It often happens that neighbors who seem reasonable at first glance become very noisy and in every possible way interfere with the neighbors’ comfortable living. There are also situations where apartment owners rent them out on a daily basis. And most often, they do it completely illegally. This is a serious problem for neighbors, since it is impossible to relax in your own home. Then the question arises, where to file a complaint? The answer to this question will be in this article.
Rights and responsibilities of residents
To figure out whether noise is a violation, it is worth learning about the rights and responsibilities of apartment owners.
Rights:
- The right to own real estate. That is, to be its owner and the right not to allow third parties into the apartment.
- The right to use real estate. This, among other things, benefits from real estate by renting it. It can be rented by both individuals and legal entities. But in the case of a legal entity, its use is limited exclusively to residence (for company employees).
- The right to dispose of real estate. He can sell it, donate it, exchange it, etc. He can also use it for work. As is often done, I am converting apartments into clinics, studios, and production. But this activity should not in any way disturb the neighbors.
Residents are prohibited from changing the layout of their housing on their own. To do this, you need to obtain permission from the housing office.
Responsibilities:
- Maintaining common property (elevators, entrance doors, mailboxes, etc.) in proper condition.
- Payment of utility services.
- Maintain a certain noise level depending on the time of day. An interesting fact is that in Japan every apartment has a noise level sensor. It is needed in order not to disturb neighbors and control the sound.
- It is this last responsibility that apartment owners so often neglect when renting out an apartment on a daily basis.
Violation of conditions
Converting an apartment in a multi-storey building into a hostel is always an additional hassle for neighbors. Constantly new people, a lot of noise and discomfort. You never know what kind of person rents an apartment. In case of such a violation, it can be stopped by contacting the relevant authorities. You can go talk to the owner first, but if this cannot be done, or he refuses his idea, then you need to contact law enforcement agencies. Moreover, most likely the owner is also evading taxes. This will be the first violation.
It is also worth taking a closer look to see if migrants are renting an apartment. If it turns out that they do not have permission or registration for this, then the owner faces another fine. And additional migrants will be evicted.
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. 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. The use of such real estate as a hotel is not permitted by sanitary standards.
If a person wants to act in accordance with the laws, it is important to initially register and obtain official permission from the municipality and the management of the HOA. Additionally, you will have to open an individual entrepreneur and pay taxes.
If at least one of these rules is violated, you can contact the authorized organization with a complaint. The prosecutor's office is looking into the matter. Additionally, you can submit an application to the tax office. It is important to follow the established form of application. Often, people renting out premises on a daily basis expect that the neighbors will not react to this fact. Often individuals are aware of the illegality of such an action.
How to collect evidence?
The only significant evidence is the denunciation of the apartment tenant. Taking a cunning route, one can easily make such a proof. Ask a friend to contact a neighbor with a request to rent out an apartment. If he agrees, let him demand a contract. It is this agreement that will be direct evidence of his illegal actions. Or there must be a receipt for the receipt and transfer of money. If the owner does not agree to sign the agreement or receipt, then you can complain about him to the tax office. Perhaps they will come to check who lives in that apartment. But if they don’t see anything suspicious, the owner will escape punishment.
Contacting the tax office
If your neighbors are concerned about constant noise or other violations, you can contact the tax office. You have to write a statement.
It must contain the following information:
- information about the person sending the application;
- the essence of the issue (it is necessary to request verification of the individual entrepreneur status of the apartment owner and the fact of payment of taxes);
- The statement must also contain a requirement to hold the person accountable if the presence of illegal actions is revealed.
Renting real estate on a daily basis increases the risk of a gas explosion, the threat of terrorism and other dangers. All this obliges the authorities to respond quickly. It is important to provide evidence of illegal use of the premises.
Where to turn if neighbors are noisy?
If you need to quickly remove the noise, you can contact the police. They must warn noisy neighbors. You can make such a complaint to a large number of authorities. Starting from the district police officer, ending with the Federal Migration Service. So, a list of organizations that you can contact in case of noise from neighbors:
- The local police officer - he will most likely come to eliminate the noise based on your complaint.
