What to do if neighbors illegally installed a common door on the staircase


Is it possible to store a bicycle, cabinets, and other things on the landing, in the entrance or in the corridor?

Common building premises are stairs, their flights and landings, basements, attics, elevators, etc. They belong to the right of shared ownership by the owners of the apartments of this building. The ownership share depends on the area of ​​the apartment.

That is, apartment owners have the right to own and use common premises. However, this right does not apply to:

  • some hostels. For example, where students or military personnel live;
  • municipal housing, since the owner there is the municipality.

The law imposes some restrictions on the use of common property.

First of all, it must be kept in proper condition:

  • carry out major and cosmetic repairs;
  • regularly carry out wet cleaning;
  • monitor the temperature;
  • maintain the power supply system and other technical communications in good condition;
  • take out garbage, and especially not litter the premises;
  • preserve the architectural appearance of the entire building.

Residents do all this on their own or involve a management company.

There is also an important restriction on the use of common property. You cannot violate or limit the rights of other residents - neighbors. And it is also prohibited to clutter the entrance with your belongings.

When not to

You need to keep a closet, drawers, bicycles, strollers and even motorcycles in your apartment. If there is no separate storage room, then this can be done in the hallway or on the balcony. But in any case, not at the entrance.

This ban is due, first of all, to considerations of the safety of the residents themselves. Indeed, in the event of a fire, evacuation from the house will be complicated by objects standing on the stairs and landings.

The management company is also interested in having an entrance free of various rubbish. After all, it can interfere with the maintenance of the communication systems of your home.

Rules for living in apartment buildings and fire safety rules impose a number of restrictions on the use of common premises. So, you can't:

  • store things in the entrance, landing and flights, elevator, basement, attic, or in any technical rooms;
  • keep explosive substances in all of the above rooms, as well as on the balcony and loggia;
  • fence off part of the common area for personal use (that is, make a vestibule);
  • install dryers;
  • keep any animals.

However, there are exceptions to any rule. Especially if you come to an agreement with your neighbors.

In what cases is it possible

The width of escape routes, by law, must be at least 1.2 meters. It turns out that if things reduce the passage no narrower than to this width, then you can still leave them.

But they shouldn't be:

  • explosive;
  • flammable;
  • decomposing - that is, they should not stink, deteriorate, or attract cockroaches and mice.

We must not forget about the right of shared ownership. The occupied area should be proportional to the total square footage of the apartment.

And one last clarification: you need to ask the consent of your neighbors. Preferably in writing. If they are against the fact that you have occupied part of the driveway, then you will have to remove these things. Because the law is on their side.

What is enshrined in law

The corridor and staircases should not be filled with things, since in the event of an emergency, nothing should prevent people from leaving a dangerous place. In this regard, citizens who own apartments are obliged to control order in these areas.

The rules for the use of common property are reflected in the following regulations:

  • in Decree of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the rules for maintaining the common property of an apartment building.” This act specifies the rights and responsibilities of citizens. In case of violation of these rights, victims can complain about the violator to the management company or housing and communal services;
  • in the Housing Code of the Russian Federation;
  • Federal Law “On Fire Safety” dated December 21, 1994 N 69-FZ. This act lists the restrictions that are imposed on the rights of owners. Thus, residents are prohibited from creating closets and storing large items on staircase landings;
  • in the Civil Code, Civil Procedure Code, Administrative Code and Criminal Code. For violating the established rules, the violator may be subject to civil, administrative or criminal liability.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Where to contact

It happens, although not often, that a simple conversation and a request to vacate passages and common areas is enough. So before you complain, just talk to your neighbor.

The next step could be a residents' meeting. The violator will be given a warning. But be sure to record the progress of the meeting and collect signatures.

If it is not possible to resolve the conflict peacefully, you must contact the authorized bodies. Where exactly?

We complain to the Criminal Code

The first authority will be the management company. Ensuring the cleanliness of common areas is her direct responsibility.

