Official evidence for eviction
If an alcoholic neighbor does not make contact, does not give in to persuasion and continues to live as he is used to, then there is only one logical option left - going to court. To do this, you will need to collect a lot of papers and signatures that legally prove the fact of violations on the part of the drunkard:
- Protocols that were drawn up by the police for the entire period of residence at this address;
- Residents' statements in writing;
- Conclusion of Rospotrebnadzor on the sanitary condition of housing;
- Official documents containing confirmation of damage to property, both public (broken windows in the entrance, doors) and personal (possible if neighbors are flooded);
- Debt on utility bills (the management company will be happy to provide an extract about such a troubled tenant);
- Other documents and protocols proving previously committed actions that violate the general order of the house and all residents.
The speed of consideration of an application to evict an alcoholic neighbor and the adoption of a positive decision directly depend on the quantity and quality of the documents provided. You need to understand that words and complaints alone can achieve little.
Help the police
By abusing alcohol in large quantities, it is impossible to avoid contact with law enforcement agencies, so you need to contact the local police officer, who has the right to provide copies of all protocols drawn up for this resident for the entire period of residence at the current address.
Is it possible to sell a garage without documents? You will find recommendations and a sample contract in this material.
Don’t be embarrassed to call a patrol squad during an ongoing trial. These facts will only worsen the situation of the antisocial citizen, which will make his eviction one step closer.
Sample application to the district police officer.
Influence of Rospotrebnadzor
Upon call from neighbors, the organization’s employees go to the site and draw up an act on compliance with the standards for maintaining residential property.
It is unlikely that they will be able to detect any order. Instead, in apartments whose owners abuse alcohol, complete chaos, dirt, and favorable conditions for all kinds of insects (cockroaches) constantly reign.
Where to go to get a cadastral passport of a land plot? Step-by-step instructions are available at the link.
The owner himself can be a carrier of infections and parasites, for example, lice.
In such cases, Rospotrebnadzor employees are obliged to disinfect the premises, as well as the person himself, if necessary, and draw up an appropriate act, a copy of which must be attached to the eviction case.
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Category : Housing law Replies : 3
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| Gattman |
| Good day. Can I evict my retired father - an unemployed drunkard, rowdy, hooligan - from his apartment? My father is registered and lives in an apartment, which is located in Minsk and became my property by inheritance after the death of my mother. Currently, the father lives in this apartment alone. From the apartment, he set up a real hangout where all the alcoholics in the area gather. He constantly (daily) violates the rules of living in an apartment building. Noises, screams, obscene language, and stench can be heard from the apartment both day and night. Neighbors living behind the wall complain (including to the police and the housing department) about the impossibility of living next door to this subject. The neighbors of the entrance have repeatedly contacted the police, but he does not even open the door for the police when they arrive in response to a call from the neighbors. But both the district police officer and the housing department report that apart from fines for administrative liability, of which he has plenty, no punishments are provided. Due to the fact that it is impossible to live together in the same apartment with an unstable alcoholic, I, together with my family (pregnant wife and 5-year-old child), are forced to live in a rented apartment and pay a lot of money for rent. It is impossible to talk with my father; he does not make any compromises. My father has a mother who lives in her own apartment in Minsk. Please tell me what to do in this situation? Is it possible to evict him from the apartment?? |
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| mariyatab [email hidden] Republic of Belarus, Minsk Wrote 951 messages Write a private message Reputation: | #2[76995] April 4, 2020, 10:44 |
Quote:
Article 85. Eviction of citizens without providing them with residential premises 1. The following are subject to judicial eviction without the provision of other residential premises at the request of the owner of the residential premises or other interested parties: - adult members, former family members of the owner of the residential premises, living together with him and not having shares in the right of common ownership of occupied residential premises, citizens who during the year were brought to administrative responsibility three or more times for violation of the rules for the use of residential premises, maintenance of residential and auxiliary premises, resulting in destruction, damage to residential premises or in using it inappropriately appointment, or for other violations of the requirements of this Code, making it impossible for others to live with them in the same apartment or in the same residential building, were warned by the owner about the possibility of eviction without the provision of another living space and, within a year after such warning, were brought to administrative responsibility for similar offenses.
If you are ready to evict your father from the apartment, then write him a warning and then go to court.
