Neighbors rent out an apartment by the day, how to deal with rent in an apartment building

Violations of living conditions

Quite often, property owners do not pay income taxes and enter into rental agreements with dubious individuals. Recently, renting an apartment by the hour or day has become popular. Such conditions often increase the criminal component, since living space is rented not for living, but for entertainment. If neighbors rent out an apartment by the day, then this additional disturbance must be stopped legally.

Only the tenant can examine the evasion of an apartment owner from paying taxes by submitting an agreement to the tax office. Testimony from neighbors about illegal residence can be sent to the local commissioner, who has the right to check documents and talk with the owner. If the tenants are migrants, then the issue is much easier to resolve. The application is written to the migration service, after which the apartment is checked.

If the residents are indeed foreigners who do not have temporary registration, the owner will receive a significant administrative fine. But short-term rentals are difficult to prove and are the most criminal act. If conversations and calls from the owner do not bring visible results, residents change constantly and disturb the neighbors, then an appeal to the regulatory and executive authorities will be required.

If the tenants are migrants

The fact that apartments can be rented out to migrants will probably not be news. As a rule, they agree to live in a small apartment with more people than may cause inconvenience to their closest neighbors. After all, it’s one thing when 2 or 3 people live in an apartment and they are talking, and another thing when there are about 20 of them.

If such a fact becomes clear, then you need to report this to the migration service, since most likely they are living illegally. In this case, only this service can evict them.

In addition, tenants may not care about common areas, for example, the staircase or corridor. In this case, you can also contact epidemiological surveillance. Upon receiving a complaint, they will have to conduct an inspection, after which the owner of the apartment will be obliged to carry out sanitization of the living space.

Where to go

What can you do if your neighbors rent out their apartment by the day and by the hour? The required result is difficult to achieve, since the law does not say anything specifically about such sharing. According to existing regulations, anonymous messages to the tax and migration services are not considered. People are afraid to provide their personal information so as not to increase the conflict with the real owner of the bad apartment.

You should first talk or write an official letter signed by several neighbors to the owner himself. In the absence of necessary measures and the continuation of scandals, residents have the following ways to respond:

appeal to the district police officer in writing with a description of the violations, supported by documents if possible;
supervisory authority, that is, the prosecutor's office, if the police officer does not take action and ignores the requests of the neighbors of the problem apartment;
an application to Rospotrebnadzor, the tax or migration service in writing or by calling a hotline.

According to existing rules, a response to citizens' appeals should be provided within a month. In the absence or disagreement with the conclusions of the authorities, you can complain about inaction to higher authorities. If tenants cause material damage to neighboring apartments, they will have to go to court.

The claim is sent to the owner of the apartment, who will be responsible for his tenants. Only then, after a court decision, the owner will have the opportunity to recover the resulting loss in court. A citizen, renting an apartment by the day, understands his risks and provides them with an increased rent. In this case, the rights of other residents of the apartment building are infringed, which requires a legal assessment in court or other authorities.

The court should be provided with as much evidence as possible of the guilt of the landlord and his tenants. This may be a copy of the appeal to the district police officer, other official acts and certificates.

The more neighbors sign the statement of claim, the faster the issue will be considered. To win the case and punish the negligent neighbor financially, it is recommended to contact lawyers with experience in such cases.

Where to send a complaint?

There are quite a lot of authorities to which you can complain about the illegal rental of real estate, but due to the lack of existing official levers, only a small percentage of complaints will bring the desired effect .

But active “knock” can cause a strong deterioration in your relationship with the official owner of the property. Even if all complaints are filed as anonymous, identifying their originator is not that difficult for an intelligent person.

If you are ready for an open confrontation, you can file complaints about the rental of real estate to the following authorities:

To the district police officer , if systematically, from behind the wall adjacent to the “bad” apartment, unimaginable noise is heard, drunken screams, swearing, hours-long sounds of repairs affecting the walls/floor, the ceiling of the room (the sound of a hammer, the sound of a drill, a hammer drill). It is better to complain in writing.
To the prosecutor's office , if the local police officer ignores numerous complaints, and illegal immigrants continue to violate the quiet hours in every possible way and behave antisocially. Please make your complaint in writing.
To Rospotrebnadzor , if the neighbors refuse to maintain cleanliness. Calls and written statements are effective.
to the FMS is enough.
By calling the tax office .

copies of all written complaints . If there is no response from one addressee, complain to the authority above him, attaching a copy of the first complaint.

