Sometimes people specifically buy living space for the purpose of using it to earn money. But not all neighbors may be happy with the fact that they are renting an apartment nearby. In this article we will look at what to do if neighbors are renting out an apartment and where to complain?
If noise is constantly heard from a neighboring apartment, it causes a lot of discomfort. However, before complaining about tenants, you should try to resolve the issue peacefully. In some cases, noise may be associated with the play of small children, or with the improvement of the premises. These issues can be clarified with neighbors without filing complaints with other authorities (
Neighbors are renting out an apartment, where to file a complaint?
Many people, when purchasing residential space, consider this fact as an additional means of earning money.
Of course, during a crisis, all methods of dealing with lack of money are good. But very often the residents of neighboring apartments are not happy about this and they ask the question: “Where can I complain about neighbors who rent out their apartments?”
Of course, something needs to be done. Especially if there is constant noise behind the wall and this fact causes discomfort to other residents of the apartment building. But, before going on the warpath, you need to try other methods of dealing with careless neighbors.
For example, if the noise coming from is the subject of small children playing or it is just a temporary inconvenience due to the work being carried out to improve the living space.
How to properly file a complaint and where to send it?
Of course, with the modern rhythm of life, there are a great many moments for writing a complaint about careless neighbors. For example, the owner rents out an apartment illegally, and the tenants are constantly making noise, do not comply with public requirements for maintaining cleanliness in common areas, are rowdy, and swear. In a word, they make the life of the residents unbearable.
Of course, you can find control over them. But it must be legal. Otherwise, they can write a counter statement.
You can contact the following law enforcement agencies to consider your complaint:
- write an application addressed to your local police officer;
- in cases of inaction by the district police officer or if his raids do not bring the desired results, it is necessary to file a complaint with the prosecutor’s office;
- if the apartment and common areas are maintained in unsanitary conditions, you should contact Rospotrebnadzor;
- if the tenants are not only rowdy, but also citizens of another state, then you can also inform the migration service.
But the very first action to restore order should be a serious conversation, both with the neighbors themselves and with the owner of the living space.
In cases of inaction on the part of the owner, you can write a statement to the tax service to verify the legality of the neighbor’s actions.
Law enforcement agencies, unfortunately, do not respond to all complaints with inspections. To ensure that there are as few such situations as possible, you should first prepare a database of facts to prove offenses on the part of the residents of the neighboring apartment.
A properly drafted complaint is the first step to winning a fair fight.
The application must indicate:
- where and to whom the application is intended;
- from whom, where do you live, contact phone number;
- in the text it is necessary to state the whole essence of the exciting problem;
- indicate that there is evidence of an offense;
- put the date and signature.
If the complaint is collective, then the signatures of all neighbors, indicating their contact numbers, must also be noted in the statement.
Evidence base
It is extremely difficult to prove illegal rental of real estate. No one will show you the agreement and receipts; nothing obliges them to do this. It’s another matter when a police officer makes such a request.
Any sane landlord will say that the citizens renting the living space are distant relatives or friends who live for free. In this case, he is not doing anything illegal. Therefore, previously reviewed documents accepted as evidence must be painstakingly collected before starting legal proceedings.
For example, to prove daily change, it is better to act like this:
- Neighbors, under the guise of clients, direct their acquaintances, whom they can trust, to rent living space.
- Clients, in turn, take all possible documents from the owner (receipts) confirming the rental for a short period of time and receipt of money (profit).
- Documentary recording.
Carrying out such actions two or more times will indicate the systematic actions of the landlord, which is what the opponents are trying to achieve in this case.
Any complaint is subject to consideration.
You need to calculate the timing:
- If the document is marked as having been received by a body or official, from that moment 30 calendar days are counted, provided for by law for consideration of the complaint.
- After receiving an application from an individual, a criminal case is initiated within 3 days.
If there is no response to the complaint within the specified period, the inaction of the body or official can be reported to the district prosecutor's office.
What to do if the apartment is rented by the owners on a daily basis
Big problems arise for residents of the house when the owners of neighboring residential premises allow tenants to stay for daily stays.
In this case, there is not only a violation of legislation in the field of tax concealment, but also massive inconvenience for permanent residents.
For example, loud music, showdowns between noisy drunken groups, screaming, slamming doors, litter and cigarette butts on the landings. All this, sooner or later, can get boring for every person.
The question arises: where to complain and what to do?
- You need to make sure that the apartment is rented daily. This fact takes place if you constantly meet new people who enter the rental apartment without any problems or if you hear new voices behind the wall every time. The presence of new noisy companies every time.
- During periods of rowdy behavior and disturbance of peace by loud noises, there is no need to hesitate to call the police. They must confirm their departure with a written document.
- It is not forbidden to film a showdown between new residents taking place in the entrance hall and then complain based on this evidence.
- When there is enough evidence of the fact of renting out housing on a daily basis, you need to submit an application to the tax service.
- In addition, if clogging of common areas also occurs, then a statement should be made to the sanitary and epidemiological station with a request to take action.
In this case, the owner of the apartment will be shocked and, perhaps, the noise and commotion in the rented apartment will stop for some time.
If this fact repeats with renewed intensity, then you should think about turning to the judicial authorities.
The neighbors let the tenants in, but they are migrants
It is not uncommon for owners to rent out living space to migrants for the purpose of profit. The thing is that they agree to live for a long time in large companies and there is no need to provide them with special amenities.
The presence of such neighbors should be immediately reported to the migration service, since their residence is most often illegal. Only this law enforcement service can evict them.
