Collective complaint against neighbors: sample, where to file, deadlines for consideration

Many citizens believe that the expression “My home is my castle” is an undeniable truth, and within the confines of their apartment they can do absolutely anything. This is not so, and any citizen living in an apartment building is obliged to comply not only with the general rules for the operation of this building, but also with the rights of other residents.

You can influence an unscrupulous tenant in different ways. As a rule, it is dealt with by employees of various government services, who independently identify problems. But sometimes you need to take matters into your own hands, and the best way is a collective complaint against your neighbors. Our article will tell you how to compose it and where to submit it.

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When can a complaint be filed?

To file a complaint, you will need some compelling reason. There are quite a lot of them, since citizens living in apartment buildings must comply with a fairly large list of rules. So, the main reasons for filing a collective complaint against neighbors are:

Violation of sanitary standards. The main task of each resident of an apartment building is to maintain the cleanliness of their home at the proper level. This is important not only from the point of view of maintaining personal hygiene, but also from the point of view of maintaining cleanliness throughout the entire house - poor sanitary conditions in at least one apartment can significantly affect all residents. So dirt, bad smell, the appearance of pests are a very good reason to file a complaint against your neighbor;
Constant flooding . Flooding of an apartment by neighbors is a very serious problem, since the property of several owners may be damaged, and the consequences can be long-term (dampness, damage to walls, mold). And if a single flood can be resolved without any problems, then regular violations may serve as grounds for contacting the appropriate services.
Violations of repair rules. Repairs always mean noise, dirt and a large amount of construction waste. That is why there are many rules that regulate repairs in apartment buildings. For example, there are many standards governing the time of work and the level of possible noise during its implementation. Also, improperly performed work can pose a threat to the home and sanitary standards, and unapproved redevelopment can create problems when reselling the home. So a complaint can be filed both if the repair is disturbing, and if it is carried out in circumvention of the norms established by law.
Improper keeping of animals . Many families keep one or more pets at home. But, unfortunately, not everyone follows the rules for keeping their pets. Violation of the rules can lead to both high noise levels at late times and the creation of unsanitary conditions. In addition, some animals simply cannot be kept in an apartment due to the rules established by law. So if a tenant does not know how to care for his pet or has a zoo at home, then the neighbors have the right to file a complaint against him.
Violation of the silence regime . Each region of the Russian Federation has a separate law that regulates the level of permissible noise in an apartment. However, the levels differ for daytime and nighttime. And violating the permissible noise level can lead to discomfort, insomnia and even poor health. That is why exceeding the permissible noise level is the most common reason for filing a collective complaint against neighbors.
Improper use of living space . The use of the apartment is limited to certain standards. For example, you cannot set up shops, production lines in them, install certain equipment and do things that the apartment is not intended for. Moreover, it is forbidden to set up brothels in apartments and use them for other illegal purposes. If you find out that your neighbors are using the apartment for other purposes, you have the right to file complaints.
Inappropriate behavior. Sometimes it happens that a frankly inadequate neighbor moves into neighboring apartments and simply does not allow those around him to live in peace with his behavior. It is not necessary to tolerate the antics of such people, and there are many rules and regulations that will allow you to evict a neighbor if his actions are considered illegal.

The concept of fraud in the Republic of Belarus

The Criminal Code of the Republic of Belarus (hereinafter referred to as the Criminal Code of the Republic of Belarus) understands fraud (Article 209 of the Criminal Code of the Republic of Belarus), as one of the forms of theft, as actions that are aimed at the intentional unlawful gratuitous seizure of someone else's property or the right to property for personal gain through deception or abuse of trust.

Fraudsters often steal the property of citizens or organizations under the pretext of receiving property for temporary use; goods without prepayment; prepayments for goods, work; borrowing money; issuing a loan to the victim, with a promise to bear all the costs of paying it in the future, etc.

Please note that it is necessary to distinguish failure to fulfill assumed obligations due to various reasons (fire, financial difficulties, force majeure, etc.) from pre-planned actions to take possession of property without the intention of fulfilling accepted obligations.

If you are faced with the situation described above (became a victim of a fraudster or witnessed fraudulent actions), file a statement about the crime committed.