Alas, some representatives of the law enforcement system can only be made to work with such “pieces of paper”. Let them look like slander , but since you took such a step, it means that fate has pressed you to the wall.

You can learn about the rights and obligations of an apartment landlord, as well as how to officially and legally rent out housing on our website.

Daily rental

If the tenants are constantly changing, then most likely the apartment is rented for short periods. The use of a residential apartment as a hotel is not permitted by sanitary standards. First, you will need to register and obtain official permission from the municipality and the management of the HOA (MC), pay taxes, and open an individual entrepreneur according to the established rules.

This issue is being dealt with by the SES and the prosecutor's office, where you will need to contact. Citizens who rent out an apartment by the day count on the indifferent attitude of their neighbors, although they are well aware of the illegality of their actions.

Application to the tax office

Neighbors concerned about noise and other disturbances in a rental apartment can file a complaint with the tax office.

You will need to indicate:

personal data of the applicant;
essence of the issue: the requirement to verify tax revenues and the presence of individual entrepreneurs;
demand for punishment for illegal actions.

Due to the threat of terrorism, the possibility of a gas explosion or other dangers to the lives of other people, authorities are required to respond promptly to such statements. In the application, you can indicate the requirement to verify the owner’s payment of income taxes and provide your evidence.

Where to complain about illegal rental of an apartment in Moscow

Providing housing to third parties without proper registration is an illegal act. In the capital of our Motherland, renting out apartments is a very common and profitable business.

A neighbor or the tenant himself (for example, if there is a conflict situation) can submit an application to the tax authority (at the place of registration of the apartment owner). You can attach receipts for the transfer of money towards the monthly fee, receipts for the purchase and repair of various household items, bills for utility bills, etc. to the complaint. A citizen can personally come to the tax office and submit a package of documents or send papers by mail.

Moscow attracts everyone with good salaries and great opportunities. Among the guests of the capital you can often meet migrants from other countries. They prefer to settle in large groups (in order to save money), which often disturbs the peace and comfort of their neighbors. In such a situation, you should visit the Moscow Migration Service, which will find out the legality of the foreigners’ stay and the purpose of their arrival.

All cases of non-compliance with the daily routine and other disturbances should be reported to the local police officer or the police called.

Contacting the police

Constant noise, violation of living conditions and conflicts with other residents can lead to a call to the police. The application is written to the district police officer, who will be obliged to respond to this request. The data specified in the document must be real and represent verified facts. It is better if the appeal to the district police officer is signed by those around you, other neighbors.

A police representative will tell you how to deal with it and what else can be done in this case. For example, call the squad immediately at the moment of scandalous behavior, so that the guests are checked immediately at the moment of the violation. In this case, the owner of the apartment may be summoned, who will be issued an administrative fine in case of repeated cases of violation of the order. Living next to such apartments can really be dangerous, so it is necessary to unite and resist the bad apartment.

If measures are not taken, then after contacting the police, you can complain to the prosecutor's office. A statement from several people indicating that strangers come to the apartment and bring various objects should alert the police and lead to a thorough check.

Neighbors rent out an apartment by the day, how to deal with it

To evict Russian citizens from a rental apartment, you will have to suffer. Since this procedure can only be carried out by decision of the judicial authorities. It should be noted that in most cases the decision is not in favor of the plaintiff. Even if the apartment is rented illegally. The whole point is that in addition to filing a claim against noisy neighbors, a good evidence base must be collected.

The neighbors are unhappy with the tenants. what to do?

Careless handling of the apartment, which can lead to its damage and loss of habitable condition. An example of such careless handling can be:

Prolonged failure to carry out routine and major repairs in the apartment, which can lead to an emergency condition and become a threat to other residents.
Regular refusals of proposals from other residents of the house to carry out joint repairs of structural elements of the house, for example, the roof, etc.
Unauthorized (without appropriate approvals from permitting authorities) reconstruction or redevelopment of residential premises, which may pose a threat to the integrity of the building.
Untimely elimination of the emergency condition of engineering communications systems and other equipment of the apartment.

In such cases, the property owner must warn the tenant that such violations are unacceptable and demand their elimination.

How to evict neighbors who rent an apartment

In a word, they make the life of the residents unbearable.

It is recommended to involve other neighbors in writing the application.

Having received an appeal from citizens, the district police officer will inform you about how to fight against unfair use of the apartment. So, advice may be given to call the squad immediately at the moment of scandalous behavior.

