The grounds for evicting your neighbor from the premises depend on the type of ownership of the apartment.
If his room is in municipal ownership, he can be evicted on the basis of Part 1 of Article 91 of the Housing Code - for the systematic violation of the rights and interests of neighbors, the mismanagement of the premises, allowing its destruction.
However, a prerequisite for starting the eviction procedure is an official warning from your landlord by your landlord about the need to eliminate the violations. If the tenant of the dwelling and (or) members of his family living with him after warning the landlord do not eliminate these violations, guilty citizens at the request of the landlord or other interested persons are evicted in court without providing another dwelling.
Therefore, you must contact the landlord with a written motivated statement containing a request for such a warning.
The court must provide information on the receipt by the violator of the order of such a warning. This can be a notification of receipt of a telegram with the warning text (the sent telegram text must be certified by telegraph) or the signature of the offender on a copy of the warning.
In addition, the grounds for evicting your neighbor are contained in Article 83 of the Housing Code of the Russian Federation, which provides for the landlord's right to early termination and termination of the social tenancy agreement.
The termination of the contract of social rental of premises at the request of the landlord is allowed in the court if:
1) failure by the employer to pay fees for the premises and (or) utilities for more than 6 months;
2) destruction or damage to the premises by the tenant or other citizens for whose actions he is responsible;
3) a systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same dwelling;
4) the use of residential premises for other purposes.
If your neighbor owns a room on the basis of ownership, then article 293 of the Civil Code of the Russian Federation comes into effect.
If the landlord or any interested person is entitled to file a lawsuit to evict the tenant, then only the local government body (administration of the settlement, district in the city) has the right to appeal to the court with the lawsuit to evict the owner. At the same time, the local government can warn the owner about the need to eliminate violations, and if they entail the destruction of the premises - also appoint a proportional period for the owner to repair the premises. If, after a warning, the owner continues to violate the rights and interests of neighbors or if he does not use the premises for other purposes or without good reason, the court, at the suit of the local government, may decide to sell such premises from the public auction with payment to the owner of the proceeds from the sale less the costs of enforcing the judgment.
In practice, Article 293 of the Civil Code of the Russian Federation is applied to the owner of a part of a building that does not support the general structural parts of the house (roof, foundation) in proper technical condition, which leads to the destruction of not only its part of the house, but also the neighboring one. For example, the dismantling of the ventilation duct entails the inability to use ventilation to the residents of lower apartments.
You will need to submit to the court the construction and technical report of the expert on the amount of expenses necessary to bring the house into proper condition. The local government will have to reimburse this amount to the neighbors after the sale from public auction of a dwelling owned by the ownerless owner, or to repair the premises using the funds received.
Before applying to the court with a claim for the eviction of the employer or owner, the applicant must collect as much evidence as possible, indicating violations committed by the defendant.
Destruction or damage to a dwelling can occur during the production of unauthorized redevelopment, for example, the dismantling of a ventilation pipe, the destruction of load-bearing structures. Glass shattered in a room in extreme cold can lead to the destruction of the heating system of the living room.
A systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same dwelling, can be expressed:
- In non-compliance with the rules of silence from 23.00 to 7.00 hours.
- If the owner constantly floods the downstream apartments, but does not eliminate the cause of the bays and does not compensate the neighbors for the damage caused. In such a situation, neighbors affected by the bay also have the right to claim damages from the money received from the sale of the owner’s residential premises at a public auction.
- If the employer or owner organizes a production workshop in it, that is, it does not use the living space for other purposes. (If the tenant rents the dwelling without permission of the landlord in the lease, this will not be regarded as misuse of the premises, as it will be used for living, but only by other persons).
- If the request for eviction is connected with the destruction or damage to the living quarters, you must submit to the court the acts of the housing maintenance organization, the fire service, the sanitary and epidemiological service, etc., other evidence indicating not only that the defendant admits any violations, and what exactly it spoils and destroys the premises, as well as evidence of the systematic violations, i.e. committing them regularly without long breaks.
Rights and legitimate interests may be violated by any other means, but the main thing is that such violations are reflected by the police and other official bodies in the materials of inspections of your complaints and appeals, which must be submitted in writing on each fact of violations.
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