What to do if the conversation failed?
You can use another method of conveying information to noisy neighbors, whose child is crying, running, jumping, and interfering with the sleep of other residents. You need to write a letter that clearly states what you are unhappy with, and leave it at the door or throw it in the mailbox.
In the event that there are many dissatisfied, and restless children greatly interfere with neighbors from above, below, from the sides and even in another entrance, then such a letter is best created collectively.
It is also helpful to make copies of such notes. They will testify that you tried to fight running and crying in peaceful ways. For the same reason, it is necessary to draw up the paper correctly, without insults and the use of obscene expressions.
Drawing up a written appeal to the parents of children who got the entire entrance can be the only way out in those situations if adults react too violently to the slightest remarks about their child.
To avoid a serious quarrel and save your nerves, it is worth negotiating unilaterally, without indicating your apartment number or other data. In this case, parents will be informed that their children are seriously interfering with other residents, but they will not know exactly who decided to complain.
There are often cases when an insignificant conflict develops into a real domestic war. Neighbors begin to mess with each other in all possible ways: cut the wiring, spoil the door upholstery, dirty the door handles.
In no case should one lead to such hostilities. First, such battles rarely end positively for either side. Secondly, one of the neighbors can write a statement to the police and the hooligans will be held accountable for damage to property.
If real meetings of tenants are held in the house, then you can try to settle the problem at one of them, bringing the relevant issue to the agenda. Perhaps a collective discussion will have a positive effect, and in this case it will not even come to contacting the district.
In any case, it is best to first try to resolve the conflict amicably, without involving third parties. This will help maintain warm relations with neighbors and protect yourself from unnecessary disputes and quarrels.
If there is no desire to admonish the neighbors and their children, then the easiest way is to strengthen the sound insulation in your own apartment. The area of the premises will slightly decrease, serious financial expenses will have to be incurred, but the problem will disappear by itself.
Noisy Neighborhood Kids: What to Do?
In apartment buildings, there is often practically no sound insulation between apartments. As a result, increased noise from neighbors, regardless of what caused it, greatly interferes with normal life and rest.
It is important for any person to have their own personal space, which is not disturbed by any outside factors, including unnecessary sounds. Therefore, the law establishes certain norms that are mandatory for all residents, without exception.
Dealing With Annoying Neighbors
How to deal with noisy neighbors with children
If the letter doesn’t help
Often, neighbors from above are in no hurry to make comments to their children, even after numerous comments. Then you have to fight for your right to sleep peacefully, without hearing constant crying, without flinching from the fact that neighboring children run over your head.
It is worth asking for help from the chairman of the council at home, asking for an explanatory conversation. With a similar request, you can contact the district.
As a rule, many are affected by the appearance of a law enforcement official on the doorstep, and it is quite possible that this will help to calm down both children and parents.
On the other hand, the district police officer has no right to do anything besides conducting a conversation, and some residents may not pay any attention to his visit.
If all of the above measures did not change the deplorable situation in any way, then you will have to take a more serious step. to file a statement of claim in court. When the neighbors from above frankly got it out with their behavior, this is the only possible way out of the situation.
It is necessary to enlist the support of other residents, raise all copies of letters left for the parents of noisy children, you can take photographs of plaster, crumbled due to the fact that children are constantly running and jumping from above.
If there was an appeal to the district police officer, then it is advisable to document it too. It is possible that the adults will already understand the very fact of being summoned to court and they will take action in relation to their children. And perhaps they will be affected by the imposition of an administrative fine.
As a rule, after that, you no longer need to do anything. crying, stomping and screaming in the apartment from above will subside as if by magic. But not everyone will go to trial because of ill-mannered neighborhood children who run too much.
At the initial stage of solving the problem, it is best to try to close the issue peacefully by talking with the neighbors from above, from whose apartment you can hear stomping, crying, sounds of a loud TV.
Qualified psychologists recommend listening to some tips to help you understand what to do in a conversation and what is better not to do.
These tips are for balanced, mentally healthy people.
- You don’t have to try to make the person feel guilty. It is a huge mistake to immediately blame the upstairs neighbor for not being able to rest, so you get stressed, and your child does not get enough sleep, and because of this, his grades have dropped. Such claims force people to make excuses, and immediately there is a serious negative.
- You should only talk about yourself. You need to let your neighbor know that you are uncomfortable with his behavior, how you feel at the same time. It is better not to make a lot of comments at once, moreover, in raised tones. a productive dialogue will not work out of this.
- specifics. You need to convey to your neighbors exactly which aspects of their life are interfering with your vacation, and what you would like them to do about this.