Basic principles for drawing up an application:

  • oral appeals are not so effective, submit in writing;
  • describe in detail the reasons for your request;
  • focus on the fact that clutter in the entrance hall interferes with access to apartments, and garbage and old things can attract rats and cockroaches;
  • attach photographs of the clutter;
  • tell them that requests to clear the house of objects that bother you did not work;
  • ask to force these residents to remove all unnecessary things from the mentioned territory.

Download a sample application to the management here[/anchor]. ⇐

The complaint can be submitted independently or sent by registered mail.

In response, the Criminal Code is obliged to create a commission and carry out an inspection. Based on its results, an act is drawn up in which all comments are entered. The act is signed by members of the commission and interested neighbors.

It is better to make a copy of the act. It can be evidence of the measures taken if the case goes to court.

To the fire department

The next authority that controls the staircases and platforms between floors free from rubble is the fire inspectorate (a division of the Ministry of Emergency Situations). It can not only issue an order and fine those who like to store garbage, but also punish the management company for inaction.

⇒ There is a separate article on the rules for contacting the fire inspectorate on our website.

Rospotrebnadzor

If unscrupulous neighbors forget to take out the trash and put it in a common corridor or vestibule, then you have a direct route to Rospotrebnadzor.

This organization monitors the sanitary condition of residential and administrative buildings.

And all residents, whether they are owners or tenants, are required to monitor not only compliance with fire safety standards, but also the cleanliness of the house.

In your application, please describe:

  • your last name, first name, patronymic and address;
  • address of the offender;
  • sanitary situation of common areas with photos and videos attached as evidence.

Download a sample application to Rospotrebnadzor here. ⇐

The Rospotrebnadzor commission will conduct an inspection and draw up a protocol.

If the fact of clogging of common premises is confirmed, a conversation is held with the violator and a fine is issued.

In addition, within 30 days, representatives of the organization are required to give a written response to the applicant.

To court

The court is the final authority when all previously taken measures have not brought positive results.

When going to court you must:

  • in the statement of claim, describe in detail what happened, and refer to the laws, and not to your emotions;
  • pay the fee;
  • enlist the support of neighbors and all the organizations listed above;
  • attach copies of appeals to other authorities, protocols of inspections;
  • photos and videos of clogged rooms.

The application form to the court is available ⇐

It may happen that the slobs will only need one summons from the court, and your entrance will sparkle with cleanliness.

If this does not happen, the court will listen to all parties, witness testimony and make a decision. And most likely, it will be in favor of the applicants.

Appeal to the Criminal Code

Free legal consultation

If the violator does not want to make contact and does not comply with the neighbors’ requests, they should file a complaint with the management company or the chairman of the building council.

It is recommended to file a complaint directly with the service organization, since the chairman cannot take any action against the violator. He can only talk with the violator and warn about the consequences that further violations will lead to.

Important! The task of the management company (MC) is to maintain apartments and maintain common property. In this regard, she is obliged to monitor order in the corridor and on the staircases. If one of the apartment owners litters common areas, then the neighbors should contact the Criminal Code with a written statement.

The statement must describe the offender’s reaction to requests to remove the garbage (ignores requests, expresses aggression, etc.).

The application must also be accompanied by evidence:

  • photographs of rubbish on the site;
  • video and audio recordings of oral address.

Employees of the organization that services the house are required to consider the application and take action. Once the request is received, they will conduct an inspection.

If the arguments specified in the complaint are confirmed, then the employees of the Criminal Code will draw up an act. Along with a copy of this act, the violator will be sent a request to remove waste from the common area.

In case of failure to comply with the request of the authorized person, the management company employees may initiate legal proceedings.

ATTENTION! Look at the completed sample claim in the Criminal Code:

An example of filling out a claim in the Criminal Code

What else can you do

It is better to equip a storage space in your apartment. For example, a folding stroller or even a moped will fit perfectly on the balcony. And the bike can easily be hung on the wall. This will make for an interesting interior detail.

Of course, to do this you will have to keep the wheels clean.