General writing rules

In order to complain about a neighbor, you should write a complaint in accordance with strict rules for writing complaints. There are not many of them, they are quite simple, but failure to comply with them can lead not only to the fact that your problem will not be solved, but also to administrative liability for violating the rights and interests of the accused. So here are the basic rules:

Write correctly. The complaint must not contain blots, errors, typos or corrections. It must be written legibly and clearly. The best thing to do is print out your complaint;
Write clearly. Information must be conveyed to authorized persons clearly, without distortion. Public service employees should have a clear understanding of what you are complaining about and what you want;
Present information clearly . There is no need to write lengthy thoughts and “water”. Use brief but informative language, avoid speculation and inaccurate information;
Back up your words . Every statement you make needs to be substantiated somehow. A lot of evidence will be suitable: expert opinions, examination results, photos and videos, witness statements;
Don't make unfounded accusations. Remember that it is illegal to falsely accuse someone, and slander is a criminal offense;
Don't use insults. Using obscene language in a complaint will result in your complaint not even being submitted for consideration. And the use of insults is completely illegal.

Remember the main thing: your complaint is an official document that will be used in the work of government services. So write your appeal so that it reads like an official, serious statement. The more seriously you take writing a complaint, the greater the chances of its successful consideration.

Features of a collective complaint

Let's consider this type of complaint as a collective one. This type of application differs from the standard one in that there are two or more applicants. Such a complaint has a number of differences both in its preparation and in its consideration.

The first important difference is in the filling. A collective complaint is always filed by one person, but in the list of applicants he enters a list of all citizens filing an application. In this case, each applicant must separately provide their data. That is, if there are five applicants, then you need to write five different names, contacts and addresses.

The second important difference is in the description of the violation committed. If the violation is the same for everyone, then you can write a general description. If different residents suffered differently, then each describes their problem separately. For example, in a flood, one victim describes the damage caused to him and indicates his amount of compensation, and then another victim describes the extent of damage to his property and indicates his claims.

The third very important difference is the order of presentation. It is not necessary to go to complain to everyone at once - a group of complainants can appoint one of their representatives who will draw up an appeal, submit it, and participate on behalf of the victims in the proceedings.

A collective complaint has its pros and cons. Positive features include:

High efficiency. Such complaints are rarely ignored, are more thoroughly investigated and, as practice shows, civil services are more inclined to satisfy the demands of several applicants;
Saving time . With the help of one such complaint, several cases can be quickly combined and considered at once, which saves time for all victims.

Disadvantages can be considered:

Difficulty of writing. It is very difficult to draw up a complaint from several victims without preparation and certain experience. So it makes sense to file a collective complaint against neighbors or seek help from a lawyer;
Complexity of the organization . Sometimes it is very problematic to gather all the victims together and prepare a common complaint with them. True, this shortcoming rarely occurs when neighbors complain - after all, all the victims live within walking distance.

Where to file a complaint

Since there are many reasons for filing a complaint, there are many services that are ready to consider these complaints. At the same time, each service has its own powers, and filing complaints anywhere is ineffective - at best, if you prepare your appeal incorrectly, it will simply be redirected. So, you can submit a collective complaint against your neighbors to the following organizations:

Management Company . This is a service that is responsible for maintaining the house, keeping it in good condition, timely repairs, providing utilities and other tasks. You can complain about a neighbor to the management company if his actions harm the house, namely:

Creating unsanitary conditions, scattering garbage;
Inadequate care or improper maintenance of pets;
Violation of the rights of neighbors to the common area of the house;
Violation of repair rules;
Exceeding the permissible noise level.

Sanitary and epidemiological station. This service monitors compliance with general sanitary standards, including cleanliness in residential premises. As a rule, it does not consider complaints from citizens, but sometimes contacting it can be very effective (especially if the violation can harm the health of residents). You can contact the sanitary and epidemiological station if:

The rules for using the apartment are violated;
Sanitary standards are violated in the common area;
The norms in the apartment itself are significantly violated, which can lead to a threat to others;
The rules for keeping animals are violated.
Police and local police officer.

Housing inspection. This is a public service that monitors the quality of work of the management company, as well as the condition of the house as a whole. You should file a complaint with it if:

Redevelopment was carried out illegally;
The offender made illegal manipulations with communications;
The offender was issued a decree from the management company, but he did not comply with it;
The offender committed some actions with the property that led to the creation of a threat to residents.

Police, prosecutor's office and local police officer. Contacting law enforcement services is possible if the offender ignores the general rules of the law and your rights. So a complaint to the police can be sent in a variety of situations:

A neighbor damages your or common property;
The neighbor violates noise standards;
The neighbor is using the apartment for illegal activities;
Your neighbor commits other offenses against you.

Court . A unique feature of the court is that it can consider absolutely any complaint - from insults inflicted by a neighbor to the organization of a brothel at his home. The court will also be very useful in cases where contacting the services described above did not bring any results.

