Neighbors rent an apartment without a contract, where can they complain?

Tenants in the neighborhood often ruin the lives of those around them - they make noise, do not follow the established rules, throw parties, and litter. But it’s not just the tenants’ neighbors who are experiencing inconvenience. This problem has a national scale - after all, often, tenants do not live in housing legally, and the owner himself does not transfer income tax to the budget. So, neighbors rent out an apartment and do not pay taxes - where to complain in such a situation, how to act and on what grounds it is possible to evict tenants.

Neighbors renting out an apartment: legislation

Relations between the tenant and the landlord are regulated by civil law, namely Chapters 34 and 35 of the Civil Code of the Russian Federation. Lease relationships are compensated, that is, one of the parties to the agreement receives income, which means that tax obligations arise. Personal income tax is provided for in Chapter 23 of the Tax Code of the Russian Federation.

Citizens who receive income from renting out housing, according to the law, are obliged annually by April 30 to submit a declaration in form 3-NDFL to the tax office, and then, by July 15, remit the tax for the previous year.

If the owner ignores these requirements, he may be subject to administrative liability. Penalties include two payments:

For failure to transfer tax payments (Article 122 of the Tax Code of the Russian Federation). The fine is up to 40% of the amount of unpaid tax.
For failure to submit a declaration (Article 119 of the Tax Code of the Russian Federation). The fine is 5% of the amount of unpaid tax for each month. In this case, the fine cannot be less than 1000 rubles.

If the requirements of tax legislation are repeatedly ignored by the owner, and the amount of debt to the Federal Tax Service amounts to more than 900 thousand rubles. in the last three years, the landlord may be subject to criminal liability. This is provided for in Art. 198 of the Criminal Code of the Russian Federation.

Where to complain if residents rent out an apartment and don’t pay taxes

» » Tenants in the neighborhood often ruin the lives of those around them - they make noise, do not follow the established rules, throw parties, and litter. But it’s not just the tenants’ neighbors who are experiencing inconvenience. This problem has a national scale - after all, often, tenants do not live in housing legally, and the owner himself does not transfer income tax to the budget.

So, neighbors rent out an apartment and do not pay taxes - where to complain in such a situation, how to act and on what grounds it is possible to evict tenants. Contents The relationship between the tenant and the landlord is regulated by civil law, namely Chapters 34 and 35 of the Civil Code of the Russian Federation. Lease relationships are compensated, that is, one of the parties to the agreement receives income, which means that tax obligations arise.

The personal income tax is provided for in Chapter 23 of the Tax Code of the Russian Federation. Citizens who receive income from renting out housing, according to the law, are obliged annually by April 30 to submit a declaration in form 3-NDFL to the tax office, and then, by July 15, remit the tax for previous year. If the owner ignores these requirements, he may be subject to administrative liability.

Penalties include two payments: For failure to transfer tax payments (Article 122 of the Tax Code of the Russian Federation).

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The fine is up to 40% of the amount of unpaid tax. For failure to submit a declaration (Article 119 of the Tax Code of the Russian Federation).

The fine is 5% of the amount of unpaid tax for each month.

In this case

A neighbor rents out an apartment and doesn’t pay taxes: where to complain about neighbors who rent out housing unofficially, illegally, and how to write a statement and complaint to the tax office if tenants rent apartments without an agreement, sample document

» » » Contents Today, many owners of residential apartments, in which they do not live permanently, rent them out and make a profit. As a rule, such business is carried out illegally, and in some cases causes inconvenience to neighbors.

In this regard, the question arises: how to prove that an apartment is being rented illegally and where should one turn if such a fact is discovered?

As a rule, it is quite difficult to understand whether a neighboring apartment is being rented legally or not. However, there are several ways:

The apartment is likely to be rented out without concluding an appropriate contract in the case when new residents move into it every day.
Most likely, there is no rental or rental agreement when foreign citizens occupy the apartment.

In other cases, it is almost impossible to detect the fact of illegal provision of residential premises.

The basis, if any, which the tax authorities will immediately respond to the complaint is the complaint of the tenant himself.

