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Прайм Лигал / Публикации в СМИ / Renting out rooms in a communal apartment: business and art relations
опубликовано:

Renting out rooms in a communal apartment: business and art relations

One of the most expensive rooms in Moscow is rented for 40 000 rubles per month. For the owner it is a source of income, for the tenant – the opportunity to live in the center and a stone’s throw from work. Well, if neighbors are loyally and positively about this apartment, and if not? What are the legal rights of the owner of the room and how can he prevent possible conflicts and problems?

Autumn prices and diversity

For a person who rented a room in a communal apartment in Moscow, and not an apartment, for example, in the Nearest Moscow Region, the place is more important than inconveniences, because money for something better is not enough. The sizes of a rent for today differ on the order, it is possible to allocate some ranges:

– from 5 to 10 thousand rubles. in a month you can find a bed in an apartment resembling an inexpensive hostel. In each room there will be several beds, more often in two levels. Bunk and the right to use the kitchen and bathroom – all that the tenant will receive along with the list of residence rules;

– from 10 to 15 thousand rubles – a room of small size (10-12 sq. m.) in remote areas, up to the territory of New Moscow, often with shortcomings, for example, lack of repair or restraints of residence (some rent a room inexpensively , but with the condition of exit of the tenant for the weekend). It is often possible to meet ads for the delivery of a room in an apartment, where the owners of the apartment will live in other rooms. On the one hand, problems with foreign and dissatisfied neighbors are being removed, but on the other – not every tenant can feel comfortable, being under the constant control of the owner of the apartment. Often the owner strictly restricts the number of people living, their gender, age and occupation. Sometimes the price is reduced if a peace agreement with neighbors has not been reached. The ads come across phrases: « neighbors are harmful! &Raquo ;, « neighbors are intractable &raquo ;;

– from 15 to 20 thousand rubles – the average price level, most offers fall precisely in this range. You can choose   option   in a good area or a small room in the center, for example,   11 sq. M. m   on clean ponds in a multi-room apartment. There are variants of communal apartments, where all the owners rent out their rooms, which is usually more convenient and comfortable for tenants, as all tenants find themselves on an equal footing and the problem of possible conflicts with dissatisfied neighbors disappears;

– from 20 to 30 thousand rubles – spacious   rooms   in sparsely populated apartments, in good condition, in   best   areas of the city, many offers in the center;

– from 30 to 40 thousand rubles   the best options   in the center,   large   the area of ​​rooms, sparsely populated quality apartments, excellent condition, unique in the architecture of the house (for example, the former home of the merchant Morozov or pre-revolutionary   mansion   with elevator ).

Is there currently a steady demand for renting rooms and who would prefer to rent it? room, and not a separate apartment in a remote area or near Moscow?   With this issue, we turned to   Roman Babichev, head of the rental department of the company « Housing Alphabet » :

–   On the room (especially on not expensive) there is a certain demand, it can not be called high, but it is just sustainable.

The rooms are mostly taken up by students (they are looking for accommodation mainly in the area where the place of study is located) or people who live in the Far suburbs (100-150 km from Moscow), but work in Moscow. To not go home every day, they rent a room. By the third   The categories of tenants are those who have just arrived in Moscow in search of work. They rent rooms in any areas, if only to be cheaper.

Naturally, all these people rent rooms only because they do not have enough finance, and the same students begin to cooperate in a year for 2-3 people to rent an apartment with more comfortable conditions. A little more expensive, but calmer and more pleasant

– What is the range of prices for rooms offered for rent?

–   The cheapest room costs 10,000 rubles. per month and is located on the street. Spring (Ochakovo district), the most expensive room – 40 000 rub. in a month, such proposals are two – one at m. « Kievskaya »,   ul. Rostov, and the second one at &Serpukhovskaya &raquo ;,   ul. Pinch.

Household diplomacy

Well, if the owner of the room is lucky and his neighbors – intelligent couple of pensioners and teacher of the conservatory. Over a cup of tea, he will report on the intention to turn in his room, promise to find a quiet and adequate tenant and receive unanimous approval. However, sometimes against the backdrop of years of litigation and conflicts within the apartment, it is not easy to negotiate and the owner is trying to find non-standard solutions so that his future tenant does not have problems. For example, he collects tenants and informs them about the decision to turn in his room, but he will listen to their advice on which of the candidates to choose: two young violin students or one woman – an employee of a pharmaceutical company (who really wants to rent his room). Perhaps, as a gesture, the good owner of the room will pay for the long-awaited renovation of the bathroom, hold the fiber-optic Internet with a cable distribution throughout the rooms or take on a slightly larger share in paying utility bills.

Often, you can find ads that show a good relationship, when the landlord shows attention and respect to his neighbors, given their wishes when looking for a tenant. For example, it is indicated that “the room is rented for a couple, in the other room neighbors are – young couple without children &raquo ;, welcome the tenant with pets or a person who loves animals, indicating that the neighbor has two dogs and a cat; or “a room for one woman is over 40 years old, in the next two rooms there are pensioners – intelligent indigenous Muscovites » sometimes even a decrease in rent is considered in exchange for helping elderly neighbors in the household.

– What problems with neighbors in the communal apartment arise usually when renting a room?

