Noise behind the wall: how to deal with it and where to complain if neighbors rent out an apartment by the day?

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.

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.

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:

1. Call the local police officer several times, asking for a copy of the report on the situation.
2. Contact the sanitary and epidemiological service if there are reasons. Provide the court with an opinion.
3. 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.
4. Create a collective complaint against your neighbors. The majority of people living in the house must sign it.
5. Provide any other evidence that will be significant for the court.

How to prove the fact of delivery?

Most owners rent out apartments illegally without paying taxes. This fact may become one of the grounds for filing a complaint against the owner. But in order for the case to immediately take a rapid turn and be considered by the official authorities, evidence will be required:

• rental housing;
• transfer of money by the employer to the owner;
• no tax payment.

Where can I get evidence and who can provide it? In this matter, the main evidence base consists of documents accompanying the transaction between the owner of the apartment and the tenant : a rental agreement and a receipt for payment for accommodation. It is impossible for neighbors to obtain such documentation, since only the immediate parties to the transaction have copies of the papers. It turns out that only the tenant can prove the illegal rental of housing.

If there is no evidence of illegal rental of real estate, then you can inform the local police officer or the tax office. After reviewing the application, the authorities will conduct an inspection to identify violations on the part of the tenant.

Reference. There may be no written conclusion of a rental agreement between the owner and the tenant. A tenant can pose as a relative of the apartment owner to help him avoid punishment.

In this case, the authorities will have to check the passports of the owner and the tenant, as well as the presence of the latter’s temporary registration in the apartment, and in the absence of these documents they can evict the guests.

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 will be considered a violation of silence?

The word “noise” refers to any sounds that exceed the maximum permissible level: in the daytime - 55 decibels and at night - 45 decibels (Section VI SanPiN 2.1.2.2645-10). The document plans to stipulate that abnormal noise (for example, the hum of a faulty refrigerator, the sound of a hammer drill, etc.) should be distinguished from natural noise (a crying child, calm steps, the sound of water in pipes). The crying of a child, the sound of flowing water or footsteps will not fall under the concept of “noise”, and there will be no punishment for this, as well as for actions aimed at preventing offenses, eliminating the consequences of accidents, natural disasters, and other emergency situations.

Question answer

What kind of balls are the upstairs neighbors rolling?

Neighbors rent out an apartment

• To the police, by filing a statement addressed to the local police officer;
• To the prosecutor's office, if the district police officer is inactive or his actions do not bring results;
• To Rospotrebnadzor, if the apartment is kept in unsanitary conditions;
• To the migration service, if the tenants are citizens of another state.

St. Petersburg, Leningrad region call: +7 (812) 317-60-16

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 the article we will look at what to do if neighbors rent out an apartment and where to complain? A complaint will need to be submitted to any authority in writing.

In order for it to bring effective results, it must be compiled correctly. The complaint statement must contain the following: 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 (

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.

✅ Punishment for non-payment of taxes

Non-payment of taxes is punishable by fines, and in case of malicious violation of the law and concealment of significant income (if for 3 years the amount of unpaid taxes exceeded 900 thousand rubles ), the punishment may be imprisonment for up to 3 years (Article 198 of the Criminal Code of the Russian Federation).

There is a statute of limitations. If taxes have not been paid for many years, then they can be collected by law only for the last 3 years .

What else could change for homeowners?

Deputies proposed a ban on making noise in residential buildings from 23:00 to 07:00. Individuals for violating the silence will face a fine of 5 thousand to 50 thousand rubles, and legal entities - from 50 thousand to 150 thousand rubles. Today, fines for such violations established in the regions are much lower.

Deputies also want to oblige owners of non-residential premises in an apartment building not to violate the rights of neighbors. Now only users of residential premises must comply with the law on silence. Meanwhile, many complaints are received specifically about shops, restaurants, hostels and other establishments located on the ground floors of houses.

What laws regarding disturbance of silence in residential buildings are in force today?

Currently in Russia there is no uniform law on breaking silence; regions and municipalities set their own standards locally. Thus, in Moscow there is a noise ban from 11:00 pm to 7:00 am; repair work is prohibited from 7:00 pm to 9:00 am. There is also a ban on repairs on holidays, weekends and other days - from 13:00 to 15:00. For violations, fines are imposed for citizens in the amount of 1-2 thousand rubles, for officials - 4-8 thousand rubles, for legal entities - 40-80 thousand rubles.

According to Art. 2 Laws of the Moscow Region dated 03/07/2014 No. 6/2014-OZ “On ensuring peace and quiet of citizens in the Moscow Region”, in the Moscow region, silence times are set differently depending on the days of the week: from Monday to Friday - from 21:00 until 8:00, on weekends and non-working holidays - from 22:00 to 10:00. The use of sound amplification equipment and repair work are also prohibited from 13:00 to 15:00 daily.

Actions that violate silence also include shouting, the use of pyrotechnics, etc. The legislation of the constituent entities may define other actions that fall under this definition.

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 to deal with ugliness in apartments rented daily

Apparently, the tenants believe that since they paid 1,300 per day (this is the price indicated in the rental advertisement), they should have a blast, regardless of anyone. And the fact that it’s night outside and the neighbors can’t sleep because of them doesn’t matter.

But first, about what they have already accomplished.

It didn't work out enough. Their complaint from the prosecutor's office of the Blagodarnensky district, as promised, was sent to the Budyonnovsk interdistrict tax inspectorate. How to write a statement to the police regarding a beating? There they checked everything, opened a case of administrative violation and punished a citizen engaged in daily business” for carrying out business activities without state registration or without a special permit (license). Punishment is an administrative fine from five hundred to two thousand rubles.

At first, the residents defended the right to peace on their own: they tried to reason with especially noisy guests with comments and persuasion, they called the woman who rents out the apartment, complaining about the tenants’ lawlessness, they asked to influence the situation, but they achieved nothing. She is not going to make concessions and, judging by the advertisements on Avito, she is renting out several more apartments in this way. Some guests are replaced by others, short periods of already unusual silence alternate with new noisy gatherings, orgies and fights. And the other day, another unpleasant surprise was discovered on the ground floor - one of the visitors to the bad apartment, if you'll excuse the expression, did not make it to the toilet. This is exactly what happened to the residents of house No. 5, 60 Let Oktyabrya passage in the city of Blagodarny.

Last summer, one of the apartments was sold, and for the people living next door, the quiet life ended. According to them, the new owner did not move into the apartment, she rented it out to another woman, who also does not live there and, in turn, rents out the rented two-room apartment on a daily basis. This method will help save the nervous system of residents and money, without which not a single trial can proceed. 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.

Please tell me, my neighbors rent out an apartment by the day, where can I file a complaint against them for noise Ruslan, in the management company or the enterprise that owns the house. it could be a housing office. Hello, dear visitor to our site! You need to write a collective complaint to the district police officer so that he takes action against your neighbors. I hope that my consultation will be useful to you.