Attention

This will result in an inspection of the occupants of the premises at the time of the violation. Police representatives have the right to call the owner of the apartment

Important

If a violation is detected, an administrative fine will be issued in multiple cases. Living next to such premises leads to additional risks

Therefore, experts advise uniting in the fight against unfair use of the apartment.

If the police have not taken action, you can file a complaint with the prosecutor's office. It is better to make an application from several people at once.

The document must record that strangers constantly come to the apartment and bring various objects. This may alert the police. As a result, a thorough check will be carried out.

Eviction procedure

If illegal immigrants of foreign origin are found during the inspection, representatives of the Federal Migration Service will evict them immediately after identifying this fact. Tenants who have a Russian Federation passport will have to be evicted in court and the claim will be filed with the owner of the rented apartment. In order for the application to be accepted by the court for consideration, it must not be unfounded, but contain facts and evidence of violations of the passport regime. The more detailed the argument is presented, the easier it is to achieve eviction.

It is recommended to attach the following information to the claim:

on patrol calls, which can be received at the duty station;
copies of appeals and violations identified by the SES;
a collective statement by the residents of the house with a petition to evict the violators;
spills, fires or other emergencies must be reported to the court and presented with documents.

It is impossible to prohibit a citizen from disposing of legal property, but it is possible to demand compliance with the law. According to Art. 209 of the Civil Code of the Russian Federation, the owner has the right to dispose of the property at his own discretion, if this does not contradict the law. The actions of the owner of an apartment in an apartment building should not infringe on the interests of other owners. Therefore, it is impossible to prohibit renting out an apartment, but setting up a hotel without necessarily obtaining permission and opening an individual entrepreneur is impossible.

Currently, legal transactions have become widespread in which an apartment is leased to a legal entity and then sub-leased to third parties. The hotel business in residential buildings, when living space is rented out for a day and not by the owner, but by a tenant who has several dozen objects for occupancy, is not always legal. The presence of permits is valid as long as there are no violations and no complaints from neighbors.

The Duma is considering a bill that would limit the possibility of opening mini-hotels in residential buildings. Even if all the constituent documents are available, the ban will apply to the number of residents and the rules of the passport regime. In other words, there should be no justified complaints from other owners of the apartment building.

For example, you cannot open an office in apartments; the area must be converted to non-residential status. This will require permission from residents and administration, which is impossible to obtain on the second and subsequent floors. If an apartment on the ground floor becomes a business object, then after approval and approval a separate entrance will be required.

According to Article 293 of the Civil Code of the Russian Federation, if the property is not maintained in good faith, the owner receives an official notification of the need to bring the premises into proper condition. For example, the apartment was used as an industrial premises, which led to significant harm to the other residents of the house. The owner is given a period to eliminate the violations, after which he will receive an administrative fine.

Numerous violations can lead to legal action against the negligent owner. A positive decision on the municipality's claim will lead to eviction, sale of the apartment at auction and the issuance of the proceeds to the culprit for the purchase of another property.

Eviction of tenants

As mentioned above, the eviction of illegal migrants is carried out immediately after the visit of the FMS. If the Russians are rowdy, it is much more difficult to evict them. Then you must go to court to request eviction. And in rare cases, the court considers such applications. To make the court more willing to consider your application, you can do the following:

Call the local police officer several times, asking for a copy of the report on the situation.
Contact the sanitary and epidemiological service if there are reasons. Provide the court with an opinion.
If residents cause damage to the house, it is necessary to provide a document confirming this fact. This document can be obtained from the company that manages the property, or from an organization involved in preventing such cases.
Create a collective complaint against your neighbors. The majority of people living in the house must sign it.
Provide any other evidence that will be significant for the court.

Punishment for the owner

Sometimes neighbors rent out an apartment by the day, do not pay taxes and violate the rules of the passport regime. If a violation is proven, the tax service collects the amount of tax and 20% of it as penalties. Payment can be made as arrears from previous years and claimed at any time, not necessarily within 3 years after discovery. Then the question arises of violating migration rules, where no less severe penalties are applied to the violator.

Tax on profit received is charged at the rate of 13%; if the amount exceeds 300 thousand rubles, then the tax can be increased by court decision several times. According to existing rules, concealment of 1.5 million profits will entail a penalty of up to 3 years in prison. It is quite difficult to establish such violations; the tax office becomes aware only when a conflict arises between the parties to the transaction.

For example, after vacating an apartment, residents can provide the tax office with receipts received from the owner for receipt of funds. Citizens of the Russian Federation can live without registration for up to 90 days; subsequent residence will be considered illegal and will entail a significant fine for the owner. Typically, renting out an apartment for a day is required for business travelers who come for treatment, enrolling in an educational institution or for other short-term purposes.

