Many of us know firsthand the problem of neighborhood with citizens, whose behavior is so asocial that even administrative measures are useless. Then the question arises about the eviction of the rowdy from the housing they occupy.
The law provides for the following measures to combat dishonest neighbors:
- Art. 6.4 of the Code of Administrative Offenses of the Russian Federation establishes administrative responsibility for violations of sanitary and epidemiological requirements for the operation of residential premises in the form of a warning or a fine;
- Art. 7.21. The Code of Administrative Offenses of the Russian Federation establishes responsibility for damage to residential premises;
- Art. 91 of the RF LC speaks about the possibility of eviction from a dwelling occupied under a social contract;
- Art. 293 of the Civil Code of the Russian Federation. On the basis of this article, you can deprive the owner of the ownership of the dwelling.
Eviction or deprivation of ownership of a residential property is possible only by a court decision. However, it should be noted that either the prosecutor's office or the administration of municipalities can apply to the court for eviction, so neighbors need to file an appeal with the indicated authorities with a request to initiate a trial.
As part of the trial, the interested party must prove the fact that neighbors repeatedly, systematically violate the rights of other residents.
Violations of the rights of neighbors are recognized not only actions aimed at the premises itself (for example, such redevelopment that prevents all residents of the house from using utilities), but also, for example, listening to music, watching TV, playing musical instruments at night in excess of the permissible volume; carrying out repair work or other actions that entailed disturbance of the peace of citizens and silence at night. In addition, the reasons for eviction may be a violation of the rules for keeping pets or committing hooligan actions against neighbors, etc.
Repeatedly bringing a "violent" neighbor to administrative responsibility for noise at night or other actions that violate the rights of neighbors will be indisputable evidence in court of the need for eviction.
The eviction of citizens in the presence of their illegal behavior occurs without providing them with other housing.
Another reason for eviction or deprivation of ownership of housing may be its misuse, for example, as a warehouse, production, shop, dry cleaning, etc.
Before going to court, you should collect written explanations from neighbors and attach them to the application. Each time the police are called, a copy of the protocol should be left in order to present it later to the court as evidence of antisocial behavior.
In addition, you can contact the Sanitary and Epidemiological Service to draw up an act of inspection of the premises, as well as the housing and communal services, which can issue a certificate of debt for consumed utilities.