- At the end of your appeal, it is worth expressing your hope for an understanding and a successful solution to the problem.
If the neighbor does not accept reproaches, then you need to gently insist on your requirements. You can switch to raised tones only if the interlocutor does the same. There is no need to shame in front of people, it is important to be able to fight back.
You can enlist the support of other residents, but this should only be done if they also suffer from the noise and are interested in a positive solution to the problem. It is not worth involving people from the outside in the conflict, such a decision can go sideways.
Determining the noise level and taking action
It is extremely difficult to deal with loud extraneous sounds, and in some situations it is not at all possible to get rid of their sources. The only thing that can be done in this case is to provide sound insulation in your own apartment.
If the reason for the increased noise is the structural elements of ventilation, elevators or other equipment, then the most convenient option would be to contact your management company.
Its employees must ensure that an independent examination is carried out in order to measure the noise level and, based on the results of the measurements, take the necessary actions.
If the study proves that there is a violation of the norms established by law in the apartment, then the management company is obliged to take measures to correct the situation.
If for some reason this did not happen, then it is necessary to write a complaint and send it to the prosecutor’s office or Rospotrebnadzor. These organizations will also independently verify.
After receiving the results and making sure that the management company really needs to take action, an order will be sent to it to eliminate the source of noise that violates the established standards.
In this case, you must immediately contact the prosecutor’s office or Rospotrebnadzor. These authorities will make sure that there is a violation and administrative measures will be applied to the persons responsible for this.
In this case, an order is issued on the implementation of measures aimed at reducing the noise level or completely eliminating its sources, after which a re-examination is carried out.
Residents can, on the basis of the examination carried out, file a statement of claim in court for compensation for material and moral damage. In this case, it will be necessary to provide evidence of the harm caused.
The same should be done in a situation when extraneous sounds come from the outside. But, in this case, it is much more difficult to achieve the adoption of any measures, since it is almost unrealistic to conduct an examination and identify a specific source of noise.
In those cases when neighbors are noisy, children are running over their heads, someone is constantly crying, barking or meowing in adjacent apartments. it is useless to contact Rospotrebnadzor, this authority will refuse. So what to do if noisy neighbors, especially families with small children, are completely fed up?
To the district inspector
According to sanitary standards 6-СН, the noise level in MKD rooms should not exceed:
‘I cannot sleep through that’ – neighbour driven crazy by barking dog
- 52 dB during the day. from 7 am to 11 pm;
- 44 dB at night. from 23 to 7 hours.
For example, a howling burglar alarm in the yard generates a noise of approximately 125 dB. A barking dog can also create noise that is far beyond the acceptable limits.
If the neighbors do not negotiate, you need to write a complaint to the district police officer. According to Part 2 of Art. 1 of the Federal Law “On Police” dated 07.02.2011.FZ, within the first day after receiving the application, the police officers will come to the owner of the dog and hold a serious conversation to begin with.
If the preventive measure turned out to be insufficient, upon the next visit to the offender he will be fined from 100 to 500 rubles (Article 6.3 of the Administrative Code of the Russian Federation). These are the minimum amounts. In some regions, a fine equal to the minimum wage is imposed for a repeated violation.
Where to go if a dog barks at neighbors?
Many people are familiar with the situation when a dog constantly barks in an apartment or a house with neighbors. Although the law does not prohibit animals on private territory, their presence should not interfere with those around them. If this requirement is not met, you can start a fight with neighbors in compliance with legal norms.
There is no separate law regulating the procedure for keeping pets in the country.
Organizations responsible for the protection of animal rights
Alternatively, you can contact the authorities responsible for the protection of animal rights. Here it is enough to hint at the mistreatment of the dog and give a tip to the address.
After all, a normal healthy dog, which is well looked after, is unlikely to make constant noise and howl. Therefore, the relevant authorities should be puzzled and monitor what is happening. By the way, here you should be given a paper on the appropriate appeal.
What can be demanded in court
According to Federal Law 2, citizens living in multi-apartment residential buildings have the right to receive compensation for harm caused to health by the actions of other citizens, failure to comply with sanitary legislation. Thus, the court can demand:
- Compensate for harm to health (it will need to be proven. attach a doctor’s opinion, prescriptions for medicines);
- Expenses for conducting examinations;
- Legal costs (payment for the services of a lawyer, state duty, execution of a power of attorney and certification of copies of documents).
If we are talking about residents of municipal apartments, then an extreme measure would be the requirement to evict, but it will need to be confirmed by a very impressive evidence base. If we are talking about the owner of the apartment, then, upon a claim on behalf of the local government body, the apartment can be sold at a public auction, and the owner will be reimbursed for its value minus legal costs.