The second purpose is to organize parties, noisy intimate meetings, and criminal rental activities. It is this type of lease that becomes conflicting and dangerous for other permanent residents. You should try all the ways you can complain, but unregistered citizens can be evicted if they are not the owners. If there are problems in a municipal property, the issue is resolved more easily.

How to write a complaint that neighbors are renting out housing

There is no strict form of the document, but there are several necessary details:

Full name of the applicant, residential address;
the exact address of the property that is being rented out;
essence of the question;
evidence of illegal residence;
request for enforcement action against violators.

Proof that the room is being rented can be the noisy behavior of the residents or disruption of order in the house.

A more compelling argument is the rental agreement and confirmation of the transfer of funds. But such documents remain only with temporary residents.

What can tax authorities do if there is no evidence of violation? They will review the complaint and call the property owner for a private conversation. Tax department employees have the right to summon unscrupulous taxpayers. This opportunity is provided by sub. 4 paragraphs 1 art. 31 Tax Code.

Inspectors will not be able to go to court without evidence. Unsubstantiated statements and denunciations are not accepted by the court. No documents on income means it is missing. A tenancy agreement does not prove that the owner of the property actually made a profit. If you write about renting an apartment, you can get on your neighbors’ nerves.

Renting a municipal apartment

If there are numerous complaints, the administration terminates the social tenancy agreement and forcibly vacates the apartment. A municipal property can be handed over only after the issue has been agreed upon with the legal owner, that is, the administration. The issue is resolved in court and may take a long time, but the decision will be binding on all parties to the dispute.

It should be understood that the presence of a social tenancy agreement does not make it possible to rent out an apartment even with a well-drafted agreement. This is an illegal action that can be stopped at the first violations of behavior and complaints from neighboring residents.

Is it possible to evict?

In order for the appeal to be effective and for the authorities to quickly respond to the application, you need to know where to file a complaint and in what form.

Where to complain?

There are many authorities where you can file a complaint about illegal rental of real estate. The choice of one or another organ depends on the circumstances. The first thing you need to do is try to come to an agreement with the owner of the apartment. If the tenants are making noise and disturbing the order, it is better to first inform the owner.

In order for the conversation with the owner to yield results, you can hint to him that if he does not act, information about the illegal rental of an apartment or noisy neighbors will go to the authorities. If the owner is interested in further renting out the apartment, then he will resolve the issue with the tenants himself (we discussed in a separate article how the owner can evict tenants who behave dishonestly or do not pay rent).

The dialogue with the landlord did not bring a positive result? Then you need to contact the authorities. Where can I report the surrender :

To the building management company or HOA. The organization is interested in maintaining order in the house, as this is required by the Housing Code. The management company or homeowners association must provide the address of the problem apartment and information about the owner.
To the district police officer. A law enforcement officer will be required to listen to the complaint and accept the application, and then conduct an inspection and, if the fact of illegal rental of housing or illegal migrants living in it is revealed, the district police officer will send information about the tenants to the tax or migration service.
To the prosecutor's office. It makes sense to contact this authority only if other authorities are inactive.

We have prepared other useful publications about rental housing, from which you can learn:

What documents will be required from the parties?
How to avoid becoming a victim of scammers?
How much will the services of a realtor cost?
How to competently rent an apartment for a long time?
Who can count on receiving compensation for renting housing and is it due to military personnel?

How to write a complaint?

The document is drawn up in any form, printed or by hand. What you need to indicate in your complaint :

The header of the document contains the name and address of the body to which the complaint is being filed.
Applicant details (full name, address, contact number).
The title of the document is “Application”.
The essence of the problem. You will need to indicate the address of the apartment, information about the owner of the premises (if any).
Goal of request. A request to conduct an inspection of the owner and residents living in the specified living space.
Date and signature.

Renting a mortgaged apartment

It will also be illegal to rent out a mortgaged apartment, which is the bank’s collateral. Standard contracts stipulate a ban on renting out an apartment. This is due to the emerging risks of reducing the value of the object as a result of emergency situations. If the bank discovers that unauthorized persons have moved into the secured apartment, the citizen will receive significant fines and subsequent restrictions, including inclusion in the prohibition lists.

You should ask the bank and draw up a legal lease agreement if agreed. Otherwise, the transaction will be considered illegal with all the ensuing consequences, including termination of the mortgage agreement through the fault of the borrower.

