Everyone is entitled to peace and quiet. Therefore, high-profile tenants to evict, that interfere with the house, you can. But it is a complicated process. We'll have to spend a lot of time and effort.
Whether the law protects the right to silence
There are common standards Sanitary requirements for the residential buildings and premisesnoise levels in homes that can not be exceeded. They are spelled out in the annex to the federal law Federal Law № 52 "On the sanitary-epidemiological welfare of population" from 30.03.1999 of sanitary and epidemiological welfare of the population. But in Russia, there is no general regulation, which sets the time of day when you can not make noise. Each edge of the area or other entities that question regulates its own law.
In Moscow, for example, took a more in 2002. Law"On the subject of peace and tranquility of citizens in the city of Moscow" from 12.07.2002 number 42 (ed. from 14.12.2016)"On the subject of peace and silence citizens' regulates the noise level, the time when you need to behave more quietly, and responsibility for the violation.
Permissible noise level in Moscow
Clock | The allowable noise level in dB | |
Day | 7:00–23:00 | 55 |
Night | 23:00–7:00 | 45 |
To understand how this is estimated to be worth to compare:
- Loud conversation - 70 dB.
- Operating a vacuum cleaner - 75 dB.
- Weeping child - 78 dB.
- Sound perforator - 95 dB.
Person feels comfortable with the noise of 30 dB - a whisper or rustling leaves. Safe for health is considered to be the level of 60 dB. During the day, you can raise the volume of the apartment to such indicators. But you can not make noise at night.
Maximum - 35-40 dB. This is the level of quiet conversation. And there is no karaoke or loud music - according to the law it is forbidden. In addition, it is not necessary at night:
- Make repairs, load and unload things. For example, move them out of the car when moving.
- Watch TV and listen to radio at high volume.
- The use of pyrotechnics. An exception - New year's night December 31 to January 1.
- Screaming, stomping, playing musical instruments, and so on.
When the neighbors have the right to make noise
There are situations where neighbors can legally make a noise - it's time to repair. On the condition that the work is going on day and begin not earlier than 9:00 am and end no later than 19:00. Moreover, it is necessary to take a break from 13:00 to 15:00 - this time afternoon nap.
Such a framework established for Moscow, but in the regions may have their own rules. For example, where a work permit to begin an hour earlier or finish three hours later.
What to do with offenders
If the neighbors like to do repairs at night, until late at night listening to loud music and scandals, and you prevent this behavior sleep peacefully, Begin to fight for the silence.
1. Collect evidence
Loud neighbors should as often as possible to offer to solve the issue peacefully. To correspond via SMS or instant messengers, social networks or by mail. And each call record or shoot on a mobile phone. All this is proof that a neighbor offered a compromise, but it does not go to the contact.
You can ask other residents to describe what they saw and heard. If you plan to go to court, you will be very useful as evidence of police, the management company or HOA.
2. call the police
When the wall begins shindig, first call the police. Duty staff will take the explanation from the neighbors and those who caused the outfit. On the morning of the district to come and again interrogate the parties to the conflict. It is advisable to complain not only you - to confirm that the loud music or screaming can interfere with rest and other tenants.
Thus, in Moscow troubled neighbor will get off first warning. And for repeated violations already be fined Article 3.13. Administrative Code of the City of Moscow. Violation of the peace and quiet of citizens in the amount of 1 000 to 2 000.
3. Complain to the management company or HOA
After complaining about the noise the organization must send the employee, who confirmed that the tenant is behaving too loudly. Experts are to examine the apartment: perhaps for days he makes repairs or illegal re-planning. As a result, they amount to an act of inspection apartments, which can be used as evidence in court.
The downside is that the utility come with inspections during working hours when too cheerful neighbors may have to sleep.
4. Complain to the Federal Service
Professionals should visit the area and to measure the noise level. If it exceeds all limits, the culprit will be fined.
How to evict neighbor without trial
Forced to move a neighbor who prevents to live the rest, it is possible and without a trial. Everything depends on what rights he occupies the apartment.