If all else fails, you can try the litigation option. If the dog is out of control and the owner does not want to go to the meeting, you should go to the administrative court.
For this, all copies of complaints to the district police, the society for the protection of animal rights, and the data of the Rospotrebnadzor inspection will be required. They will represent evidence that you tried to resolve the situation out of court.
In addition, among the additional evidence, the following evidence can be submitted to the court:
- Audio recording of a conversation with the owner of the dog and his arguments, and his behavior will also be recorded on it.
- Video recording of the same nature, you can video the testimony of other neighbors.
- Documents and complaints to other authorities in this regard, if any.
The court usually takes one or two months to make a decision on the issue.
Federal Law 2 of March 30, 1999, often referred to as the “Law on Silence”, limits the permissible noise level in residential buildings.
To make it clearer, the car alarm emits sounds on average of about 125 dB. Although each region has the right to make certain amendments to the norms of this Federal Law, nevertheless, these criteria. “time is the permissible noise level”, are observed everywhere.
Thus, each of the tenants of an apartment building who violates the requirements of Federal Law 2 can be brought to administrative responsibility in the prescribed manner. The only thing left to do is to measure the level of noise emitted by the dog so that you can appeal to this law in further proceedings.
Are there any other options
According to experts, movement under the law can often be long and fruitless. Therefore, you can try to remove the noise on your own. Today, special scarers are popular, providing peace and quiet. In fact, this is a kind of whistle that emits electromagnetic waves.
You will have to use it every time the dog is active. over, it is important to understand that a person will not hear him, but a dog will pick up electromagnetic waves sensitively. And she won’t like them very much.
Over time, the dog will develop a conditioned reflex. when he starts barking, he will feel unpleasant in his ears. At the same time, such waves do not cause much harm to the animal, so you will definitely not look like a flayer.
No criminal independence
In such a situation, you should not try to solve the matter drastically, for example, by hiring dog hunters or by causing any harm to the animal. It should be understood that, according to the law, animals are considered human property, therefore, in response, he can bring you to justice for damage or loss. over, the punishment can be harsh. up to imprisonment.
Reporting to the police
In the fight against noisy neighbors, the main thing is to remain in the legal field, therefore, if negotiations do not help, you should call the police or the district.
The district police officer accepts during standard working hours, you can contact him personally or in writing via mail. The district police officer will mark the appeal, which will help if there is a trial in the future. Also, the district inspector is obliged to conduct a conversation with the offender, issue a warning. Often, at this stage, the problem is solved by itself. The police can be called at any time of the day or night.
Important! In these matters, citizens are held accountable not by the police, but by the administrative commission under the executive branch. The police, in this case, should be required to take explanations from the violators and transfer the materials to the commission, for the subsequent drawing up of a protocol and a decision on an administrative offense.
What to do if neighbors are constantly making noise until 23:00?
Daytime noise is limited to fifty-five decibels. Therefore, in this case, the whole procedure remains unchanged.
The repair work deserves a special talk, because, after all, they are a good reason, but they are very tiring. Here you should know some of the nuances:
- The work cannot last more than six hours a day, and three months in total. The exception is new buildings, where it is possible to carry out repairs for a year and a half after the house is handed over.
- In some regions there is a “quiet hour” at lunchtime, for example, from one to three.
- You can not carry out work on weekends and holidays.
- Redevelopment of premises is possible only with permission from the relevant executive body (for example, the Committee for Architecture and Urban Planning under the Administration of the city or district), and must be carried out according to the schedule issued by it. Such work can last no more than four months.
How to tell if neighbors are really loud?
There are official maximum noise standards, which are stipulated in the Decree of the Government of the Russian Federation 7 of January 28, 2006 “On approval of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for habitation and an apartment building as emergency and subject to demolition or reconstruction”:
- In the daytime fifty-five decibels.
- Forty-five decibels at night.
As practice shows, a noise of sixty decibels is really punished, it is this sound level that is perceived by our ear as strong.
For many, the figure of sixty decibels does not mean anything, so it can be compared with the sounds familiar to everyone and their approximate noise level:
- whisper, hours. 30 decibels;
- quiet conversation. 40 decibels;
- a passing passenger car. 60 decibels;
- screaming, vacuum cleaner, crying baby. 80 decibels;
- perforator. 90 decibels;
- jackhammer. 120 decibels.
Is it possible to solve the problem on my own?
First of all, of course, you can and should solve the problem yourself. Sometimes people themselves do not even realize that they are causing discomfort to others by their actions, therefore, first of all, you should talk with neighbors. If peaceful conversations do not help, you should threaten with the police and fines.
