Do you need neighbors' consent to rent out a room in a communal apartment?

The essence of the problem

If you decide to rent out a room in a communal apartment, then you cannot do without involving your neighbors.
The question is how strong their intervention will be. Because the contractual relationship between the employer and the employer will include other people. If your room is already privatized, then you can rent it out or rent it out at your discretion. But at the same time, your neighbors may be categorically against such a decision. And then a real war can begin. They can find a lot of reasons why the tenant will have to vacate the room: lack of registration or use of the housing for other purposes, etc. If a room in an apartment is rented to a large family, then the rights of neighbors are violated, who say that there are certain standards for a large number of people living in one area.

To avoid such situations, the landlord, i.e. the owner must obtain the consent of all registered adult residents of the rooms in the communal apartment. Moreover, it is best if it is in writing. Their consent, the conditions of use of the home and common areas, and penalties for violating the conditions must be reflected in the lease agreement itself. Only then will you avoid conflicts and be able to rent out your property legally and honestly.

Do I need to ask my neighbors' permission to rent out a room in a communal apartment?

I own a room in a communal apartment, but I don’t live there myself. So as not to be idle, I want to rent it out (hire). Do I need to ask my neighbors' permission to rent out a room in a communal apartment?

No no need.

In 1994 The Constitutional Court of the Russian Federation recognized the right of tenants of rooms in communal apartments to privatize these rooms, regardless of the consent of neighbors who are tenants of adjacent rooms in the same apartment. This right has been exercised by many thousands of Russians. Thus, the owners of separate residential premises appeared in the apartment. The apartment was not privatized into common shared ownership.

According to the rules of Article 52 of the RSFSR Housing Code, valid until March 1, 2005, an isolated room in a “communal apartment” was recognized as an independent subject of a social tenancy agreement: “The subject of a tenancy agreement can only be an isolated living space, consisting of an apartment or one or more rooms. A part of a room or a room connected to another room by a common entrance (adjacent rooms), or utility rooms cannot be an independent subject of a rental agreement.”

Entered into force on 03/01/05. The Housing Code of the Russian Federation also recognized an isolated room as a residential premises. Article 15 of the RF Housing Code: “2. Residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, other legal requirements (hereinafter referred to as requirements)). Article 16 of the Housing Code of the Russian Federation classifies an isolated room as a type of residential premises.

Thus, tenants of rooms in communal apartments, who occupied the premises on the basis of separate social tenancy agreements, exercised their right to privatize these rooms.

The owner, in accordance with Article 209 of the Civil Code of the Russian Federation, has the right to own, use and dispose of his property in accordance with the law: “1. The owner has the rights to own, use and dispose of his property. 2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.”

Consequently, the owner of the room has the right, among other things, to rent out (rent, or provide for free use) his room in a communal apartment. But the question often arises: is it necessary to obtain consent or permission from neighboring owners of a communal apartment or neighbors - tenants of municipal rooms, to exercise this right?

First of all, it should be noted that the room to be rented is not in the common shared ownership of the persons living in the communal apartment. Yes, the room is part of the apartment according to Article 15 of the RF Housing Code: “4. A room is recognized as a part of a residential building or apartment intended for use as a place of direct residence for citizens in a residential building or apartment.” But in this case we mean a room as part of an apartment in the sense of the technical and functional relationship of the room as a part and the whole as an apartment. It is clear that the room must be located in an apartment (in this case, in a communal apartment). But this does not mean an unconditional legal relationship - the room may not be a share in the ownership of the apartment. The room may be a separate object of private property rights.

If the property is not in common shared ownership, then there is no need to ask anyone for consent when determining the procedure for using this property. This is the owner's business. Those. The owner of the room has the right to independently decide whether to rent out the room or not. And the position of your roommates has absolutely no meaning in this matter.

There is an approach that requires the consent of neighbors. This position is based on such arguments.

The Housing Code of the Russian Federation established that common property (common places of use) in a communal apartment is in the common shared ownership of the owners of the rooms. Article 41 of the RF Housing Code: “1. The owners of rooms in a communal apartment own, by right of common shared ownership, the premises in the apartment used to service more than one room (hereinafter referred to as the common property in the communal apartment).”

Based on this, the conclusion is drawn - because the tenant will use the common property in the “communal apartment”, and this property is in common ownership, then the neighbors’ consent to use this property is required. No consent means no right to use, which makes it impossible to use the room. Those. It is not possible to conclude a rental agreement for a room without the consent of the neighbors.

If we reason in this way, then it is impossible to rent out an apartment in the absence of the consent of the other residents of the house. Because common property of the house - staircase, elevators, steps, attics, part of the land plot under the house, etc. is in the common shared ownership of the residents - apartment owners. After all, the tenant will use this property.