However, as we all understand perfectly well, it is often not beneficial for a person to complain about the person who provided him with an apartment for rent. On the other hand, if neighbors contact the authorized bodies, there will be grounds to conduct an inspection, the results of which will clearly answer the question of whether the housing is being rented out or not, as well as whether this letting is legal or contrary to the law. Another option for identifying illegal rental of residential premises is living in a migrants’ apartment.

Neighbors renting an apartment: where to complain?

The question of “where to complain” arises especially acutely when neighbors rent out an apartment by the day. The constant change of residents and their way of spending time often disturbs the neighbors. You can fight this, but we’ll tell you how.

How to prove that neighbors are renting out an apartment?

Proof of the existence of an illegal transaction for the tax inspectorate will only be the denunciation of the second party to the agreement, that is, the tenant. However, this is not in his interests.

Even in this case, denunciation is not enough. You will also need to provide receipts or bank statements confirming regular transfers of funds to the landlord. Now this is the only way to prove that an apartment is being rented illegally.

Neighbors, of course, can notify the authorities of their suspicions of illegal housing rental, but their suspicions cannot become the basis for holding the owner accountable. All that can be achieved is a visit from the tax inspector to the residents to find out.

There is one exception. If the residents in the neighboring apartment are illegal migrants, then a call to the FMS will be effective. Migration service employees will go to the specified address and deport illegal residents.

Where can I complain if my neighbors are renting out an apartment?

First, you should talk to the owner without involving the authorities. It may be possible to resolve the situation without entering into an open conflict. Of course, you can complain about your neighbors anonymously, but there is no guarantee that they will not identify the “informer” and then the relationship will be irrevocably damaged.

Where can I go? There are several options.

District police officer You can complain to him about noise, regular parties, swearing and other unpleasant things. The complaint can be made in writing.
Prosecutor's office. You should contact this body if the local police officer does not take any action. The application must also be submitted in writing.
Rospotrebnadzor. The authority should be connected if the neighbors do not maintain order in the common territory of the apartment building and in every possible way damage the common property.
FMS. The migration service should be connected if illegal immigrants live in the apartment. A call is enough.
Federal Tax Service. The tax inspector will deal with the issue upon call.
Sanitary and epidemiological station. Contacting this body is effective if the apartment is rented daily.

After making a written application to the authorities, be sure to make several copies. If there is no response, you must contact higher authorities. A copy will serve as confirmation of the initial application.

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The complaint is drawn up in free form. You can provide your details upon request. The application can be handwritten or printed.

Is it possible to evict tenants?

The easiest way is to evict illegal tenants. All it takes is one call to the FMS. However, this does not guarantee that the owner will not re-occupy the same tenants after some time.

Citizens of the Russian Federation can be evicted from rented living space only by a court decision. 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?

Repeated calls to the police, confirmed by copies of employee reports.
Contacting the SES. Confirmation will be a copy of the commission’s conclusion.
A collective complaint indicating violations from residents of an apartment building.
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.

Where to complain if neighbors rent out an apartment illegally

Contents 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 themselves:

“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. 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 a statement 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;

Is it possible to punish neighbors who illegally rent out an apartment?

Unfortunately, it is impossible to prohibit the owner from renting out housing. According to Art. 209 of the Civil Code of the Russian Federation, the owner has the right to dispose of the property belonging to him at his own discretion, if this does not violate the interests of other persons.

What is meant by violating the interests of others? This means that the owner can use, in this case, the apartment so that it is kept in proper sanitary condition, and nothing poses a threat to the life, health or property of neighbors (Articles 209, 293 of the Civil Code of the Russian Federation).

In addition to the penalty for failure to pay income tax, the owner is subject to a fine of 20% of the amount owed. In case of repeated violation, the fine amount is doubled. If the debt exceeds 1.5 million rubles, imprisonment for up to three years is possible.

If an illegal rental of a municipal apartment is discovered, the owner will face eviction and, accordingly, deprivation of the right to use the living space.

How to find out if neighbors are renting out an apartment illegally?

Renting out an apartment may be illegal for several reasons:

concealment from taxes (Article 199 of the Criminal Code of the Russian Federation);
disturbing the peace of surrounding residents (loud music, showdowns, drunken company, litter, etc. - Articles 6.3., 6.4., 20.1 of the Administrative Code).

For your information

Confirmation of the fact of illegal rental of an apartment can be: regular change of tenants, the arrival of several different people during the day, constant movements of migrants. The latter come to work, so they live in apartments in fairly large groups.