Appeal to the prosecutor’s office
In the absence of a response to the problem from the regulatory authorities: police, district, Rospotrebnadzor, you can submit an appeal to the prosecutor’s office.
The statement is drawn up in a free style, the main thing is to attach all the available evidence about the noise, about appeals to the authorities, for example, a second copy of the statement, or the time and date of the call for an official check.
The appeal can be handed over to the reception in person, then you should put a mark of acceptance on your copy. Or sent by mail, with notification.
What is the threat of non-compliance with the law of silence?
At the first violation, a verbal remark is made to the perpetrator, if this does not help, fines are used.
Each region sets its own amount of penalties for these cases. However, the minimum amount of the first fine is five hundred rubles, the subsequent ones will be higher.
For legal entities, this amount will be much more significant, on average, such a fine will be about fifty thousand rubles.
Important! It should be remembered that failure to pay fines on time, especially systematic ones or when there are several fines, can be punishable by arrest for up to fifteen days.
In completely exceptional cases, when the tenant leads an antisocial lifestyle and this is officially proven, eviction is applied.
Statement to the precinct
An application for noisy neighbors can be submitted both with a personal visit to the precinct, and by mail. It is best to make a collective appeal. The application should describe in detail everything that happens, print it in two copies, and leave the second one for yourself, with a mark of acceptance.
Important! Unscrupulous tenants often become a big problem for neighbors. In this case, you can apply with a request for verification to the Federal Tax Service, and if the renters are foreigners, then to the FMS.
Dogs, cats, pets
Neighbors, especially those who love pets, often begin to make real nurseries out of their apartments. At the same time, after listening to the requests and warnings of other residents, they specially breed animals in the entrance, apartment, set them on the offenders.?
The apartment cannot be used as an animal nursery.
Call the sanitary and epidemiological station to assess the sanitation in the entrance and apartment of the culprit. At least, already at the door of such apartments, the level of sanitation drops sharply. An act of violations, a photo of the offender with animals in the yard or entrance is already a sufficient package for going to court.
If the apartment is used as a nursery, the owner may even be evicted for systematic violation of the rights of other residents.
If neighbors breed dogs and set them on others, they face criminal liability for threatening life, and the dogs will be transferred to a state nursery. The supporting documents in this case will be papers on the lack of certificates for training dangerous dogs, unregistered animals. And they are not registered in any case. the authorities do not allow registration if the number of animals leads to a violation of sanitation.
The order of the entrance and “permanent repair
Renovation by neighbors is a topic of most concern to high-rise residents. over, having received several warnings at their own expense, neighbors begin to do repair work in spite of the rest of others.
In this case, laws on observance of silence and on noise level will come to the rescue. The time of day when it is possible to carry out repair work depends on the region, but on average it is in the range of 8:00. 21:00. And even so, not every technique can be used.
Do not exceed the maximum permissible noise and vibration level. If a neighbor does too loud work even in the daytime, call the SanPiN specialists to measure the noise level and contact the police. the workers will indicate how many decibels the norm established in your region has been violated.
As for residents who do not take into account the common house property: they hooligans, break windows in the entrance or break down doors. an article on damage to common house property promises violators a fine plus payment for repair work to restore.
Doing something on your own is not worth it. contact other residents, collect a general statement to the police and the management company to assess the damage to common property. Household treatment will simplify the punishment process.
In the event of a systematic violation of the laws on the management of common house property and the observance of order, residents are threatened with eviction without providing other housing.
What to do if neighbors get it
Inadequate neighbors. such a verdict is borne by tenants or owners of at least one of the apartments in an apartment building. Sometimes conversations and agreements work, but in most cases you cannot do without contacting the authorities, since you need to deal with inadequate neighbors in a comprehensive manner.
A large number of cases fall into this category. Names, petty dirty tricks, moral pressure and even the spread of gossip. the neighbors are problematic everywhere in their own way. Causing moral discomfort or psychological pressure is also regulated by law.
The Civil Code of the Russian Federation regulates compensation for such violations by Article 151. Even if there was no physical pressure, constant inappropriate behavior, inability to conduct a dialogue and moral harassment can be punished with a fine.
If we are talking about the elderly residents of the house, it will not be superfluous to contact their relatives to check the psychological health of the offender. the relevant documents and conclusions will be beneficial in case of trial. Often, deviations are observed on average and at a young age under 18, about which the psychiatrist will give an appropriate conclusion.
In this case, compensation will be paid by relatives and only in case of serious moral harm. fear, threats, brawls. Otherwise, compensation is unlikely to be obtained, but an inadequate neighbor will be placed in a hospital.