Article 36 of the RF Housing Code: “1. The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one premises in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one premises, the land plot on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter referred to as the general property in an apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning activities.”

Obviously, the position is not based on current legislation. First of all, you need to proceed from the following. A room is rented as private property. The rental agreement is concluded regarding property that is not included in the common property of the persons living in the apartment.

The common property in a communal apartment follows the fate of the room in the communal apartment. Article 42 of the RF Housing Code: “3. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment follows the fate of the ownership of the specified room.”

This means that common property is the property of the main thing - the room, therefore, renting out a room entails the acquisition by the tenant of the right to use part of the common property in the communal apartment.

According to Article 135 of the Civil Code of the Russian Federation: “A thing intended to serve another, main thing and connected with it by a general purpose (accessory), follows the fate of the main thing, unless otherwise provided by the contract.” The share in the common property of a communal apartment is intended for the maintenance of the room, otherwise the tenant will not have the necessary amenities. Therefore, the transfer of a room for rent entails the transfer for use of part of the common property in the “communal apartment”.

It seems proven that the owner of a room has the right to enter into a rental agreement without taking into account the opinions of neighbors in a communal apartment.

If, during the course of residence, the tenant infringes on the rights of his neighbors in the apartment, for example, by leading an antisocial lifestyle, clearly making life difficult for the neighbors, then the neighbors have the right to put forward demands for the elimination of these violations, up to and including termination of the rental agreement with this tenant. But this, as they say, is a different story. Renting a room in itself does not infringe on the rights of neighbors in a communal apartment .

What is a share in an apartment?

Several owners of an apartment have their shares in it. Such ownership of property is called shared ownership (Article 244 of the Civil Code of the Russian Federation).

The division can be carried out in equal proportions or the common object will be divided between the owners in a different way.

From a legal point of view, it is correct to define the concept not as a share in an apartment, but as a part in the right to it. It is not tied to any specific place in the apartment.

Reference! The law provides for equity participation of co-owners to protect their rights. All owners of common property will know the scope of their powers.

Title documents may determine ownership of ½ part of a two-room apartment, but exactly which room belongs to one or the other of the owners is not determined by the certificate. Participants must independently resolve this issue and reach consensus.

Living space that is in shared ownership is difficult to divide in kind. It consists of residential and non-residential rooms: toilet, bathroom, kitchen, pantry, corridor.

If the co-owners do not find an agreement on the rules of joint ownership of property, then they, or one of them, can go to court with a demand to resolve the issue of the procedure for using common real estate (Article 247 of the Civil Code of the Russian Federation).

Article 247 of the Civil Code of the Russian Federation. Possession and use of property in shared ownership

• Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
• A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand from other participants who own and use the property falling on his share, appropriate compensation.

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This method is used infrequently - as a rule, the issue is not brought to court.

To go to court, it is necessary to prove that the plaintiff took all possible actions to resolve the conflict without involving an authority. What exactly will be the basis for satisfying the claim?

1. Repeated calls to the police, confirmed by copies of employee reports.
2. Contacting the SES. Confirmation will be a copy of the commission’s conclusion.
3. A collective complaint indicating violations from residents of an apartment building.
4. Systematic flooding, fires caused by residents, as well as other actions that resulted in property damage. This will be confirmed by documents from the HOA and the management company.

If you need to go to court, consult with a housing lawyer.

Privatized room

If your room in a communal apartment has already been privatized, then you can rent it out, but notify other people, because it is only partially your property. It is necessary to follow the main rule and remember about the norms of living in a small area. According to the law, there must be at least 12 square meters per person. This is why you cannot rent out a room for a workshop or office.

The rental conditions must be immediately described in the lease agreement. It is similar to the document that is signed when renting an apartment. It also needs to indicate the address, passport details of all parties, terms and conditions for making payment, and basic rental conditions. Renting a room in a communal apartment can only be done after the consent of all residents who have rights to it has been obtained.

It is important to enter information about the use of common services so that disputes and disagreements do not arise. If other tenants appear in your home who were not described in the main contract and this was done without your knowledge, then you have the right to terminate the lease agreement early without paying compensation.

It is important to understand that you do not need permission from the neighbors of other rooms in a communal apartment to rent or rent premises. But you will need their written consent that they do not mind sharing the same bathroom and kitchen with the tenant.

In this case, everything is more complicated, because without the permission of your neighbors you cannot do anything. You will need to enter into a lease agreement with them for the joint property. Otherwise, your residents will not be able to use even the common corridor. Naturally, all this is documented in writing.

The documents you may need are the following:

• Written consent from the authority or municipality that owns the apartment to rent it out;
• Permission to rent issued in accordance with the law from all family members or owners of the room;
• Drawing up a declaration of income from the rental or rental of premises;
• The lease agreement for a room in a communal apartment.

It is important to understand that there are also restrictions that relate to this issue.