If the living space from a neighbor in the social recruitment
In this scenario, to evict a tenant noisy easier. Social recruitment - it is easier to say, rent a council flat. You need to collect evidence and to complain to the administration. According to the Housing CodeArticle 83. Housing Code. Termination and termination of social tenancy agreementIf a resident of the house violates the rights and the peace of neighbors, the municipality may terminate a contract with him. Is considered a serious violation, so a new apartment will not give troublemakersArticle 91. Housing Code. The eviction of the tenant and (or) living together with him members of his family from the premises without providing alternative accommodation.
If the neighbor is renting an apartment from a private individual
for behavior tenants responsible landlord. He needs to talk about noisy neighbors. If the owner does not pay attention to complaints, it is necessary to find out whether he has a lease. As a rule, many do not make out documents when rent apartments. Therefore, before the trial, such cases do not reach: the owner does not want to be prosecuted for illegal business.
If the owner of the apartment does not go to the contact, complain to the tax office. He makes a profit from rental housing, and therefore has to pay taxes. He will be punished for failing to payArticle 122 of the Tax Code ruble. And it is unlikely he will continue to take an apartment in the same noisy tenants.
When to go to court and how to do it
The most difficult option - when the owner of housing did not respond to any comments that the tenants are behaving too loudly, or he breaks the silence. Then you can try to carry out the eviction in court. But this is an extreme measure. Typically, these processes are rare.
On the evidence collection will leave more than one day or even one month.
The more complaints to the management company and the Federal Service and appeals to the police, the better.
All copies of protocols and inspection acts together with a statement that the neighbors need to be evicted, point to the housing department of the local administration. Only the local government can deprive a person of property.
True, it will happen not immediately. Officials will give the tenant time to correct violations and to behave more quietly. If he did not react - it is necessary to go to court. Typically, the administration itself submits a claim after will understand the situation and realize that a tenant violates the rights of others.
If not, you are free to go to court on their own. It is better to be a class action: the more people will sign it, the easier it will be to prove the guilt of a neighbor. The statement of claim, a sample of which can be download and print, contains several parts:
- Chapeau: write the name of the court to which application is supplied, the data of the plaintiff and defendant, their place of residence.
- Descriptive part: specify the essence of the conflict, all the circumstances and the actions you have taken to him smooth. Attach documents that have been issued (Acts survey apartments, decisions on bringing to administrative responsibility, and so on).
- Reasoning of: list the rules of law which violated the neighbor. This can be done alone or with a lawyer.
- Final part: specify their requirements. In this case - the eviction. More can you ask for compensation for moral damage.
When applying to the court pay the state fee, submit your passport and proof of ownership of the apartment.
During the process, you will need to submit all audio and video recordings. They will also have to give testimony other tenants, the police and the management company. according to the article,Article 293. Civil Code. Termination of property rights on the contents of the dwelling carelessly 293 of the Civil Code, if the evidence is conclusive, the court decides to evict a neighbor. The apartment will be sold at public auction and the proceeds will be given to the owner.
The court rarely sees such things. But precedents still there: in 2009, was evicted in the Sverdlovsk RegionResident of the Sverdlovsk region was deprived of an apartment too loud music DJ. In the two years amounted to 42 precinct on administrative violations protocol. A local administration for two months counted 16 complaints from neighbors.
Unfortunately, the offender will not be evicted, if they have minor children, and this apartment - a single family dwelling. The Housing Code statesArt. 91 LCD RFThat without the provision of other facilities can be evicted only those who are deprived of parental rights (provided that the children are more not living with parents).
To fight for the silence is not easy. But everyone has the right to a peaceful retreat, and not be afraid to defend this right. Have you faced the problem of noisy neighbors? Share your story in the comments.
see also😴
- How to deal with neighbors who leave trash in the stairwell
- Terms of repair, or How to make friends with a man-neighbor
- What if the neighbors are noisy