voisins communaux

[Anonymous]

Hello. Very tired of a neighbor's drunkard. Tell me what can be done if a neighbor in a communal apartment is constantly drunk, his room is dirty, there is an incredibly unpleasant smell, these stench spreads throughout the apartment, it is unclean, he goes to the toilet by the toilet. His room is privatized. Is it possible to evict him?

 

[Адвокат]

According to paragraph 3 of Art. 30 RF Housing Code, the owner of the living quarters bears the burden of maintaining this premises, and if the building is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of the room in the communal apartment also bears the burden of maintaining the common property of the owners of the rooms in such an apartment. Your neighbor does not fulfill the obligation imposed on him by the law to maintain a dwelling, treats him mismanagement, while violating your rights and legitimate interests. You lose the opportunity to use your room. in accordance with Art. 293 of the Civil Code, if the owner of the dwelling premises uses it for other purposes, systematically violates the rights and interests of neighbors or mismanages the housing, allowing its destruction, the local government can warn the owner about the need to eliminate the violations, and if they entail the destruction of the premises, also appoint the owner proportionate term for the repair of 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.

 

[Anonymous]

Hello. Would I like to rent a room in a communal apartment, is it possible if it is municipal?

 

[Адвокат]

By virtue of the provisions of part 1 of article 16 of the Housing Code of the Russian Federation (hereinafter - LC RF) and art. 558 of the Civil Code of the Russian Federation to the premises include: residential building and its part; the apartment and its part; room. A tenant of a dwelling, living under a social tenancy agreement, has the right to lease dwelling (article 67, paragraph 1 of the RF LC). For renting out a dwelling, it is necessary to obtain the consent of the owner of the housing, as well as the consent of members of his family living with the tenant. For renting a room in a communal apartment, the consent of all people living in the apartment will also be required (Article 76 of the LC RF). The tenant will be refused to rent the apartment if: taking into account new tenants, the total area of the corresponding dwelling for one resident will be less than the accounting norm, and in a communal apartment - less than the provision rate, and also if he lives or moves into this dwelling a citizen suffering from severe forms of certain chronic diseases (for example, tuberculosis).

 

[Матушкин Андрей Николаевич]

Thank!