his rights of ownership and disposal of the apartment are violated by the defendant’s registration. Which articles I wrote at the beginning of the article to rely on depends on who the defendant will be.
If the defendant does not live in the apartment, this can be proven by witnesses who will confirm this. If he lives, then you need to find out whether he owns real estate - the plaintiff or the court will order extracts from the Unified State Register of Real Estate. I wrote about all of this above. If the defendant has another living space, the judge will consider that he has somewhere to live. This is a big plus.
There may be several court hearings, depending on many factors. By law, the defendant must be notified twice. Therefore, if he does not come to the first meeting, another one will be scheduled. The second meeting takes place 10-30 days after the first. If he doesn’t come to the second meeting, the court will consider the case without him - Art. 167 and art. 233 Code of Civil Procedure of the Russian Federation.
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The court may request from telecom operators the telephone number of the defendant using his full name in order to notify him of the court. If the defendant is found to own another property, then subpoenas will be sent to this address.
The court's decision is announced.
After the judge considers all the demands and arguments of the parties, he will make and announce his decision - Art. 193 Code of Civil Procedure of the Russian Federation. If the defendant was present at the court hearings, the court decision will be in person. If he was not present, then either in person or in absentia. Depends on the individual judge.
Pick up a copy of the court decision from the court office.
You can find out about its readiness by calling there. According to the law, the final form of the court decision must be issued 5 days after the announcement - clause 1 of Art. 214 Code of Civil Procedure of the Russian Federation. In practice, after about 10 - 14 days. The court will send the decision to the defendant by registered mail.

How to file a claim in court?

Article 17 of the RF Housing Code requires citizens living in residential premises to respect the rights and interests of their neighbors.

The behavior of alcoholics who violate order is grounds for their eviction from their living quarters . Therefore, a claim to evict a noisy neighbor is completely legal.

The main condition that the court can take into account is the systematic nature of the violations .

Only in this case can the judicial authorities decide to apply an extreme measure of influence - eviction.

Your task is to prove to the court that no other measures taken by you have had any effect , and the neighbor continues to violate the order and thereby infringes on your rights. All work done before going to court must be documented.

The package of documents when applying to court must consist of:

Complaints you file with various authorities. Each must bear the signatures of the persons who accepted the application and the date of receipt.
Inspection reports from the Housing Inspectorate and SES, copies of which must be required from the authorities conducting inspections.
Copies of resolutions of the administration and management companies.
Certificates from the Criminal Code about the presence of arrears in payment of housing and communal services.
Copies of police reports.

Only the presence of written evidence of the futility of attempts to influence can give a chance to hope for a positive court decision, so documents must be prepared with special care .

Having collected all these documents, file a class action lawsuit. In the statement, set out point by point all the episodes for which you have evidence, referring to the articles of the laws violated by your neighbor. At the end, state your demand to evict the citizen from the apartment.

Thus, it is possible to evict an alcoholic neighbor only through the court and only if the apartment is not his own only living space or he lives in a municipal or communal apartment .

In any case, this process is quite lengthy and requires a lot of effort. In addition to problems with drinking neighbors, it may happen that someone is being too noisy in your entrance. Where to complain about noisy neighbors, how to write a complaint correctly and to which authorities, read the articles on our website.

How to get rid of neighbors who set up a den for alcoholics

Local drunks have adapted social housing to suit their preferences, and this despite the fact that in the capital more than 1.5 thousand families pay for social housing. And while large families and people with disabilities are languishing in anticipation of the coveted meters, apartment number 57 has turned into a brothel.

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Repeatedly, based on complaints from neighbors, police officers were called there, explanatory and preventive work was carried out, materials were collected regarding the citizen regarding her violation of the rules for the use of residential premises, and in order to bring her to justice, these materials were sent to the housing department.