As for old furniture and clothes, leftover building materials, it is better not to store them at all. It is believed that if you don’t need an item for a year, you will never remember about it.

If you yourself don’t put anything in the entrance, but your neighbors’ things literally leave no way through, under no circumstances throw them out yourself. After all, it is someone else's property.

The neighbors littered the vestibule, what should I do?

Living in apartment buildings can sometimes cause some inconvenience. Most often they are associated with the actions of people living in the neighborhood. Loud noise, dirt in the entrance after renovation, constant screaming and swearing can serve as grounds for a complaint against neighbors. What if the neighbors litter the landing? We will tell you what to do in this case below.

  • What to do if a neighbor demands that the vestibule in the stairwell be demolished?
  • What to do with such people?
  • If neighbors litter the common corridor, what to do and where to go
  • What to do if neighbors block the common corridor
  • Neighbors have littered the common corridor: what to do?
  • Neighbors litter the common corridor - what to do?
  • Conflict with neighbors over a cluttered vestibule

What to do if a neighbor demands that the vestibule in the stairwell be demolished?

Guest, if they don’t stop the showdown over the unfortunate stroller, my dog ​​will eat in the vestibule. Besty I also had an issue with the smelly garbage dump. I didn't like it either. But what I don’t like is my problem.

As a result, I started throwing out my neighbors’ garbage along with my own - I don’t mind carrying an extra bag.

What a rant they raised because of something unnecessary even to you, which, well, honestly! Thanks to the neighbors for taking the huge thing to the trash heap for free! VIDEO ON THE TOPIC: Where to complain if neighbors litter the hallway

What to do with such people?

If a person is forced to clear away rubble every day in order to get into his own apartment, then sooner or later he will get tired of it and will simply put his things in another place.

There are several legal ways to deal with negligent neighbors:.

Management company What to do if neighbors do not respond to requests, ignore comments, announcements and collective letters? In this case, you can contact the chairman of the house council or directly the management company.

Surely, neighborly wars would stop once and for all if everyone respected and did not violate other people’s borders. But this doesn't happen.

It is better to live amicably with your neighbors, without starting quarrels and discord over trifles.

However, what to do if the passage to the doors of your own apartment is blocked by broken large household appliances, dusty bicycles and other things and objects that are no longer needed in everyday life? Especially if attempts to peacefully resolve the issue and friendly conversations did not lead to an improvement in the situation.

The rules of the hostel are simple and understandable to everyone, but it would be useful to remind them, especially since not all of them are enshrined in legislative norms and rules: Compliance with the rules of cohabitation by all neighbors brings many explicit and implicit benefits, including:.

If neighbors litter the common corridor, what to do and where to go

Even with normal relations with neighbors, few will be satisfied if every day they see a mountain of garbage or other people's things in the common corridor. Now the passage to the door is littered with old bicycles, construction debris and other rubbish, generously flavored with a centimeter layer of dust.

How to force neighbors to remove things from the corridor in such a difficult situation? There are several options for action if human conversation does not help. According to the Housing Code of the Russian Federation, premises of a multi-storey building that are not part of apartments and serve to meet the needs of residents can be considered the common property of all owners.

Only through a general meeting and agreement can it be transferred to someone for use, and then on the condition that this does not violate the rights of third parties.

What to do if neighbors block the common corridor

In our old apartment, in a vestibule 4.5 by 2 m, there was a common bedside table where we and our neighbors stored onions, carrots, potatoes and other small things. Our apartment had a wall of 4.5 m, theirs at the end. Shoes were left near their doors. There are no quarrels, everyone is happy.

We bought a 1-room apartment. Our neighbors on the common corridor have a 4-room apartment.

By Guest, February 8, in Tips and reviews. The neighbors shout that the corridor outside the apartment is shared and no things or boxes can be stored in it.

My father is an old man and, like some old people, he wants to improve something in the house, and for this he collected some furniture parts and placed them in the corridor, which has a common entrance door and through this corridor you can get to two other apartments. Thus, it can be called a public place.