I want to draw the moderator's attention to this message because:Notification is being sent...
| mac-ron [email hidden] Wrote 350 messages Write a private message Reputation: | #3[76998] April 4, 2020, 12:01 |
I want to draw the moderator's attention to this message because:mariyatab wrote:
First, demand that your father be referred to a medical and occupational health center, about which write a written statement to the police (it is necessary that he be brought to administrative responsibility at least 3 times).
Quote:
not everything is so simple with LTP in this situation.
“Can I evict my retired father
?” Article 4. Citizens sent to labor treatment centers
The following are not subject to referral to labor treatment centers:
citizens under the age of eighteen;
citizens who have reached the generally established retirement age;
pregnant women; women raising children under one year of age; disabled people of groups I and II; citizens who have been diagnosed with diseases that prevent them from being in a medical and labor dispensary. The list of diseases that prevent citizens from staying in labor treatment centers is approved by the Ministry of Health of the Republic of Belarus.IMNO
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| MikhAn [email hidden] Republic of Belarus Wrote 1131 messages Write a private message Reputation: 113 | #4[76999] April 4, 2020, 12:30 |
Gattman wrote:
..
became my property
by inheritance after the death of my mother... Is it possible to evict him from the apartment??
If you are the owner of the apartment and your father does not have a share, and the title documents (certificate of state registration of the apartment) are issued in your name, then, of course, you can evict. Judicially. If you refer to the fact that he is rowdy, a drunkard and protocols were drawn up repeatedly, then use clause 1 of Art. 85 Housing Code:
Quote:
Article 85.
Eviction of citizens without provision of residential premises
1.
Subject to eviction
in court
without provision of other residential premises
at the request of the owner of the residential premises or other interested parties: citizens who
have been brought to administrative responsibility three or more times during the year for violating the rules of use residential premises
, maintenance of residential and auxiliary premises, expressed in destruction, damage to residential premises or in using it for other purposes, or for other violations of the requirements of this Code, making it impossible for others to live with them in the same apartment or in the same residential building,
were warned the owner about the possibility of eviction
without providing another residential premises
and within a year after such a warning were brought
to administrative responsibility
for similar
offenses;
In this case, the conditions must be met: after three protocols - a warning about eviction, after a warning - another protocol. mariyatab told you everything correctly. The only thing I disagree with mariyatab is the direction to LTP. And not because “retirement age”, but because “why do you need all this trouble?”
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Certificate from housing and communal services
People suffering from chronic alcoholism are usually unemployed or do odd jobs. Income, as a rule, is spent on drinking. And so on in a circle. Naturally, payments for utilities are not made, as a result of which a debt is formed for a fairly large amount .
A certificate of debt can be obtained from the management company. This document will play a big role in the future eviction of an alcoholic.
Perhaps a utility service employee will want to be present at the court hearing, which will make the situation easier for the tenants and convincingly prove the tenant’s inability to occupy this living space.
Testimony from neighbors
It is necessary to hold a meeting of the residents of the house and notify them of the upcoming matter. Those who wish can testify in court about the life of an antisocial citizen and about his specific actions that violate their rights.
A significant role will be played by the testimony of those people who are immediate neighbors - those living with an alcoholic in the next apartment, as well as in the apartments above and below.
To enter into an inheritance, you need to prepare some documents. You can see the list in this publication.
These people are direct witnesses to the hectic life of the evicted citizen, all his nightly drinking and guests with a similar lifestyle.
It is necessary for each person to write an individual written complaint against the troublemaker, which will be attached to the common cause. This option will be of greater significance in contrast to a collective complaint, when there is one text and only the signatures of residents.
Testimony from neighbors can play a decisive role.
Procedure for eviction from an apartment
Evicting a dangerous and antisocial neighbor from an apartment has a number of features related to the status of the living space.
Privatized apartment
It is almost impossible to legally evict an alcoholic from his privatized apartment.
To carry out the procedure, you need a significant package of evidence about the non-core use of housing, the organization of an alcohol store, illegal redevelopment or the emergency condition of the apartment, which threatens neighbors.
Another reason why the court may take the side of the plaintiffs may be a large debt on utility bills. In this case, the apartment will be sold at auction, and the restless neighbor will be given the amount remaining after the debt is repaid.
Municipal apartment
Living in municipal property is equivalent to renting. The social tenancy agreement initially sets out the conditions that the tenant must comply with. It is sufficient to reasonably prove a violation of these obligations in order to evict the alcoholic.
