Let's resolve the issue peacefully
People often complain that neither the police nor the court can solve the problem of drinking neighbors. It is possible that the wrong tactics for solving the problem were initially chosen. First, instead of looking for options on how to deal with drinking neighbors, you need to think about how you can come to an agreement with them.
This is easiest to do if you know the alcoholic well. For example, the conflicting parties grew up in the same house and previously had a friendship. In this case, people have common memories and the dialogue can begin with them. This will help build a peaceful conversation and further reach consensus.
Not everyone knows what is best to do if an alcoholic neighbor is interfering with life, so the situation can gradually escalate. Sometimes life's difficulties greatly affect a person's internal state and he begins to drink. If the reason for drinking is related to the loss of a job, you can offer the patient your help in finding a new place. Perhaps, after the situation in his professional life improves, the desire to drink strong drinks will disappear.
In some cases, the cause of binge drinking is the death of a loved one. After a loss, depression and psycho-emotional disorders are possible, which the drunkard tries to suppress with alcohol.
However, relief for a few hours does not solve the problem. In such a situation, you can use the deceased as an example and remind the alcoholic that they believed in him and did not wish such a future for the patient. It is necessary to understand that ordinary reproaches can further distance the drunkard from quitting his binge and recovery.
Communication should begin when the neighbor is sober. You should not do this while drinking a glass of vodka, as the next day the drunkard may forget about the conversation. In addition, when drinking with an alcohol addict, the other party approves of drinking alcohol.
Those who have already decided what to do with their alcoholic neighbors should understand that to achieve the desired effect you will need:
- Friendly attitude. Only in this case will the other side be ready for a constructive dialogue. Aggression only escalates the situation.
- · Willingness to act. There is a possibility that the patient will ask for help in solving the problem that contributed to the development of alcohol dependence. In this case, both parties must be interested.
- Lots of patience. Perhaps the alcohol addict will want to speak out and the conversation will drag on for a long time. We must not forget about the sense of tact and humanity.
It is worth considering that the result largely depends on the person’s alcohol history. As alcohol addiction develops, changes occur both at the physical and mental levels.
Therefore, the duration of drinking will affect the patient’s perception and reactions during the conversation.
In any case, the situation will require an integrated approach. It is necessary to analyze the problem, provide possible ways to solve it and remain ready to help the alcoholic. Basically, most citizens do not want to make efforts and are looking for easy ways to overcome the situation. Therefore, quite often the problem remains unresolved.
Is it possible to evict an alcoholic from an apartment?
People's accommodation is based on the principle of mutual respect, as well as compliance with housing rules and sanitary and hygienic standards (clause 4 of article 17 of the Housing Code of the Russian Federation). It doesn’t matter whether it’s privatized housing or a dorm room. Neighbors must respect each other's interests and not create problems by disturbing public peace.
But you need to understand that a quiet drinking neighbor does not pose a threat to others . Of course, if at the same time he does not lose his mind and does not violate fire safety requirements in the house.
It’s another matter if we have a rowdy, an alcoholic, a noisy neighbor and a criminal element. When faced with the deviant behavior of such a tenant, neighbors sound the alarm. Usually the violator does not respond to persuasion, warnings and notifications. Is it possible to evict him?
Eviction from an apartment is an extreme measure, which is the most severe. Naturally, the neighbors themselves will not be able to evict him. But they can file a complaint with the housing office or the local police officer. Forced eviction occurs in court, after which the drunk will have to leave the premises he occupies.
Resolving the issue with the help of the police
If peaceful options for dealing with alcoholics have been used, and neighbors are also drinking and making noise, the police know what to do in such a situation. When a drunkard becomes rowdy on his property or behaves aggressively and uses obscene language on the landing, he is breaking the law. In this case, you can call the police or contact the local police officer.
Noise restrictions apply at night. In case of an offence, rowdies will face sanctions.
There is an administrative penalty for noise at late hours. Even a small fine will significantly hit the alcoholic’s budget, and next time he will think carefully about whether it is worth disturbing the peace of other residents.
Typically, the behavior of drunkards bothers several neighbors. All residents of apartments located close to the violators’ abode may feel discomfort. Even in the private sector, several people suffer from rowdy behavior. Therefore, a collective appeal to the local police officer will bring more results than the application of one resident.
A visit from a law enforcement officer to a violator may result in:
- preventive conversation;
- monetary recovery;
- administrative arrest.
All actions should be documented. The measures listed above do not always help cope with a problematic situation. In this case, the collected documents (acts and protocols) allow you to begin the process of evicting the rowdy.
The police do not always respond and respond to calls. In this situation, you can contact the prosecutor's office. An excellent option is to send one letter to the highest supervisory authority, and the second to the police.