Roman Babichev: « Issue   basically one: the neighbors do not want   In the apartment there lived strangers and, accordingly, in every possible way prevent surrender. We had many cases when the newly-made tenant simply survived from the room, constantly complaining to the owner about the noise. Or neighbors could prohibit cooking after a certain time, made a schedule of visiting public places, hiding the things of the tenant, etc.

To avoid conflicts, it is necessary to agree in advance with neighbors on the living area. It is better to settle the issue peacefully, immediately stipulating the rules of cohabitation, agreeing on the cleaning of public places, etc.

Otherwise, you can threaten, of course, within the law and only in verbal form. &Nbsp; There was a real case when such a measure worked. A decent young man of Slavic appearance was tormented by neighbors on a communal apartment for a month (they wanted to live alone, without accommodation) until the owner of the room told him: either the tenant will continue to live here, or three eastern workers will live instead of him, so that his neighbors are not bored. />

After this conversation, the neighbors no longer carped at the tenant, stopped building intrigues, and then became friends &raquo ;.

What else could the owner of the room do?
Natalia Tamarina, leading expert of the company &la MIEL » : Natalia Tamarina: « Often neighbors are not happy that they will have another number of people in public places. By law, the owner of the room has the right to dispose of his property at his discretion. Prefer to give a small number of people – a married couple, students (near university), workers with no bad habits. Landlords will not have problems with neighbors, purely technical and moral, in the event that they have a good relationship. If there are none, then the complexity will have to be resolved periodically. To exclude the « complexities » and further consequences must be able to negotiate with all. The main thing in this transaction – this is its legality. Payment of taxes for income, annual report to the tax authorities &raquo ;.

Indeed, not always the landlord pays taxes on rental income, but often the neighbors notify the tax inspectorate about this, which once again reminds us of the need to observe laws and master the art of diplomacy.

Legal Rights

There are different opinions about the legitimate rights of the owner to do without the approval and consent of neighbors in the communal apartment to rent his room. In seeking answers, we turned to   Ilya Yurievich Ermakov, the lawyer of the law firm Jguard (Moscow).

– Ilya Yuryevich, do I need to receive the consent of the neighbors from the neighbors in the communal apartment for renting it?

–   Owners of rooms in the communal apartment have the right to provide their rooms for rent or hire without obtaining the consent of other owners or employers .

However, according to Part 1 of Art. 41 LCD RF owners of rooms in the communal apartment belongs to the right of common share ownership of the common property in the communal apartment. Based on the content of paragraph 1 of Art. 246, paragraph 1 of Art. 247 Civil Code, the owners of rooms in the communal apartment of the right to own and use common property in a communal apartment must carry out by agreement.
Since renting a room in a communal apartment by the owner of the apartment is rented or rented to others   assumes that these persons will also use common property in the communal apartment, the question of using this property by tenants / tenants of the room must be agreed with other owners of living quarters in the communal apartment. If agreement is not reached, then this order will be established by the court.

Thus, in order not to bring the case to trial, before renting out a room, the owner needs to reach agreements with other owners of rooms in the communal apartment on the procedure for using the common property of the apartment (kitchen, corridor, toilet and bathroom, pantry), in including the procedure for carrying out expenses for this property (payment of a general telephone, electricity, utility payments) in case the owners transfer the rooms belonging to them for use by other persons.

  – In what form can such an agreement be made?

–   There are no formal requirements for this agreement, the law does not impose – that is, it can be concluded in any convenient owner’s form – best in the form of a single document, signed by all the owners.

– And if the room is not privatized, it is necessary to receive the consent of the neighbors?

– The tenants of rooms in communal apartments provided under a social rental contract (non-privatized rooms) for transferring the room to a sublease must receive in writing the consent of the landlord (the owner of the room), as well as the tenants   and the owners of all other rooms and their family members living with them.

We also kindly agreed to answer our questions   Arik Gurshumovich Shabanov, the head of the ” managing partner of Prime legal LLC , Candidate of Legal Sciences:

– Arik Gurshumovich, whether it is necessary to receive the owner of the room the consent of the neighbors for renting it?

– If the room is privatized, the consent of the neighbors to letting out is not required (unless the room is in common shared ownership). The owner, according to Art. 209 Civil Code, has the right to own, use and dispose of his property in accordance with the law. &Nbsp; He owns the rights to own, use and dispose of his property. The owner has the right, at his own discretion, to perform any actions in relation to his property that do not contradict the law   and other legal acts and do not violate the rights and legally protected interests of other persons.

– Is it right to get the support of neighbors in advance in advance to avoid problems for the tenant (for example, for the fact that unfamiliar neighbors will use common premises to compensate for a larger share of payment for utility bills or take over the payment of the phone or some other steps to take) or simply to exercise their rights by law? How to behave properly to the landlord to safely rent out your room?

– Get help from neighbors in advance – not an extra step. However, to incur unnecessary costs – this is the will of the landlord. It seems that the decision on this issue should be made on an individual basis, based on the relationship that exists between the residents living in the apartment and the landlord.

– And if the room is not privatized, is the consent of the neighbors required?

– If the room is not privatized, it is necessary to take the written consent of the owner (representative of the municipality) and everyone who is registered in the apartment, because without the permission of the municipality, any registered in the apartment can prohibit the tenant from living in it.

  – How should this consent be formalized?

– Written consent is taken from each neighbor in an arbitrary form.
Elena Soifer, October 31, 2014

October 31, 2014  Material from the site realty.dmir. com

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