If we are talking about a healthy person, his actions are deliberate, which means he is able to be responsible for them. In other words, he does it out of spite. Having received moral damage of any severity, you have the right to contact the district police officer, describe the situation and file a lawsuit.
It also happens that the neighbors are constantly nasty. At the same time, not only the moral side of the issue is affected, but real financial losses also arise.
There are two developments here. For example, there were cases when neighbors deliberately threw garbage under other people’s doors, smeared these doors, spoiled the finish, violated the integrity of the electrical networks going to someone else’s apartment.
On the fact of such violations, the legislation offers an article on property damage. What should the victim do? Call a professional who can assess and document the damage. If these are wires. an electrician, if the finish is a builder, and so on.
To do this, you can contact the management company. Then you will also have an appeal document in your hands.
It is possible to prove that it is these neighbors who are doing dirty tricks by fixing violations on a photo or video medium. An appeal to the sanitary and epidemiological station, which will record a violation of sanitary and hygienic standards, will also be good evidence.
The perpetrators will be punished with an administrative fine, in addition, they will be obliged to pay for the material and moral damage caused.
The second way of development of events is if the neighbors do bad things not only to you personally, but also on the staircase, floor or entrance. Then we are talking about the destruction of common property and non-compliance with the rules of living in an apartment building. Such issues are resolved at the level of the general house meeting and are referred to the court through the chairman of the house council.
General scheme of punishment of perpetrators
Regardless of how the neighbors get you, if their actions violate your right to peace, comfort or normal sanitary and hygienic conditions, the law will be on your side.
The first thing to do is try to negotiate peacefully. Even if it does not bring results, in the future, if the case comes to court proceedings, you will indicate that the attempt to negotiate peacefully did not bring results.
To conduct such conversations, it is better to have witnesses who could confirm in the future that attempts to reach an agreement did take place.
If these attempts fail, the collection of evidence begins. Any actions or consequences of actions of neighbors must be recorded on a photo, video or dictaphone. This will become irrefutable evidence in court.
After collecting the necessary evidence, contact the police. In some cases, a police call is required after the fact. For example, if neighbors are rowdy or listen to music loudly. Repeated call to the police and appeal to the district police officer will entail a series of papers and educational conversations with the district police officer, which will also become your evidence.
If the violations persist, an application is filed with the court. In case there is a council at home, the application is submitted on behalf of the chairman. It is good if the plaintiffs include several homeowners in your home. In other cases, an individual also has the right to sue.
Most trials usually end in favor of the plaintiffs if they provide sufficient evidence. As a punishment for a rowdy or a violator, administrative and even criminal liability can be applied with eviction and sale of an apartment at an auction. But each case is unique, therefore it requires separate consideration.
When to expect an eviction
Wars between neighbors sometimes reach almost to open hostilities, including eviction. It is quite difficult to evict the owner of a home, even if he is an avid alcoholic, but there is also a law for such cases that regulates the eviction of residents from their private living quarters:
- The use of living space for such purposes that turn it into non-residential. warehouses, offices, nurseries;
- Constant violation of the rights of residents of the house;
- Destruction of premises and supporting structures, as well as plumbing fixtures and coatings, including unauthorized redevelopment.
Article 91 of the Housing Code of the Russian Federation allows you to evict tenants and their families without providing other housing. First, the offender is informed that a judicial investigation will take place and that he must stop the violation. If the information by the culprit was ignored and he continues to behave in the same spirit, the court approves the eviction.
Scandals and threats
Constant claims can arise on different grounds. In judicial practice, there have been cases when neighbors accuse others of flooding, while the defendants refute and prove the opposite. What to do in such cases?
If neighbors constantly scandal for a specific reason, for example, believing that you flooded them, interfering with music or repairs, you should find out the reason for the behavior. Call a plumber who could assess the condition of the pipes and draw up an act. Flooding is indeed possible, but not from your pipe, but from a common riser. Then there can be no personal claims.
When it comes to repairs or music, neighbors have no right to make claims to you when the repairs take place at the time prescribed by law, and the noise level does not exceed the permissible standards. These norms have recently been somewhat different depending on the region and are spelled out on the websites of local government.
If the reason is not your fault, and the scandals continue, call the district police officer, show documents that refute your guilt. The district police officer will hold conversations with the brawlers and draw up an act about it.
In the event that his actions were unsuccessful, go to court for moral damages. Record scandals on a voice recorder, collect papers proving your case and acts of contacting the police.
If real threats from neighbors are directed at you, they must be recorded on a dictaphone or at least documented with the district police officer. For threats to health or life, Article 119 of the Criminal Code of the Russian Federation is provided, promising the offender up to two years in prison.