Neighbors have littered the common corridor: what to do?

Good day, I am interested in the issue of demolishing the vestibule on the landing of two apartments in an apartment building. The neighbor is an old, gloomy grandfather, he doesn’t let anyone live in peace, he got to the bottom of me and invited some specialists from the House Management. A week later, a letter came about the demolition of the vestibule with a bunch of errors, missing articles of the housing code and seals.

WATCH THE VIDEO ON THE TOPIC: Storerooms and junk or how to deal with them

Write your question – within 5 minutes our expert will call you back and give you a free consultation. Fill out the form with contact information and receive a free consultation within 5 minutes. Of course, no one wants to develop a conflict with their neighbors over every little thing. Read what to do if neighbors litter the common corridor. 1 What measures can be taken?

Neighbors litter the common corridor - what to do?

Alexander, April 6 in General questions on housing law. Once upon a time, neighbors and my grandmother installed a door to the vestibule. Now I got the apartment.

I live with a girl and have conflicts with neighbors because of this very door. The problem is that on our site periodically there are drug addicts and there are syringes and other waste lying around.

The main problem is that the girl returns from work in the area

The neighbors forced the entire common vestibule in front of the apartments, it was impossible to pass. The court explained that, according to current legislation, this must be done either by registered mail with notification of receipt, or by telephone with a recording of the conversation.

Surely, neighborly wars would stop once and for all if everyone respected and did not violate other people’s borders. But this doesn't happen. Take, for example, a common inter-apartment area.

Conflict with neighbors over a cluttered vestibule

Living in an apartment building implies close communication with neighbors, since the landing is the common property of several families.

And of course, I want such coexistence to proceed in a peaceful manner.

However, what to do if the neighbors are completely crazy and live only for themselves, not taking into account the presence of other residents of the house at all - they carry out repair work for months, and even litter the corridor, turning it into an impenetrable jungle.

WATCH THE VIDEO ON THE TOPIC: Step-by-Step Instructions on How to Stop Neighbors from Putting Garbage Bags in the Common Corridor!

An indignant client came with a question. The neighbors have forced the entire common vestibule in front of the apartments, it’s impossible to walk through, you’re always covered in bruises, what should you do? The only way out if neighbors cannot agree is to punish. To do this you will have to go to court.

To put an end to wars between neighbors, everyone needs to learn to respect and not violate other people's borders

Comrades, my friends have this situation, it may seem comical, and it did to me, but can anyone advise whether this situation has legal consequences and how to solve it. The point is this. Two apartments. One vestibule. A “wonderful” neighbor lives in another apartment.

Source: https://grsh-electro.ru/otveti-advokatov/sosedi-zahlamili-tambur-chto-delat.php

Fines for littering MOPs

For storing things in common corridors and entrances, the law provides for liability in the form of a fine.

For violation of fire safety rules, in accordance with Article 20.4 of the Code of Administrative Offenses of the Russian Federation, a fine of 2 to 3 thousand rubles is provided for individuals, and a fine of 150 to 200 thousand rubles for legal entities. The legal entity in this case is the management company.

Also, a fine may be imposed on the Criminal Code for improper maintenance of residential buildings - 40-50 thousand rubles (Code of Administrative Offenses of the Russian Federation, Article 7.22).

Other authorities can also issue fines of varying sizes - Rospotrebnadzor (500-1000 rubles) and the fire inspectorate (up to 30 thousand rubles).

Each time a violation is repeated, the fine increases. This may force slobs to clear out the clutter.

How to make an application?

If your neighbors violate housing standards, you can complain about them to one of the above authorities. Oral appeals will not bring much results, so it is worth drawing up a written document. The application can be drawn up by one person or collectively. In any case, it must indicate the body to which it is submitted and the details of the applicant(s).

Next, you should state the essence of the problem and point out the violating neighbors. The complaint must be signed by the person who made it. You can submit it in person, via mail or electronically if the addressee has such an opportunity. When contacting various supervisory authorities and inspections, sample complaints can be found on their websites or directly at the organization’s office.