Some citizens, in order to earn a large income, even rent out apartments in accordance with the hourly schedule, that is, residential property essentially becomes a brothel. It is better to fight this phenomenon collectively. In this case, you can refer to noise, the regular arrival of suspicious people and the risk of various diseases.

Neighbors are renting out an apartment.

Where to complain in 2020

If measures are not taken in response to “pacify” the tenants, you can contact the tax office with an application to verify the legality of renting out the apartment.

Not all complaints from neighbors are accompanied by checks from law enforcement agencies, therefore, first it is worth preparing evidence that there is indeed a fact of violations by the tenants of the neighboring premises. If you have not found the answer to your question, then you can get an answer to your question by calling the numbers ⇓ Free legal advice Moscow, Moscow region call St. Petersburg, Leningrad region call From other regions of the Russian Federation call: +7 You will need to file a complaint with any authority submit in writing.

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

Full name, address and telephone number of the person making the application;
The name and address of the person to whom the complaint is intended;
Description of the main problem;
Date, signature of the compiler.
Evidence of an offense;

If the complaint is made by all neighbors as a collective one, then you will need to indicate all their telephone numbers.

Such a complaint is signed by all neighbors. Problems may also arise for those residents whose neighbors rent out their apartments by the day.

In addition to being a nuisance to neighbors, it is also a tax evasion violation.

When can you complain against a neighbor for illegally renting out an apartment?

The tax service will definitely not ignore the complaint if it is filed by the tenant himself. But, in practice, such situations are very rare.

The most serious problem for neighbors is the provision of an apartment for daily stay. What should the victims do?

Stock up on evidence of illegal housing rentals, for example, find several witnesses who are ready to confirm the arrival of new citizens, loud music, drunken festivities.
Submit an application or complaint to the appropriate structure.
Record tenant disputes in the entrance or on the landing (if any).

A statement (especially a collective one) from dissatisfied neighbors is the basis for an inspection, as a result of which it can be concluded about the presence/absence of the fact of delivery and the legality of the procedure.

Where to complain?

The choice of authority to complain about neighbors for illegally renting out an apartment is directly related to the essence of the problem:

The police can and should be called for every instance of rowdy behavior or other disturbance of the peace. Conducting explanatory conversations about immoral behavior, regular drinking of alcoholic beverages and illegal rental of housing is the responsibility of the district police officer.
You should write a complaint to Rospotrebnadzor if temporary visitors violate the sanitary regime: they litter the apartment and common areas.
It is advisable to submit an application to the migration service if your neighbors in the stairwell are citizens from friendly republics. A specialist must go to the site and check the legality of their presence and the availability of a document allowing them to temporarily stay in the territory of the Russian Federation.

Attention

If neighbors have evidence of illegal rental of housing, then a complaint can be filed against a specific citizen - the owner.

How to write a complaint that neighbors are renting out housing

There is no strict form of the document, but there are several necessary details:

Full name of the applicant, residential address;
the exact address of the property that is being rented out;
essence of the question;
evidence of illegal residence;
request for enforcement action against violators.

Proof that the room is being rented can be the noisy behavior of the residents or disruption of order in the house. A more compelling argument is the rental agreement and confirmation of the transfer of funds. But such documents remain only with temporary residents.

What can tax authorities do if there is no evidence of violation? They will review the complaint and call the property owner for a private conversation. Tax department employees have the right to summon unscrupulous taxpayers. This opportunity is provided by sub. 4 paragraphs 1 art. 31 Tax Code.

Inspectors will not be able to go to court without evidence. Unsubstantiated statements and denunciations are not accepted by the court. No documents on income means it is missing. A tenancy agreement does not prove that the owner of the property actually made a profit. If you write about renting an apartment, you can get on your neighbors’ nerves. Inspectors will simply threaten to go to court and persuade you to report your income. They have no real coercive measures without evidence.

If illegal rental housing occurs, citizens need to decide where to complain. You can notify the local police officer, the tax office, or the migration service. It is more difficult to prove the fact of violations if the tenants behave quietly and do not violate public order.