Help the police
This option is much more effective than the first, “peaceful” one. And you need to start by calling the local police officer. He has leverage over residents who drink, including:
- administrative prosecution (if, for example, noise is heard after the established time);
- actions (fine, arrest, even eviction in some cases) for collective appeal (after all, there are many dissatisfied neighbors even in the private sector, not to mention in an apartment building);
- criminal prosecution (for fights, hooliganism, brawls, etc.).
If the police refuse to respond: they do not respond to calls at night or do not want to draw up another report, such actions should not be ignored. Here applications must be written to law enforcement officers. Just be very careful! And so that complaints do not turn against you, duplicate them with appeals to the prosecutor's office.
How to get rid of a drinking neighbor within the framework of current legislation?
Personal conversations and appeals to the police do not always give the desired result. At this stage, many citizens stop fighting for their own peace of mind. Unable to imagine what to do next with their violent alcoholic neighbor, they continue to live and put up with unpleasant circumstances.
There is another legal way to solve a problem with drinking tenants - eviction. The Russian Administrative Code contains Article No. 6, which describes violations of the sanitary regime in residential buildings, and the next one (Article No. 7) describes sanctions for such violations. The punishment does not include eviction, but the alcoholic will have to pay a fine for the offense.
In the Housing Code of the Russian Federation (Article No. 91), you can study the conditions for eviction of a problem citizen from an apartment rented under a social tenancy agreement. Article 293 describes the procedure for depriving property rights to housing.
Despite the existing difficulties, it is possible to evict a problem tenant. However, you should understand that this will not be easy. Such issues are resolved in court, for which you will need to write a corresponding statement. Courts extremely rarely satisfy demands for deprivation of property rights to housing. To achieve this, it is necessary to prove through the collected documents that the offender was systematically influenced in various ways.
The mere presence of neighbors at the trial is not enough. Evidence will be required to support regular police calls and fines. Residents need to collect all existing statements, protocols and acts. Only if there is documentary evidence of offenses will it be possible to evict a drinking neighbor.
Where to complain about drunk neighbors
If the peaceful admonitions of the alcoholic do not help, and most likely this will be the case, we must move on to the next stage of the struggle for a peaceful life at home.
For violating what laws can a drinker be charged? How to appeal when contacting authorized bodies?
- Article 17 of the Housing Code of the Russian Federation on the use of residential premises (the use of housing occurs in violation of the interests of neighbors, as well as sanitary and fire safety standards);
- Article 7.21 of the Code of Administrative Offenses (requirements for the operation of residential premises are violated);
- Federal Law No. 25 “On the sanitary and epidemiological welfare of the population” (noise at night).
Penalties for violating these laws include:
- a fine of 1-1.5 thousand rubles (Article 7.21 of the Code of Administrative Offenses);
- termination of a social rental contract (Article 83 of the Housing Code);
- eviction of an apartment tenant (Article 91 of the Housing Code);
- termination of ownership rights (Article 293 of the Civil Code).
So where can you turn?
To the police
Contacting the police is the most common and best option. Moreover, it is useless to limit yourself to one single export. You need to call the police every time various incidents occur - rowdy, drunken brawl, noise.
Demand that the challenge itself and the punishment imposed be recorded in a protocol. So, if the case goes to court, you will be able to prove that the violations by this neighbor occurred over a long period of time.
To Rospotrebnadzor and Housing Inspectorate, algorithm of actions
As a next step or to strengthen the measures taken by the police, you can complain to other authorities. For example, to the housing inspection and Rospotrebnadzor.
When contacting the housing police, rely on regular and loud noise, lack of repairs, which creates a danger for the normal functioning of the entire house, and clogging of public places (entrance).
As evidence, you can attach photographs, minutes of conversations with the offender at the general meeting of residents.
The complaint can be submitted in person or sent by registered mail. A sample application is available.
You can write an appeal on the official website of the State Housing Inspectorate using the link.
If you are submitting your request personally, be sure to register it.
People complain to Rospotrebnadzor about the unsatisfactory sanitary condition of the house due to an alcoholic living in it. Focus on tobacco smoke, cigarette butts, scattered bottles, etc.
Attach photos and videos, copies of complaints to the police and the service company. A sample application is available.
You can send an electronic appeal to Rospotrebnadzor or find the addresses of regional divisions of Rospotrebnadzor using this link.
Based on the received request, these organizations are required to conduct an inspection. And if these facts are confirmed, they will issue a decision to eliminate the violations.
Even if these instructions are not followed, they will be useful as evidence in court.
What conclusion does judicial practice lead to?
Based on the results of judicial practice, we can confidently conclude that there is meaning in the fight against problem tenants. It should be noted that obstacles in the use of utilities, changes in layout and other violations during repair work are illegal actions.
The plaintiff is not always able to achieve what he wants. Therefore, it is best to go to court collectively. It will be necessary to collect all available evidence of the offense in documentary form.
The more calls to the police, the more justified the appeal to court will be. It is necessary to involve the district police officer in the process. Whenever you interact with law enforcement, you should leave a copy of the report or report.