Possible consequences of illegally renting out an apartment

Renting out real estate is often aimed at generating additional income. Currently, scammers and swindlers who want to profit from an inexperienced landlord are very active.

The most popular types of scams are:

Re-letting of a rented apartment without the consent of the owner. The situation is very relevant if the owner has moved to another region and rarely comes to his hometown. An unscrupulous tenant simply provides housing to other people for the purpose of making a profit, but no one knows who they will turn out to be.
Criminal actions with real estate based on forged documents.

You can protect yourself from this type of tenant by signing a rental agreement containing personal information about the citizen, his place of permanent employment, etc.

It happens differently: the necessary papers are completed, terms and amounts are agreed upon, and the owner pays regular visits. It would seem that there shouldn’t be any difficulties... But no one is immune from property damage. Even if the apartment was rented unfurnished, windows, plumbing, chandeliers, etc. can be damaged. You can preserve your property with the help of insurance and a transfer and acceptance certificate drawn up when renting out your home.

You can come to an agreement with a responsible and conscientious tenant, but four-legged and feathered cohabitants are another pitfall of providing an apartment to third parties on a rental basis. You can try to protect yourself from such a problem by describing the restriction in the contract.

Failure to submit a declaration that includes the amount of income received from renting out housing may result in fines, penalties, and in some cases, criminal prosecution.

Violations when renting an apartment

If citizens have problems with a neighboring rental apartment, then it is necessary to warn the owner about upcoming inspections and complaints against him. A person must understand that he is immediately violating two important laws: the tax and migration codes. Sometimes it is enough to draw the attention of a neighbor to stop the outrages behind the wall. Nowadays, there are frequent cases of household gas explosions, which the owner should pay attention to.

The overwhelming majority of landlords do not pay income tax and do not issue temporary registration to their tenants. Neighbors are loyal to the appearance of tenants, but only as long as it does not affect their interests. Therefore, if a local police officer or neighbors call the landlord and demand that the tenants be forcibly evicted and not create inconvenience for citizens, he should immediately agree.

There are many legal ways to punish for significant violations; neighbors can turn not only to the police, but to competent lawyers. The consultation will tell you how to punish the culprit and what should be done to evict tenants without breaking the law. The owner himself should not conflict with neighbors and, when moving in a detachment of foreign workers, even for a short period, he should warn the tenants about possible troubles.

Of course, you can feel calm if you pay 13% of the income received, then you won’t have to fear denunciations from neighbors or the tenants themselves, which is not so rare.

What to do if the neighbors are inadequate or do not cooperate

1. Don't give up right away. If you are sure that you are right, continue to calmly defend it.

Elya and Maxim, Kazan: “When a neighbor is insane, we have an explanatory conversation with him. Previously, they tried to cajole, but time has taught us to treat our neighbors evenly and not to fawn over them. We say that our activities are legal, that daily rental housing is not prohibited in Russia, that we pay taxes. Sometimes we talk in the presence of a local police officer, he is on our side. After this, the neighbors calm down.

There was a noisy neighbor next to one apartment, she constantly called us, all our guests were noisy for her. We talked to her - everything was useless, one curse in our direction. We decided to really accommodate noisy guests (musicians, artists from 8 people), and a month later the neighbor became white and fluffy! We warned her that we could only be disturbed when it was really noisy. He’s been silent for two years now.”

Igor Mut, Tambov: “At the initial stage, we had one zealous neighbor. She worked as a house manager and kept a tight rein on everyone. I think she was even in prison. And if he drinks, his brain will immediately take it away. But the reality is that we do not break the law, we behave decently. After our conversation, the district police officer also understood everything and stopped responding to her complaints. The main thing is to understand that inadequate people are everywhere, but you are not building a business to make all your neighbors happy. There will always be people who are unhappy."

2. If the neighbors themselves do not want to communicate, you are unlikely to be able to invite them to a heart-to-heart conversation. In such cases, just continue with work that does not infringe on the rights of others.

Artyom Bazygin, Moscow: “We get to know our neighbors, but not all of them make contact. We have minimal communication with those who do not want to contact us - we just keep the stairwell clean. If the local police officer is called, we explain everything as it is and get to know the neighbor better.”

3. If the stress becomes too much, then perhaps it’s worth changing your apartment. It will take a few months, but will provide years of peace in the future.

Artyom Bazygin, Moscow: “There was a case when a neighbor simply did not give rest and constantly called in orders for no reason. She tortured the district police officer, but it was his job to come to calls. In the end, I just had to give up this apartment.”