Renting an apartment can be inconvenient for others. This applies to noisy tenants, dysfunctional and antisocial individuals. In this case, big problems arise from neighboring daily rentals, when the flow of tenants is constantly changing. Illegal rental of an apartment by neighbors, especially when causing discomfort, must be agreed upon with all residents and the tax office, otherwise it will lead to complaints and administrative fines.

Where can I complain about the illegal rental of an apartment in Moscow?

Providing housing to third parties without proper registration is an illegal act. In the capital of our Motherland, renting out apartments is a very common and profitable business.

A neighbor or the tenant himself (for example, if there is a conflict situation) can submit an application to the tax authority (at the place of registration of the apartment owner). You can attach receipts for the transfer of money towards the monthly fee, receipts for the purchase and repair of various household items, bills for utility bills, etc. to the complaint. A citizen can personally come to the tax office and submit a package of documents or send papers by mail.

Moscow attracts everyone with good salaries and great opportunities. Among the guests of the capital you can often meet migrants from other countries. They prefer to settle in large groups (in order to save money), which often disturbs the peace and comfort of their neighbors. In such a situation, you should visit the Moscow Migration Service, which will find out the legality of the foreigners’ stay and the purpose of their arrival.

All cases of non-compliance with the daily routine and other disturbances should be reported to the local police officer or the police called.

Neighbors illegally rent out an apartment by the day - how to fight it?

Most apartment owners rent them out for a long term or daily without paying tax on the proceeds, and tenants can cause problems for other residents. This fact is an indicator for the struggle for a quiet life and a basis for filing a complaint against the owner. To achieve a quick solution to illegal rentals and noisy tenants, you need to contact the official authorities - the tax office.

Before contacting the Federal Tax Service, citizens who have discovered violations should collect evidence of this fact:

proof of daily rental of an apartment by neighbors (photo and video materials);
recorded fact of transfer of money by the employer and owner;
recording a conversation with the owner about renting an apartment, the absence of a lease agreement, asking about the cost and conditions of rent;
no tax deductions.

REFERENCE – if possible, you can install CCTV cameras in front of the offender’s apartment.

If there is no evidence of illegal rental of real estate, it is necessary to inform the local district police officer or tax inspector. After considering the application for violation, these authorities appoint and conduct an inspection to identify violations on the part of the tenant.

The Housing Code of the Russian Federation regulates the right of citizens to peaceful living; if this right is violated, for example, by noisy neighbors and rowdies, citizens have the right to write a complaint to the appropriate authorities and call the police.

If tenants are noisy and disorderly, this may serve as grounds for eviction.

The solutions to this problem are the following:

Peaceful settlement - a conversation with the owner of the apartment about replacing landlords or terminating rental housing activities. Talk to the tenants themselves; if they are reasonable people and understand the level of noise insulation, then they can stop disturbing others.
To the building management company or HOA. The organization is interested in maintaining order in the house, as this is required by the housing complex.
Calling a local police officer is the right of citizens to maintain their health and safety. An authorized person will come to the apartment of the violent tenants to sort things out. You can write a statement to the district police officer about the systematic violation of the rights of third parties, or call him directly if there is increased noise in the apartment at a time when silence should be maintained.
Appealing to the tax office and the court will allow neighbors to stop renting out their apartment to antisocial elements.

If a violation of rights in accordance with the Housing Code is proven, the owner will face administrative punishment.

ATTENTION - if the tenants are migrants, then just call the Migration Service, which will solve all problems with them.

How to prove and what evidence is needed?

The tax specialist who came out to check the complaint seeks to discover an agreement on the provision of square meters to a third party and prove that the relationship has a material basis. If it is not the tenant himself who has the document who comes with the complaint, then it will be very difficult to achieve the desired result. You can act independently or involve a local police officer. Representatives of the law usually act in the following way: pay a visit, collect information about a potential employer through their “sources,” etc. After establishing the fact that strangers are in the apartment, the tax office begins to collect evidence indicating that the relationship is remunerative, that is, it finds out how much profit the landlord receives. In accordance with clause 12, part 1, art. 31 of the Tax Code of the Russian Federation, the owner of the property and the tenant may be invited to give testimony. The lessor may also be a suspect if a criminal case has been opened against him (for example, Article 198 of the Criminal Code of the Russian Federation).

Art. 51 of the Constitution allows every citizen of the Russian Federation not to provide information confirming the illegality of his or her spouse or close relative.

