What to do if a neighbor rents an apartment for rent and prevents you from living

Is it legal to rent an apartment for rent?

To the annoyance of some neighbors, yes. The owner has the right to dispose of housing at his own discretion, including renting it out.

But what about the law that prohibits hosting hostels in high-rise buildings?

Indeed, in 2019 a regulation was issued that prohibitsFederal Law dated 15.04.2019 No. 59-FZ use apartments for the provision of hotel services. However, it does not applyYou can still rent apartments for rent by the day.

Hospitality services have a number of characteristics that do not apply to conventional accommodation. This is most often collective accommodation and a certain number of rooms, as well as cleaning, bed linen, and so on.

In general, you can complain about an illegal hostel under this law. And for renting an apartment - alas.

But these "guests" make noise and litter, it's enough!

This is a different question. You can rent out an apartment, but you cannot violate the rights of neighbors. The latter can and should be fought. For example, here's what to do when it comes to noise, fights, drunken fights.

• Every time this happens, call the cops. It is likely that they will eventually go out to the owner and explain to him that this should not be allowed.
• Contact your district police officer. Moreover, it is better not to call, but to submit an application in writing so that the appeal is recorded. Ideally, you should involve other disgruntled neighbors in this. The district officer must consider the applicationFederal Law of May 2, 2006 No. N 59-FZ "On the procedure for considering appeals from citizens of the Russian Federation" within 30 days.
• If the previous steps ended in nothing, apply to the prosecutor's office. Describe the situation in it, tell us about the steps that you took earlier: about complaints to the police and the district police officer.

On trash you can complain to Rospotrebnadzor. Attach photo or video evidence to your application. The department also has 30 days to respond.

If your property was damaged - the railings in the entrance were broken off or the apartment was flooded - go to court. Demand the homeowner to compensate you for the damage. You can also go to court when the premises are used for other purposes. You can focus on this if the apartment is rented out for holidays and parties.

Is there anything else you can do?

Often the owner rents the apartment illegally and does not pay tax on rental income. The penalty for this can be a convincing argument for him not to spoil relations with his neighbors. You need to complain about illegal business to the tax office.

Another clue is the tenants' citizenship. If they stay in the country in violation of the regime, they may be interested in the Migration Department of the Ministry of Internal Affairs. And in this case, the landlord is threatened withAdministrative Code of the Russian Federation Article 18.9 a fine of up to 5 thousand rubles.

Important: both the tax office and the Ministry of Internal Affairs do not accept anonymous complaints.

Finally, if you know that your neighbor's apartment has a mortgage, go through a bank. The ban on its delivery is usually spelled out in the loan agreement. If the institution finds out about the violation, it can oblige the owner to pay off the debt at a time. And here two options are possible: either he will do it, or the apartment will be sold to close the loan. For you, the second option is, of course, preferable.

All this does not sound very optimistic.

And there is. Unfortunately, defending your right to live in peace is not easy. But there is good news as well.

For example, in Oryol the court forbadeOryol Regional Court ordered the owner to stop using the apartment for other purposes the owner of the apartment to rent it out by the day. Intruder's neighbors filed a claim, in which they complained about the behavior of tenants. They constantly made noise, threw garbage out of windows and behaved indecently. The owner was brought to administrative responsibility, but this did not change the situation. The court granted the claim and ordered the owner to pay the neighbors 75 thousand rubles in moral compensation. So don't give up hope either.