The lawyer warned about the responsibility for the unpleasant smell from the apartment

An unpleasant odor from an apartment can become the basis for bringing a tenant to administrative responsibility if he violates the rights of neighbors to a favorable environment and sanitary and epidemiological requirements. Ilya Vasilchuk, a judicial lawyer and an expert on the security of electronic transactions and real estate transactions, told Izvestia on March 4.

According to him, the right of citizens to a favorable environment is enshrined in Article 42 of the Constitution of the Russian Federation. In addition, the federal law "On Sanitary and Epidemiological Welfare of the population" establishes requirements for air quality in residential premises. Sanitary standards also regulate living conditions in residential buildings, including ventilation and air requirements.

"It is necessary to use residential premises taking into account the rights and legitimate interests of neighbors. If the actions of the tenant lead to air pollution or the appearance of persistent fetid odors, this may be considered a violation of sanitary requirements," the expert explained.

According to current legislation, liability for such violations is provided for in art. 6.4 of the Administrative Code of the Russian Federation. For individuals, the fine can range from 500 to 1 thousand rubles.

The cause of an unpleasant odor in an apartment can be different circumstances. For example, keeping animals without proper care, unsanitary conditions, untimely garbage removal, or the use of chemicals during repairs. A violation is recorded if odors spread to neighboring apartments through ventilation, cracks or windows and interfere with the residence of other residents.

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The lawyer stressed that in order to be held accountable, it is necessary to prove the source of the odor and its systematic nature.

"It is important to establish that the source of the unpleasant odor is in the apartment of the alleged violator and that he really violates the rights of neighbors," Vasilchuk said.

To fix the violation, residents can contact Rospotrebnadzor or the state housing Inspectorate. Specialists carry out an inspection, can take air samples and draw up an act on violation of sanitary standards. It is also allowed to conduct an independent expert examination and collect witness statements from neighbors.

In addition, you can first try to solve the problem peacefully by contacting your neighbor directly or through a management company. If the situation does not change, residents have the right to file a complaint with the supervisory authorities or go to court.

According to the lawyer, it is possible to demand the elimination of violations or compensation for moral damage in court. In some cases, if the apartment is municipal and violations are systematic, it is even possible to evict the tenant.

On February 18, Turgunboy Zokirov, an assistant at the Department of Administrative Law at the O.E. Kutafin Moscow State Law University, recalled fines for violating silence during cleaning. According to the lawyer, there is no single federal norm on the regime of silence, and responsibility is established by the laws of the constituent entities of the Russian Federation.

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