For example, if the tenant is sick with a serious chronic disease, then the room cannot be rented to him, because there is a risk of infecting other residents. This also applies to the issue of renting or renting real estate by a family, subject to violation of the housing norm of 12 square meters per person. In these situations, your neighbors may demand termination of the contract even through court.

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How to rent out such housing?

It is necessary to prepare for renting out the premises.
This requires advertising and searching for clients. You can do this yourself through the Internet and advertisements, or use the services of real estate agencies. The second option is preferable because it reduces the likelihood of running into dishonest tenants. In addition, you need to persuade the room to be rented. To do this, it is worth carrying out a small renovation, throwing out all the old and unnecessary furniture, and providing the housing with all modern communications. This will increase the rental price and you will have a better chance of renting out your property for more.

You need to immediately prepare all the necessary documents that clients may request from you in order to verify your honesty.

Don't forget to sign a lease agreement. You can determine the validity period yourself: long-term or short-term. Its presence will give more guarantees for you and the employer. Such a document does not have to be drawn up by a notary, but it must contain basic information about the parties to the agreement, the number of residents, the address of the premises and its size, the presence of furniture, terms and amount of payment, and basic conditions. If you wish, you can enter other information.

You can also draw up an act of renting out and accepting a room in a communal apartment. This will help you avoid property damage and future conflicts.

Is it possible to rent out your part?

According to Article 209 of the Civil Code of the Russian Federation, the owner has the right to use, dispose of and own his residential real estate. He can transfer his ownership of the property to other citizens, remaining the owner, but without violating the rights and interests of other citizens, which are protected by law.

The rights of other persons in the ownership of property in shared ownership are secured by Articles 246 and 247 of the Civil Code of the Russian Federation. Such property can be disposed of only with the permission of all its owners. This is a fundamental condition when renting out your part for a certain period.

Legislative acts of the Russian Federation do not prohibit the owner from disposing of his part at his personal discretion. But for your actions in relation to personal property you must have permission from other accomplices.

From the legal point of view of this issue, you can rent out your share to the tenant for a certain period.

How to write a statement to the tax office about illegal rental of an apartment

If tenants complain about renting out an apartment without a contract, this complicates the entire proof procedure.

After the application, the tax authority will conduct an audit. This is the most effective way to identify possible violations. It is carried out on the basis of a decision of a competent official.

Important

During these actions, all violations committed by an unscrupulous landlord will be revealed.

There are several types of checks. A desk audit based on a complaint to the tax office concerns those documents that the taxpayer (and in this case, the landlord) is required to provide.

An on-site inspection based on a tenant’s complaint about illegal rentals is a procedure in which an inspector works on the landlord’s premises, checking contracts and documents that are related to financial and economic activity. The taxpayer will not have the right to prevent all procedures from being carried out, so there is a very high chance that violations will be discovered.

If violations are detected, certain sanctions will be applied to the landlord.

The landlord is required to send a declaration of his income to the tax office every year.

It’s also worth moving a little away from the topic and saying that very often his neighbors may suffer from the landlord’s actions. For example, from violations of public order, etc. They can also file a complaint with the tax office, but this will not end with anything other than a visit from an inspector. Why this situation will arise will be explained below. If neighbors suspect the landlord of renting out an apartment to citizens illegally residing in the Russian Federation, then the tenants can complain to the migration service (FMS) about the tenants and the owner of the apartment.

We should start with the fact that, as a rule, only the tenant himself can prove the existence of such a transaction. In addition, he will need to provide evidence, such as: bank statements that confirm regular money transfers to the landlord.

Before taking decisive action and starting to file various complaints, it is worth talking with the landlord and trying to convince him not to break the law and start paying taxes, however, this will not always have the desired effect on the latter.

How to do it?

1. It is necessary to notify each co-owner of the apartment in writing of your intention to rent out your share, indicating the amount of the monthly payment and the conditions for its transfer.
2. Invite each of them to become an employer of your right.
3. Receive a written response:
   with confirmation of consent to become tenants, or permission to rent out a certain size of housing to third parties;
4. with confirmation of refusal.

If the co-owners have given permission to rent such living space, then it is necessary with the participants to confirm in writing the division of all living space between the owners and the rules for their use of non-residential space.

If you receive a refusal from all owners, you should apply to the court with a demand for distribution of the procedure for using the common property and the possibility of transferring your share for rent to other persons, attaching to the claim a written confirmation of your appeal to the co-owners and the written refusal received from them.

When transferring your part to the right of ownership of residential space in order to receive rent, you must have:

• title document for the property;
• written permission from each co-owner to transfer to the tenants your part in the right to dispose of the apartment;
• a written distribution of living space between co-owners and rules for the use of non-residential space, which will be reached by joint consent or by court decision.

