“Rossiyskaya Gazeta” spoke about the ways of dealing with neighbors dumping garbage … Although such residents of houses create unsanitary conditions and violate the rights of others, there are practically no direct legal mechanisms to influence them. To try to protect your rights, you need to contact several services at once – the police, sanitary and epidemiological station, Rospotrebnadzor, housing inspection and the Ministry of Emergency Situations.
Gogol “Dead Souls” – approx. “Tapes. Ru” ), is relevant not only in Russia, but also in the world. First of all, it should be noted that the current legislation does not prohibit citizens from keeping things unrestricted and not withdrawn from circulation in the living space they occupy. However, the exercise of this right should not violate the rights of other owners of an apartment building, ”stressed Alexander Pochuev, President of the Moscow International Bar Association“ Pochuev, Zelgin and Partners ”.
However, the statements written to the police and the Sanitary and Epidemiological Station will open the way for further legal proceedings. At the same time, the district police officer will be able to get into the apartment of an unscrupulous neighbor only if he allows it to be done. If the policeman manages to enter, he will draw up a protocol and document the situation, says lawyer Mikhail Gergolenko. Before starting the trial, the lawyer also advises you to contact an expert in order to record unsanitary conditions and the presence of insects.
People with Plyushkin's syndrome accumulate so many things in the apartment that in the end they cannot even carry out a light wet cleaning. Waste begins to decompose in his dwelling, and the unsanitary conditions eventually “get” to other residents of the entrance. Therefore, the affected neighbors can contact Rospotrebnadzor, the housing inspection and the Ministry of Emergencies. The minutes and official replies of the employees of these services can also be used in court proceedings. After all these steps, you should go to court and demand that the violations be eliminated.
“If the neighbors of such a“ Plyushkin ”incurred losses (for example, they spent money on baiting cockroaches, fighting unpleasant odors, and so on) and experienced mental suffering, they can turn to a negligent neighbor with a lawsuit to recover the losses incurred (in accordance with Article 15 of the Civil Code) and compensation for moral damage (in accordance with Article 151 of the Civil Code). At the same time, plaintiffs should form an evidentiary base in advance (keep receipts confirming the costs of disinfecting their premises, hounding cockroaches, buying medicines, going to doctors), “Alexander Pochuev said.
However, sometimes people who store garbage in apartments, mentally ill and in need of medical attention. For example, this behavior could be a sign of dementia. If a medical organization diagnoses an unscrupulous resident at home, it will be almost impossible to achieve justice. In this case, the victims can only contact the management company of the house with a request to disinfect the entrance.
The precedent of the successful struggle of neighbors with such a resident of the house in Russia was recorded in 2019. In Omsk, a court ordered the owner of the apartment to clean the premises after a complaint from neighbors – they found mountains of garbage there. At first, the district administration gave such an order to the negligent resident, but this demand was not fulfilled, after which the authorities went to court. The judge ordered the man to bring the dwelling into proper sanitary condition, namely: to remove the garbage, to carry out disinfestation and deratization of the apartment, as well as repairs.