✅ Additional recommendations

Before submitting an application to the district police officer, you need to consider the following points:

Complaints about neighbors should only be based on violations that the applicant personally witnessed (and not from the words of other residents of the house).
Providing false information can result in serious liability for the applicant.
It is advisable to complain to the police if there is evidence confirming that a neighbor committed offenses. Otherwise, the latter has the right to file a counter-complaint accusing him of libel.
You should not involve relatives of the violator as witnesses, since they will most likely recant their words during a personal conversation with the OPD.

How to write

A collective complaint from neighbors is a strict document with a very universal pattern. It will look the same for almost all services, with minor differences. Let's describe a universal sample:

Title. Contains data on the parties to the conflict. It includes:

Data at the place of application: name of service, address;
Full name and title of the head of the service (only for the prosecutor's office and police);
Data on all applicants: full name, addresses, contacts;
Information about the person against whom the complaint is being filed (for court use only).

Information part. Contains general information about the case. They write in it:

General information on the case: who, when and how violated the rights of your neighbors;
A detailed description of the damage caused to you or other negative consequences resulting from the violation;
Description of the attempt to peacefully resolve the conflict with the offender;
Calculation of the cost of the claim (if you are writing a statement to the court and want to demand any compensation);
A complete list of requests to the control service and the rationale for these requests from a legal point of view.

Conclusion. Includes three parts:

A complete list of all materials attached to the complaint;
Signatures of all participants in the collective complaint;
Date of filing the complaint.

Samples

Sample of a collective statement of claim.doc Sample of a collective complaint against neighbors to the district police officer.doc Sample of a collective complaint against neighbors to Rospotrebnadzor.doc Sample of a collective complaint against neighbors to the Criminal Code.doc Sample of a collective complaint against neighbors to the prosecutor's office.doc Sample of a collective complaint against neighbors to the Housing Inspectorate. doc

Is it possible to withdraw a statement from the police?

There are often cases when the criminal agrees with the victim about compensation for harm if the victim withdraws the statement.

Of course, you, as a victim of a crime, have the right to withdraw statements, but police officers have every right to ask you some questions about the circumstances that forced you to act in this way .

How?

How to withdraw a theft report from the police?

In order to withdraw a theft statement from the police, you need to write a new one.

So, the law does not provide for the fact that a statement will be handed over to you , because a criminal case has already been initiated.

But you can write a new statement in which you say that you lost things or gave them to the suspect yourself, but forgot about it.

In this case, after some questions, the investigation of the case will be terminated.

If you do not have a conversation with the authorities and are not given a statement or asked to write a new one, contact a lawyer.

He is the one who will help you solve all your problems.

Complaint consideration period

The legislation establishes very strict deadlines within which collective appeals from affected citizens must be considered. Exceeding these deadlines without a valid reason may be considered a very serious violation and a reason for filing a complaint with the supervisory authorities. Consider these time limits:

Complaint to the Management Company, Housing Inspectorate, Sanitary and Epidemiological Station - up to 10 days;
Complaint to the prosecutor’s office – up to 14 days, if it is necessary to open a case – up to 30 days;
Contacting the police or the local police officer - no deadline;
Claim in court - up to 5 days for consideration of the application. The period for consideration depends on the complexity of the case.

What will the state duty be?

Some claims are exempt from state fees. Among them, for example:

Salary collection.
Compensation for damage caused by a crime.
Protection of the rights and legitimate interests of the child.
Consumer rights Protection.

The full list can be found in the Tax Code of the Tax Code of the Russian Federation, Article 333.36. Benefits when appealing to the Supreme Court of the Russian Federation, courts of general jurisdiction, and magistrates.

For claims of a non-property nature, the amount of the state duty is fixed and depends on the Tax Code of the Russian Federation Article 333.19. The amount of state duty for cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, justices of the peace, depending on the subject of the dispute. For example, for a claim for divorce you will have to pay 600 rubles.

For a property claim subject to assessment, the amount of the state duty varies depending on the value of the claim:

Up to 20,000 rubles - 4% of the claim price, but not less than 400 rubles.
From 20,001 rubles to 100,000 rubles - 800 rubles plus 3% of the amount exceeding 20,000 rubles.
From 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2% of the amount exceeding 100,000 rubles.
From 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1% of the amount exceeding 200,000 rubles.
Over 1 million rubles - 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Details for paying the state fee can be found on the website of the court of your choice. There is usually a calculator with which you can calculate the exact amount of the required contribution.