- The prosecutor's office - if the local police officer ignores your complaints.
- Rospotrebnadzor. In case the neighbors do not keep the common areas of the house clean.
- Tax - in case of illegal rental of an apartment.
- FMS - in case of migrants living in an apartment about whom you have doubts.
Where to apply for an owner renting an apartment daily
First of all, you need to find out what to do if your neighbors rent out an apartment by the day and they make noise there all night. There is no specific provision in the current legislation. Therefore, achieving a positive result can be problematic. Anonymous reports are not considered by the Migration Tax Service. Disgruntled neighbors are often afraid to provide personal information. This is done in order not to aggravate the conflict with the property owner. Having learned that the premises are being rented out for short-term rent to tenants, you will first need to talk with the owner of the apartment. An alternative is to send an official letter. It would be better if several disgruntled neighbors signed it at once.
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If scandals continue and the necessary measures are not taken by the owner of the apartment, residents of the building can resort to the following methods of influence:
- Send a written appeal to the district police officer. It will need to describe the violation committed. If possible, all information must be documented.
- Contact the supervisory authority if the police representative ignores the request. This institution is the prosecutor's office.
- Submit an application to the migration service, Rospotrebnadzor or the tax office. An alternative is to call the hotline.
The law obliges representatives of authorized bodies to respond to citizens’ appeals within a month. If the answer was never given or the decision made did not suit the neighbors, you can file a complaint about the inaction to higher authorities. Appeal to the court is carried out only if the tenants caused material damage to the residents of neighboring apartments. The claim is brought against the owner of the premises. 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.
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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.
What are the consequences of such violations for property owners?
Punishment for property owners is carried out mainly by the tax authorities. Punishment may be in the form of a fine or imprisonment. For such violations, the property owner must: pay the state the entire amount of tax that he had to pay when renting out the apartment. He must also pay 20% of the amount of tax debt. If the debt was above 300,000 rubles, then the state may require a larger percentage of the fine. This could be 50% or even 75% of the fine of the debt amount. If the owner received an income of 1.5 million rubles without notifying the tax office, then he may be deprived of his freedom.
Daily rental facts
It is quite easy to identify the fact that a neighbor is renting out his apartment. Meeting new people very often on the site and hearing constantly changing voices, it is not difficult to come to the conclusion that the housing is rented on a daily basis. Everything would be fine if the tenants behave quietly, observing the rules of a conscientious hostel, but almost always daily rent turns a neighbor’s home into a hostel for dubious elements or a hangout.
How to deal with such phenomena? You need to contact the authorities, because the illegal conversion of housing stock into a hotel is punishable by law. To engage in this type of activity, a neighbor must register with the municipality, obtain permission, register as an individual entrepreneur, and, at a minimum, pay taxes. Mostly people forget about this. Therefore, it makes more sense to start with the tax service.
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.
Reporting about migrants
How to get rid of hated tenants? With some migrants, they are, of course, a minority, even saying hello is harmful to health .
You can complain about such tenants using:
- Call the FMS office.
- Application sent via electronic message on the official website of the FMS (fms.gov.ru).
Find out on our website whether it is possible to rent out municipal housing, a room in a communal apartment, a share in an apartment, or living space purchased with a mortgage, without fines or problems with the law.
Response time
After submitting a complaint in writing in person to the authority or by mail, it is considered and the accuracy of the evidence base (certificates, copies of protocols, decisions) is checked. If the application is drawn up incorrectly, with information that appears to be dubious, consideration may be refused.
Attention! If the complaint is accepted for consideration, a response will occur within 30 calendar days. When filing a complaint about illegal rental of housing with the tax service or migration authorities, inspections are carried out quickly, within a few days.
A response about the inspection carried out and its results can be sent to the complainant by registered mail or by email if her address was indicated in the complaint.
Writing a complaint against neighbors may be required in a variety of cases. Read about how and where to complain about neighbors about repairs and barking dogs.