To obtain a court decision, you must attach the following documents to your claim:

1. BTI registration certificate;
2. certificate of title to living space;
3. extract from the house register.

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

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.

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.

He will be responsible for the actions of the tenants.

When a court decision is made and money is paid, the owner of the apartment has the right to direct penalties to the persons who directly caused the damage.

When providing premises for rent, a person must understand all the risks associated with the occupancy of tenants. Some people choose to compensate for their appearance by increasing the rent. If the rights of other residents of an apartment building are violated, a legal assessment may be carried out by judges or other authorities.

Having decided to go to court, neighbors should try to collect as much evidence as possible of the guilt of the property owner and tenants

It is important to supplement the application with a list of documents. You can attach a copy of the appeal to the district police officer, documented evidence and other official acts

It is important that as many neighbors as possible contact the authorized body. You can increase the chance of a positive decision by contacting an experienced lawyer

This will also have a positive effect on your chance of winning your case.

Rent an apartment for a day

The fact that there is a constant change of tenants may indicate that the premises are rented for a short period of time

Before contacting other authorities, it is important to find out whether it is possible to rent an apartment for daily rent in a residential building

Contract details

IMPORTANT. When concluding a lease agreement for a share in the right to own residential space, it is necessary to take into account the requirements of Article 249 of the Civil Code of the Russian Federation.

Article 249 of the Civil Code of the Russian Federation. Expenses for maintaining property in shared ownership

Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on the common property, as well as in the costs of its maintenance and preservation.

The costs of maintaining joint property are distributed in proportion to the amounts recorded in the certificates of each of the participants. Peculiarities of drawing up this type of agreement:

1. The subject of the contract will be a specific room or rooms and the size of the area to be rented. This fact must be confirmed in writing by other participants or recorded in a court decision.
2. It is necessary to fix the amount of reimbursement for utility bills.
3. The rules for using the common area should be outlined, taking into account the consent of the co-owners.
4. The amount of rent and form of payment are agreed upon with all participants.

The clauses in the agreement are written in accordance with the standard form for filling out a residential lease agreement:

• obligations of the parties;
• rights of the parties;
• special conditions;
• details of the parties.

Housing must be suitable for living.

How to negotiate a room for rent without going to court

Naturally, going to court is the last, radical method to get your way. First, it is recommended to try your hand at dialogue with your neighbors. It is best to persuade them to write a consent, so that if something happens, you will have with you a document that will refute the neighbors’ claims.

This can be achieved quite simply by describing the positive qualities of the new tenant. It is understood that the owner of the room is a responsible person, and cares not only about his own earnings, but also about the reliability of the tenant, who will not cause inconvenience to others.

It is important to make it clear to your neighbors that the new tenant will not disrupt their daily routine or be a nuisance. The ideal option is a person who is often busy at work, does not play musical instruments and does not invite noisy companies to night parties. Everyone will like a quiet and calm neighbor.

A trump card that will help change the decision of even radically minded people is to carry out some repair work in the apartment. For example, you can replace furniture or fittings in a shared kitchen or bathroom.

What should future residents know?

It is very important that you immediately familiarize future residents with the rules of living in the apartment, because the reaction of the neighbors will depend on this. Explain to them the times for using the kitchen and bathroom. If necessary, write this down in the document. And for the first time, monitor the execution of the contract, payment of rent and utility bills.

In any case, all actions need to be weighed and discussed not only with your family, but also with your neighbors, and then rent out the premises. Therefore, do not forget that you must follow the rules and draw up documents that will confirm the fact of delivery of housing, describe all the necessary points and save you from problems.

Application to the tax office about illegal rental of an apartment

Info

The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

• Constitution of the Russian Federation (Article 17);
• “Rules for the use of residential premises” (clauses 6-10);
• Federal Law “On the sanitary and epidemiological welfare of the population.”

When writing the main part of the application, it is important to indicate:

1. address of residents or tenants violating the rules of the hostel;
2. a specific list of violations (systematic noise at night, causing damage to common areas);
3. measures of influence.

Example of writing the main part:

Statement

We, the undersigned, ask you to take action regarding the periodic violation of public order by residents renting an apartment at the address: Saransk, st. Central, 8, apt. 25 with bringing them to administrative responsibility.

List of violations:

1. accommodation in the apartment is carried out without temporary registration and a rental agreement, which is confirmed by the tenants themselves.
2. Smoking in the entrance.
3. Listening to loud music, fighting and brawling at night.

These violations contradict the requirements of Art.

From whom and how to obtain permission?

According to Article 16 of the Housing Code of the Russian Federation, a room in an apartment is a living space that the owner can use for his own purposes or rent out. The owner has the right to perform any actions with the property that do not contradict the law and legal acts.

Help: If the property is registered to the room, you can do whatever you want with it. But if it is registered as a share in an apartment, then the premises can only be rented out with the permission of the owners.

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