Even when living in your own apartment, you should not forget about the interests of your neighbors and the rules for using residential premises in an apartment building. If neighbors allow their violations, you can influence them in several legal ways. The main thing is to know about your rights and not be afraid to defend them.

You can find out what to do if your neighbor litters your apartment by watching the video:

Noticed a mistake? Select it and press Ctrl+Enter to let us know.

The court is definitely useless here if you don’t have a video recording in which the faces are visible and it’s clear that it’s the neighbors who are littering the site. In other cases, there is no point in fighting legally. But I’ll give you a hint: when my cat shit on the floor, I dipped his face into his “products.” But in this case, you need to know exactly what you are doing and how you are doing it, so that the law does not get to you. But this is one of the effective ways, at least it works on cats))

Unfortunately, littering the landing is not the worst thing that neighbors can do all the time; it is very difficult to ensure that they are somehow influenced, usually they wave their hand at such things and do nothing.

We went through all the circles of hell with a similar question, but only one solution helped. I took all the trash outside. On the same day, the neighbors removed everything that was in their entrance and this has not happened again.

I live in a dorm. The neighbors littered the hallway with old cabinets and refrigerators that should have been thrown away long ago. Persuasion did not help, then I complained to the fire inspectorate. The first time, they only warned the residents, and most of the trash moved to the landfill. Some neighbors did not part with their goods, but it still became more spacious.

Littering a stairwell is, first of all, blocking escape routes, and then placing potentially flammable objects in crowded areas. Roughly speaking, if a neighbor placed pieces of iron in the corridor, but you can walk past them, this will not be part of Art. 20.4 of the Code of Administrative Offenses of the Russian Federation with reference to Art. 89 "Tech. regulations on fire requirements security." What is noteworthy is that not only the fire supervision of the Ministry of Emergency Situations, but also construction supervision employees can draw up a protocol under this article - this is usually the corresponding division of the Main Construction Directorate of your subject of the Federation. In general, if some are not fined, feel free to call others.

Unfortunately, it is often very difficult to come to an agreement with such neighbors. There was a similar situation and friendly conversations did not help. We also contacted the housing inspectorate, but it did no good, we had to threaten legal action and only then did the neighbors clean everything up. Although, after reading the article, I understand that suing for this is not as easy as it seems.