In addition, if there is a clear violation of sanitation, then it is also necessary to report to epidemiological surveillance. They will conduct a factual inspection and oblige the apartment owner to take all necessary measures to sanitize the living space.
In this way, it will be possible to avoid the sudden appearance of cockroaches, mice and other insects.
The apartment next door has turned into a brothel, what should I do?
Oddly enough, in our lives there are people who are ready to turn their residential premises, which they own as property, into a brothel. This fact occurs only because of the opportunity to earn large sums of money in a short time.
In this case, neighbors must fight this fact without fail.
The authorities involved in protecting the rights of citizens have been listed above. The fight should only be waged together with other neighbors.
In this situation, you need to complain not only about extraneous noise coming from the apartment, but also about the possibility of other citizens being in the company of dubious individuals and the possibility of acquiring various kinds of diseases.
How can you evict tenants from a rental apartment?
If life in an apartment building has become unbearable due to the fact that the tenants are constantly making noise in the rented apartment, then it is logical that the neighbors begin to think about how to evict them. Where should I go to solve this problem?
If migrants rent an apartment and are constantly making noise, then it won’t be difficult to evict them. It is enough for the migration service to arrive at your destination.
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.
To do this you need to do the following:
- repeatedly complain to the police about neighbors, asking for copies of reports drawn up at the time of the raids;
- in case of violation of the rules for using public places, failure to comply with the rules of hygiene and order, you should complain to the Sanitary and Epidemiological Supervision and Housing and Communal Services, and also require copies of their conclusions;
- draw up written statements about taking measures addressed to the owner who rents the apartment, and send them by registered mail;
- the fight against illegally settled citizens is best waged not alone, but by the whole entrance (letters of complaint must be signed by all participants indicating their exact contact information, with a convincing request to evict the tenants from the occupied living space).
Only with a well-selected base of evidence of the guilt of citizens who rent residential premises in a high-rise building, when considering a lawsuit, can a decision be made to evict them from this territory.
Is it possible?
The law does not directly prohibit such a transaction. However, there is a requirement to conclude a written lease (lease) agreement (Article 674 of the Civil Code). In addition, there is such a thing as encumbering an apartment, which refers to renting an apartment for a period of more than a year. Encumbrance on an apartment is subject to mandatory state registration. It is clear that it is very difficult to prove the existence of such a transaction.
Now you know whether it is possible to rent out housing without a rental agreement.
Is it possible to prohibit the owner of a residential property from renting it out?
Living in apartment buildings entails not only a number of positive, but also a number of negative aspects. For example, envy towards those owners who rent out their property.
Then the neighbors begin to collect evidence that this process is taking place illegally and ruin not only their own life, but also the life of the owner renting out the premises with all sorts of complaints.
People who don’t know the laws ask: “Where can I go to prohibit renting out an apartment?”
The answer, according to the legislation of the Russian Federation, is unequivocal - nowhere, because every owner of any property, be it an apartment, a dacha or a private residential building, has the right to do whatever he wants with it, according to his own views and interests.
The only thing that owners who rent out residential premises can be blamed for is damage caused to buildings or property of other residential premises. But, of course, if there is evidence.
In this case, law enforcement agencies have the right to force the person who rents the apartment to pay in full for the damage caused or carry out repairs at his personal expense.
Of course, hiding income from the state is not encouraged by law, but it is quite difficult to prove the fact that an individual is renting out an apartment illegally. The tenant and the owner can agree that when checking they will refer to free accommodation.
Is it possible to rent out a room without the consent of the neighbors?
Do I need to obtain permission from neighbors when planning to rent out an apartment for daily or long-term rent? If it is in state (municipal) ownership, then subletting is not prohibited by law (clause 2, clause 1, article 67 of the Housing Code of the Russian Federation), but the tenant must first obtain written permission from all neighbors registered in the apartment, and then issue a written contacting the landlord (in accordance with Article 76 of the Housing Code of the Russian Federation, the decision on the possibility of subletting is made by the state/municipal body).
Homeowners dispose of their property independently (Article 228 of the Civil Code of the Russian Federation). They are not required to ask permission to rent it out.
What sanctions are imposed on individuals who rent out an apartment illegally?
As mentioned earlier, the fact of illegal residence of tenants is very difficult to prove. But still, if there is indisputable evidence of this fact, plus the tenants are constantly making noise or the apartment is rented on a daily basis, then you should complain to the tax service.
If there is evidence of an offense on the part of an individual, the following sanctions may be applied to him:
- imposition of a fine;
- performing forced labor in accordance with the law;
- seizure;
- imprisonment for a period prescribed in accordance with the Criminal Code of the Russian Federation.
Of course, we must remember that these are extreme measures and their use does not occur in all cases.
In cases where neighbors renting an apartment are making a lot of noise, before you complain anywhere or think about how to evict them, you should try to solve the problem peacefully through negotiations.
This method will help save the nervous system of residents and money, without which not a single trial can proceed.
Illegal business
Illegal business activity is understood as activity that a citizen conducts without registering a legal entity or individual entrepreneur (we are talking about the systematic receipt of profit from running a business), or activity without a license, when one must be required.
Fines for such violations are established in Art. 116 Tax Code of the Russian Federation, Art. 14.1 Code of Administrative Offenses of the Russian Federation and Art. 171 of the Criminal Code of the Russian Federation. The violator may also face correctional labor or imprisonment. It all depends on the severity of the violation.
Entrepreneurial activity may be indicated by the testimony of counterparties, clients, wholesale purchases, advertising, the presence of papers on the sale of goods and services, etc., therefore, these are the factors that the Federal Tax Service will check after receiving an application about illegal entrepreneurship.