There are other sources of evidence of illegal housing rentals:

the tax service, when conducting an audit of the institution, discovered that the manager partially or fully compensates some of his subordinates for renting housing, and the payment to the landlord is made by the employee himself, without withholding tax;
independent application by the employer (for example, after another unspecified increase in monthly rent).

For your information

The Migration Service can evict foreigners only on the grounds that they do not have the necessary documents and permits. This option is relevant if the living space is occupied by migrants, and the only goal of the neighbors is to move out the tenants.

How to report illegal rental of an apartment to the tax office

If neighbors rent out an apartment and do not pay taxes, the first place citizens complain to is the Federal Tax Service.

You can report to the tax office about the illegal rental of a neighboring apartment by telephone or by writing an official letter and submitting it in person or by mail.

A complaint to the tax office against neighbors renting out an apartment illegally is written in free form, indicating:

applicant data (full name, registration address, contacts for feedback);
full address of the living space that is leased;
information about illegal entrepreneurship;
evidence of violation of tax laws;
request for measures to be taken against tenants;
date and signature.

Sample application to the tax office (https://pravososeda.ru/dokumenty-pravovye)

If you simply write to the tax office that neighbors are illegally renting out an apartment without evidence, the maximum that employees can do is call the owner for a personal conversation, in accordance with clause 4 of part 1 of Art. 31 Tax Code of the Russian Federation.

It is impossible to go to court without evidence, because denunciations and unfounded accusations are not taken into account.

The Federal Tax Service is also an option where you can complain anonymously if you contact it by phone. A written complaint must be signed, but it is not necessary to introduce yourself when making a telephone call; an inspection of the living space will still take place.

Article on the topic: “How to make an anonymous call to the police: procedure”

Step-by-step instructions for illegally renting out an apartment

Tenants living in an apartment illegally often cause various inconveniences to their neighbors. If such a situation arises, you should first contact the chairman of the HOA or the management company. Here you can find out the contact information of the property owner and try to resolve the problem amicably. If this option does not give the desired result, then you need to visit the local police officer. The essence of the complaint can be different: rowdy, immoral behavior, loud music, etc.

If the above methods did not have the desired effect, then you can start writing complaints for illegal rental of an apartment to various structures:

If there are still controversial issues, you can also consult a free chat with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; ext.480 Free call for all of Russia.

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.

Possible consequences of illegally renting out an apartment

Renting out real estate is often aimed at generating additional income. Currently, scammers and swindlers who want to profit from an inexperienced landlord are very active.

The most popular types of scams are:

Re-letting of a rented apartment without the consent of the owner. The situation is very relevant if the owner has moved to another region and rarely comes to his hometown. An unscrupulous tenant simply provides housing to other people for the purpose of making a profit, but no one knows who they will turn out to be.
Criminal actions with real estate based on forged documents.

Attention

You can protect yourself from this type of tenant by signing a rental agreement containing personal information about the citizen, his place of permanent employment, etc.

It happens differently: the necessary papers are completed, terms and amounts are agreed upon, and the owner pays regular visits. It would seem that there shouldn’t be any difficulties... But no one is immune from property damage. Even if the apartment was rented unfurnished, windows, plumbing, chandeliers, etc. can be damaged. You can preserve your property with the help of insurance and a transfer and acceptance certificate drawn up when renting out your home.

You can come to an agreement with a responsible and conscientious tenant, but four-legged and feathered cohabitants are another pitfall of providing an apartment to third parties on a rental basis. You can try to protect yourself from such a problem by describing the restriction in the contract.

Failure to submit a declaration that includes the amount of income received from renting out housing may result in fines, penalties, and in some cases, criminal prosecution.

Punishment and fine

Types of liability for illegal provision of housing for rent:

Collection of unpaid taxes.
Penalty for late repayment (Article 75 of the Tax Code of the Russian Federation).
The fine for ignoring the requirement to prepare and submit a tax return (Article 119 of the Tax Code of the Russian Federation) is from 5% to 30%, but not less than 1 thousand rubles.
The fine for violating the deadlines for making tax payments (Article 122 of the Tax Code of the Russian Federation) varies from 20% to 40%, depending on whether the citizen did it intentionally or not.
Criminal prosecution if the unpaid amount exceeds 600 thousand rubles for 3 consecutive financial years. Art. 198 of the Criminal Code of the Russian Federation defines the following types of punishments: a fine of 100 to 300 thousand rubles or involvement in community service for up to 1 year or arrest for up to six months.

Non-payment of taxes and lack of registration allowing entrepreneurial activity, in some cases, may result in prosecution in accordance with Art. 177 of the Criminal Code of the Russian Federation and 116 of the Tax Code of the Russian Federation.

Nuances

Obtaining additional profit from renting out housing without any obstacles requires taking into account and observing the following subtleties:

if the real estate is subject to shared ownership, then it can be provided to third parties as part of a lease only after receiving written consent certified by a notary;
In order to protect yourself from various risks and avoid any type of liability, the lessor must draw up an agreement and register it with Rosreestr in accordance with Art. 651 Civil Code of the Russian Federation;
fill out and submit an income declaration to the tax office, pay taxes on time and live in peace.

In order to hide income from the illegal rental of an apartment, the owner of the property can stipulate in the contract that the rental relationship is gratuitous, but the possible inappropriate behavior of the tenant will become his personal difficulty.

If the neighboring apartment is rented out, this can be a serious problem for the other residents. There are often cases when tenants interfere with rest and make noise at inappropriate times, disrupt public order and do not maintain cleanliness.

It is often useless to fight such neighbors, calling on them to maintain order, so there is only one option left - to complain about the owner who rents out this apartment for daily rent. Where to send a complaint? Is it possible to prohibit a property owner from renting?

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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.

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.

How to prove the fact of illegal housing rental

The evidence base regarding the fact of illegal housing rental may differ depending on who is filing the complaint. If these are tenants who were “annoyed” by the owner of the apartment in some way (for example, he evicted them early or did not return the deposit), then they can present the lease agreement signed with them and the receipts received for the rent received or bank account statements. But usually, tenants are not interested in complaining to the owner.

Neighbors can file a collective complaint and indicate that strangers or people of a different nationality constantly appear in the specified apartment. Witness testimony is also evidence.

When contacting the district police officer, you can simply present your arguments without additional evidence. In this case, he will have to check for himself whether there is an illegal surrender.

Video and audio materials may serve as evidence , which will confirm that new people regularly come to the apartment. If residents are making noise, then you should regularly call the police: the drawn up protocols can become a powerful argument.

Is it possible to evict?

In order for the appeal to be effective and for the authorities to quickly respond to the application, you need to know where to file a complaint and in what form.

Where to complain?

There are many authorities where you can file a complaint about illegal rental of real estate. The choice of one or another organ depends on the circumstances. The first thing you need to do is try to come to an agreement with the owner of the apartment. If the tenants are making noise and disturbing the order, it is better to first inform the owner.

In order for the conversation with the owner to yield results, you can hint to him that if he does not act, information about the illegal rental of an apartment or noisy neighbors will go to the authorities. If the owner is interested in further renting out the apartment, then he will resolve the issue with the tenants himself (we discussed in a separate article how the owner can evict tenants who behave dishonestly or do not pay rent).

The dialogue with the landlord did not bring a positive result? Then you need to contact the authorities. Where can I report the surrender :

To the building management company or HOA. The organization is interested in maintaining order in the house, as this is required by the Housing Code. The management company or homeowners association must provide the address of the problem apartment and information about the owner.
To the district police officer. A law enforcement officer will be required to listen to the complaint and accept the application, and then conduct an inspection and, if the fact of illegal rental of housing or illegal migrants living in it is revealed, the district police officer will send information about the tenants to the tax or migration service.
To the prosecutor's office. It makes sense to contact this authority only if other authorities are inactive.

Basic moments

Citizens must pay taxes on the income they receive. The owner of the apartment is required to pay 13% of the rent of his living space. But it is not profitable for citizens to share part of the profit, so they hide their income.

Important! According to the rules established by Art. 30 of the Tax Code of the Russian Federation, the owner of the apartment is obliged to report on his income and submit a declaration before April 30 of the current year. The declaration indicates how much profit was received during the year from rental housing.

Few apartment owners submit a declaration to the tax office, preferring to hide their income.

Problems will arise if rented tenants behave noisily and violate the rules of conduct in an apartment building. When neighbors illegally rent out an apartment, other citizens have a question about where to turn.

To begin with, you can send a complaint to the local police officer. He is obliged to check whether the tenants live legally.

Homeowners will be punished for breaking the law.

When housing is occupied by foreigners, it makes sense to send the application to the employees of the Main Department of Internal Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service).

Foreigners face expulsion for violating immigration laws. If your neighbors are renting out an apartment illegally, then you need to tell the tax inspectors about it. If the fact of illegal business activity is confirmed, the owner will be fined.

Possible reasons for residents' requests

Settlement of migrants

Where to go if migrants have settled illegally in your neighborhood? An effective way to evict such tenants from a rental apartment is to complain to the migration service (GUVM MIA). There are three ways to submit your application:

Call the hotline.
Personally submit a written complaint to the territorial department.
Send an application through the website of the Ministry of Internal Affairs of the Russian Federation by going to the “Receiving Applications” section.

The most reliable way is to submit a written application in person . In this case, the applicant can expect to receive a response to his appeal.

Housing for daily rent

Frequently changing tenants create even more problems for owners living on the same landing. If the apartment is rented daily, then this premises is equivalent to a mini-hotel or hostel.

According to the law, a premises used as a hotel must be on the ground floor, have a separate entrance and have non-residential status. This is stated in Art. 288 Civil Code of the Russian Federation. If, in order to legally rent out an apartment on a daily basis, the latter does not comply with construction, environmental and sanitary standards applicable to hotel-type premises, then where to complain in such cases? To the SES or the prosecutor's office.

Article 288 of the Civil Code of the Russian Federation. Ownership of residential premises

The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose.
Residential premises are intended for the residence of citizens. A citizen who owns a residential property can use it for personal residence and for the residence of his family members.

Residential premises can be rented out by their owners for living on the basis of an agreement.

The placement of industrial production in residential buildings is not permitted. The placement by the owner of enterprises, institutions, and organizations in the residential premises he owns is permitted only after the transfer of such premises to non-residential premises. The transfer of premises from residential to non-residential is carried out in the manner determined by housing legislation.

The landlord does not pay taxes

Illegal rental of housing is prosecuted by law. According to Article 208 of the Tax Code of the Russian Federation, rental income is subject to taxes. Most owners are not afraid of the authorities and avoid paying mandatory payments. You can complain about the violating owner to the tax service. You can submit an application on the website in the “Electronic Services” section. If you contact the authority in person, you must make a written application. What you need to indicate:

In the header of the application is the address and name of the territorial Federal Tax Service.
Your personal data (optional).
The main part of the document indicates the essence of handling data about the owner and address of the apartment.
Request to conduct an investigation into the violator.
Date and signature.

Noisy tenants

Who can you complain to in order to get rid of noisy guests disturbing public peace? The first authority is the local police officer or the police. If there is systematic noise, shouting or drinking of alcohol in the apartment, then the authorities are obliged to take action. The owner will be notified of the problem, which may ultimately lead to the termination of the tenancy agreement with him and the noisy tenant. If illegal migrants live in the living space, law enforcement agencies will notify the migration service.

How to write a complaint against tenants and evict troublemakers? First you need to talk to the owner of the apartment. The owner has no need for proceedings with the authorities, so he himself can terminate the contract with the tenant through the court, if the rental of housing was legal. If the owner does not respond to the comments of the other owners of the premises, then they can sue him , providing evidence of systematic violation of order and silence:

copies of law enforcement reports;

copies of complaints filed with various authorities and responses to them;

testimony of residents, etc.

Along with the evidence, a statement of claim is submitted to the court, which indicates the details of the property owner, the essence of the problem, the facts and a request to take action.

What to do if neighbors rent out an apartment by the day

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.

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.

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. 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.

appeal to the district police officer in writing with a description of the violations, supported by documents if possible;
supervisory authority, that is, the prosecutor's office, if the police officer does not take action and ignores the requests of the neighbors of the problem apartment;
an application to Rospotrebnadzor, the tax or migration service in writing or by calling a hotline.

Call the hotline.
Personally submit a written complaint to the territorial department.
Submit an application through the Ministry of Internal Affairs website. RF by going to the “Receiving Applications” section.