Communal apartment
The procedure for evicting a drinking neighbor from communal housing is complicated by living in close proximity to the culprit of the riots. However, this will not be difficult to do if there is evidence of evasion of utility bills for more than six months, a systematic documented violation of law and order, or a conclusion from the housing commission about the inadequate sanitary and technical condition of the room.
How to evict an alcoholic neighbor?
No one argues that eviction is a last resort measure , used when it is impossible to influence a person in other ways. Therefore, an explanatory conversation should initially be held, even if it is obviously clear that this will not give a positive result.
How does the process of entering into an inheritance occur if a will has not been drawn up? See the link for the procedure.
A person needs to clearly explain what the claims are against him, what exactly he is violating and how he should not behave. You need to make him understand that no one cares about his lifestyle if it does not affect others.
The collected documents prepared for the court should be demonstrated and explained what they mean and what consequences may occur after this.
If there is no result, the documents are sent to the court to initiate eviction proceedings . It should be remembered that the court’s decision, in addition to the collected papers, may be influenced by the following factors:
- Who exactly owns the apartment - municipal or private (find out whether this citizen is the owner?);
- Family composition (presence of minor children);
- State of health (presence of disability group);
- Availability of other housing.
Communal apartment and dormitory
If a dysfunctional tenant lives in a “communal apartment” and regularly disturbs the peace of the other neighbors, then eviction is not difficult.
After appropriate requests and statements from neighbors, the alcoholic is given a warning and a period is set during which he will have to correct himself.
During this time, there should not be a single complaint from residents. Otherwise, the landlord draws up the documents and the citizen is evicted from the room without providing another living space.
This process is typical for rooms in a communal apartment and dormitory, where the living space is not privatized.
Municipal apartment
The scheme of actions is similar to the previous one, because municipal apartments belong to the city , the residents living in them are not owners, but only tenants.
It is enough for neighbors to submit a written application to the city administration or the specific institution that owns the living space, and the alcoholic neighbor will be issued a written warning.
Non-payment of utilities often plays a major role. Eviction is possible simply for debts.
Privatized apartment
The most difficult option for evicting an alcoholic is from a privatized apartment. If he is the owner or there are minor children, then it is almost impossible to evict such a person.
Disability of 1-2 groups is also the main reason for refusal of eviction.
What to do if your neighbors flood? A sample flood report and the procedure for filling it out can be found in this material.
For a positive result, it is necessary to provide maximum documents confirming the neighbor’s immoral lifestyle, which is accompanied not only by daily drinking, but also by more flagrant violations of the law, up to and including a threat to human life.
An important part is a correctly drawn up statement of claim . For this, it is more advisable to involve lawyers, because the claim is filed only once.
In any case, eviction of a homeowner is an extremely complex and lengthy matter, which can take up to several years.
A sample statement of claim for forced eviction is available.
Sample letter of claim for eviction.
When an alcoholic is a property owner
This is the most difficult situation, since the forced eviction of the owner from his own apartment contradicts the principles of protection and inviolability of private property.
However, if the owner drinks heavily, fights, creates a threat of destruction of housing, that is, causes a lot of trouble for family members and neighbors, the local administration can force the apartment to be sold at auction. Only prior notice to the owner is required.
In such a situation, family members are at risk of eviction, since, according to the law, a change of owner leads to the loss of the right to use the residential premises. Therefore, the only option to save the apartment is to buy it from the alcoholic owner.
Conclusion
Whatever the court's decision, the residents will remain in the black . If an alcoholic neighbor is evicted, that’s what was required.
If the court refuses to satisfy the claim and the citizen continues to live at his address, then this will be a good lesson for him.
Often, after such procedures, people really change. And even if not in full, they clearly imagined the consequences of their actions, and what kind of reality could await them.
Watch this video to learn what to do with noisy neighbors:
How to get rid of drunk neighbors legally
The only method of legally dealing with a drinking neighbor is to suppress all manifestations of antisocial behavior with the help of the police. You can call a squad or ask the local police officer for help. The article will help you do this according to all the rules: “Application to a district police officer against unlucky neighbors: pitfalls, writing samples”
It must be taken into account that the police are reluctant to respond to such calls, so it is better to submit collective appeals, which are more difficult to ignore.
A sample application from one resident or group can be downloaded here. (Collective complaint to the police. Sample complaint against neighbors of drunks.)
It is important to record every call to the police, keeping copies of the statements with a stamp of acceptance. These documents will serve as evidence of attempts to resolve the conflict pre-trial.
