Quite often, disputes and disagreements arise between residents of a communal apartment. One of the reasons is renting a room. Neighbors are trying to ban tenants from entering. But is it legal?
In 2016, a bill was proposed, according to which the procedure for renting an apartment in a communal apartment could become more complicated. The main requirement was proposed - the presence of permission from the roommates who also live on the territory of the apartment.
An important nuance - owners are considered cohabitants who have the right to a share in an apartment. If people, who do not have such a right, express their vote against the surrender of the square, it does not matter. However, the bill was not supported, so nothing has changed in legal practice regarding the delivery of living space in a communal apartment.
Today, every citizen in the Russian Federation who wants to rent out housing to other people has the right to do so. An important condition is the ownership of the room. If we are talking about fractional or joint ownership, then written consent and permission is required from the persons with whom the ownership of the shares is registered.
Sometimes a neighbor or neighbor takes in a guest who settles in on a permanent or temporary basis. He is behaving inappropriately or in some other way interfering with the experience of other people. In this case, the tenants of the remaining rooms cannot prohibit the guest from staying in the territory of the adjacent room. This is the position of the legislator.
If a person or several persons turn on loud music at night, shout, swear, scandal, it is recommended to call the police. If there is a stable disagreement on the basis of inappropriate behavior of the tenants of the other room, you can sue.
What else can be done if the tenant has the right to live on the territory of the apartment, but he somehow interferes with the creation, provision and maintenance of normal conditions? Start by checking. Perhaps the person who owns the share in the apartment bought real estate on credit. If the loan agreement is not closed, any real estate transactions are considered illegal without the consent of the bank.
Banks rarely issue loans for a share in secondary housing, and if it is also rented out, this can cause some difficulties. The bank does not need the property to be damaged or to become a source of income without the consent of the lender. In this case, you should try to complain.
If this option is not suitable, it is suggested that you find out if the tenant is paying the money. Is there a contract between the owner of the room in the commune and the tenant? If not, you need to write a statement. Illegal residence is accompanied by non-payment of tax, therefore the situation is subject to control by the authorized bodies. You can contact the police, the tax office.
The problem often lies in the fact that the use of common things or furniture that is located on the territory of the apartment is carried out by strangers. In the hallway, you can put a large wardrobe, everyone will have access to it. Others can be named similarly to this example. So, appliances in the kitchen, dishes, etc. cannot be taken by strangers. There is practically nowhere to deal with such problems. Unfortunately, you cannot write a statement that the owners of one room have guesses that the owners of the other took and used something else. In this case, you have to negotiate.
You can resist neighbors like this: the procedure for using shared housing, that is, a corridor, furniture in the kitchen, bathroom, can only be those people who have ownership of one of the rooms. If these are tenants, then they have the legal right under a lease agreement to live in the territory of the room they rented. That is, literally speaking, they do not get to walk along the corridor of the legal right, as well as to use the shower. This issue has to be resolved through the courts.
You cannot threaten, expel someone on your own, or lock other residents in a communal apartment.
The right to be, to be, to remove can be determined by the judicial body, including the supreme one.
It is also worth recalling that the owner of the room can temporarily and without registration let other people into the territory of the apartment without the consent of the other owners and tenants.