Vasily, sorry, there is no need to negotiate with anyone. You've probably seen how people (shown on TV more than once) from the third floor and above / “have fun” jumping out of the windows - and as a rule “to pieces”! And why, well, you might think, why did he run up the stairs without breathing for two or three floors and everyone and they are jumping. And modern “shit”, it’s unclear what kind of plastic will create such a fume, such a smell, even an outwardly beautiful baby stroller or an old refrigerator that can “just explode” and door fillers can easily poison “several times” the whole entrance and where the corpses are, citizens there is damage and prison and prove that It wasn’t your stroller that made your neighbor die in the hallway. But all you need to do to go to jail is that in the fire inspection report it was written that in the entrance there was a stroller made by so-and-so, made from ..... which, when burned, releases ..... which could have been the cause of, say, the loss of consciousness of citizen so-and-so everyone... arrived. If you wash yourself off, you will prove that you are not a camel. And these citizens are very serious. It seems like it's worth running two floors. Any thing left in the entrance and in a calm environment will not even create any obstacles for you, but in a fire in the smoke with your eyes closed and arms outstretched, you go God knows where and in a panic and stumble over something, say a pipe heated to white heat or burning clothes and you fall and then you get up? And where to go you will find - the time is allotted to you for a second you cannot breathe. Here is the mess in the entrance - this is death, 100% death, and where is the guarantee that through this “mess”, through this old refrigerator that is a pity to throw away, someone other than your child, a relative, will die or the court will not find you guilty. Therefore, the Laws directly prohibit littering entrances. How serious is the fire? I’ll tell you the car burns for 2 minutes, it seems like oh how long does it take to open the door and fall out. But I didn’t see anything “fallen out”, but the corpses are still burning, as always, both in the car and behind the wheel. Citizens, think this very seriously. I’m not a firefighter, no, but earlier when I worked I often had to go to fires - orders obliged me - I was looking for crime. So citizens, take care of yourself, respect yourself, your life is in your hands and even slippers in the entrance can cause death, this is very serious and without laughter. And for all the time I worked and “how many fires I visited,” only one survived, although he broke his legs - he jumped from the second floor balcony, only broke his legs, he got off easily only because he was “slightly sober.” If you were sober, you would crash, you would say a stupid statement, but you remember that you probably saw a drunk man, completely (Vo) in the smoke, and how he falls and how he gets up and walks, and how he falls and hits his head on the asphalt, but gets up, swears, and walks. And the next day, apart from minor abrasions and a sore head from a hangover, he had nothing. But if you try to fall sober like a drunk, try to fall once and you will hurt yourself until you get a concussion or even be put in the hospital. This is an explanation for why he survived. That's it, citizens. All the garbage in the entrance from the category “I’ll sell it to someone, I’ll give it away, then I’ll take it to the dacha or let it sit there and not bother anyone”, this, citizens, is your death and in all seriousness, no jokes! Citizens, the most precious thing is stupidity and greed, so take care of yourself and respect yourself. What about suing your neighbor? Citizens, don’t try to prove to a fool that he’s a fool, he simply won’t believe you. There is a Law on Appeals, go write and ask everyone to take action. There are authorities competent for this, so let them deal with this issue! They are experts in this matter! If necessary, a firefighter will write a report on a person whose door is even made of the wrong material, and the sanitary and epidemiological station will find a bunch of reasons to “give birth” to a bunch of protocols - they studied for this this is their “bread” and the cards are in their hands, and prevention is a “necessary” thing and it is better to draw up a protocol than then to extinguish the whole house. After all, how are things with firefighters?” the more a firefighter sleeps, the better he works. This means his prevention is excellent.

But I remembered a long time ago, it was back under socialism, I went to a fire in a nine-story building, well, the modern one with lodges is typical! Firefighters were already there. Well, he arrived in his own way and began to collect material / in our own way, it’s a crime - not a crime / well, the fire was so-so. And then I remember a man jumping from the sixth floor loggia. I don’t know what I was thinking - it’s unlikely to survive from such a height. So that’s why I remember the fire - when it hit the ground, his low shoe flew to the 3rd floor onto the loggia. Such impact power. So, citizens, don’t create problems for yourself!! The fewer burning objects in the entrance, the fewer sources of obstacles, the more chances you have to jump out of the burning entrance. And whoever is curious about what a modern refrigerator is, find out /it seems like a piece of iron/ you will see it in the trash, tear it apart and take a small part of the internal filling with a match, light it and smell it - you will like it - your eyes will sting as if they are not there and you will cough as if you want to spit out your own stomach and your throat will burn as if you drank at least acid. And the mess in the entrance is very serious and it’s better not to experience its “consequences” yourself.

...The police are looking for

There is also the option of filing a complaint with the local police officer and Rospotrebnadzor, which monitors compliance with sanitary standards in public places. But storing furniture and household appliances on the landing can lead to the appearance of insects and rodents.

– A visiting commission should arrive from Rospotrebnadzor, which will make a conclusion about the violation of current sanitary rules and hygienic standards. Of course, this applies to a greater extent to garbage in the entrance, household or construction, but often old furniture or household appliances can also be breeding grounds for cockroaches, bedbugs and mice. If such a fact is discovered, then a fine may be imposed on the people who littered the entrance, says Elena Provorova.

As the lawyer advises, it is worth complaining to various authorities at the same time, then the result will be positive, since neighbors may have to pay several fines at once. And next time they will think twice before littering the entrance again.

All Crimean news in one Telegram channel

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends: