Can I rent out a room in a communal apartment without the consent of my neighbors?
But there was also an alternative position on this issue.
Landlords of rented rooms argued that permission or any consent from neighbors for a stranger to move into their room is not required from neighbors in a communal apartment. In support of their position, they referred to Articles 41 and 42 of the Housing Code of the Russian Federation, which established the principle that the share in the ownership of common property in a communal apartment follows the fate of the ownership of the rented room. Therefore, it is quite possible to rent out a room in a communal apartment without the consent of the neighbors, and the new tenants should have the same rights in the communal apartment as they do themselves. Naturally, the Supreme Court of the Russian Federation could not leave this problem unnoticed.
According to the legal position of the Supreme Court, the owner of a room in a communal apartment has the right to rent out his living space without the consent of his neighbors. At the same time, the Determination of the Judicial Collegium for Civil Cases dated September 24, 2013 N 5-КГ13-101 states that the procedure for the use by tenants of a room in a communal apartment of the common property of this apartment must be agreed upon with other owners of residential premises. To legal relations regarding the procedure for the use by tenants of a room in a communal apartment of the common property of this apartment, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation applied the legal norms of Articles 246 and 247 of the Civil Code of the Russian Federation, according to which the ownership, use and disposal of property in shared ownership are carried out by agreement of all its participants, and if general agreement is not reached, in the manner established by the court.
Has a law been adopted in St. Petersburg on renting out rooms in communal apartments?
That is, theoretically, a citizen has part of a kitchen or bathroom, but this is not formalized. According to the prevailing practice in the country, a citizen uses a room whose area corresponds to his share in the right of common property, the explanatory note says. In accordance with the Civil Code of the Russian Federation, ownership and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached in the manner established by the court, it is stated in the accompanying documents to the bill.
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The possibility of carrying out such transactions led to the formation of a number of fraudulent schemes, in particular those related to the acquisition of several small shares in one premises for the purpose of the further survival of its real owners. In a word, the result of allowing the sale of microshares was numerous scams and deceptions of ordinary citizens. It is also assumed that registration of residents in an apartment cannot be carried out if each of them has a share in an amount that does not reach the threshold of the registration norm of the premises. That is, even if the share is purchased, its owner will not be able to live in the apartment, because the size of the purchased share is too small and does not meet the standards. The exception is the relatives of the owner of the apartment and, in general, family members of the spouse, parents, children, uncles, brothers, and so on. However, this point still remains in question. Details of the operation of general purpose areas must be established in as much detail as possible. This especially applies to corridors, kitchens, and bathrooms. It is important to agree on the payment procedure for the provision of utility services. It is especially recommended to discuss the times when it is permissible to receive guests or disturb the peace. Then in the future there will be fewer problems with tenants.
In St. Petersburg, renting out a room in a communal apartment will require the written consent of neighbors
The city parliament supported amendments to the Housing Code developed by deputy Alexei Makarov (United Russia). He proposes to supplement the law with a new requirement: in order to rent out premises (use to third parties), the consent of all owners of a communal apartment is required. Until now, it was only necessary to obtain written consent from neighbors when selling rooms.
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“An important consequence of this law may be that rooms will no longer be purchased for investment purposes. It’s no secret that now many people buy rooms in communal apartments specifically for rent, since the return on them is higher than on apartments,” said the author of the project.
Residents are against: is it possible to rent out a room in a communal apartment without the consent of neighbors
Of course, all of the above is a clear violation of the rights that the tenant receives by signing the lease agreement. Consider yourself very lucky if you find a lively married couple as tenants who will not only not allow their rights to be infringed in any way, but will also not let down particularly determined neighbors in the communal apartment.
The main thing is to write down the date of conclusion of the agreement, the details of both parties, the subject of the agreement (room, its area, address), the procedure for financial settlements and a complete inventory of the property.
- The rights and obligations of the parties in such an agreement will be exactly the same as when renting a regular one-room apartment. The only thing that should be written down as a separate clause is that in addition to the room, common areas are available for rent.
- In other conditions, it can be stated that the employer is obliged to comply with the duty schedule in these places, if there is one in the communal apartment.
Rent a room - without the consent of the neighbors
The Supreme Court of the Russian Federation confirmed in this ruling: the Moscow City Court, when considering the case at first instance, rightfully drew attention to the fact that in Part 5 of Art. 42 of the Housing Code of the Russian Federation for owners of rooms in a communal apartment, an exhaustive list of restrictions on property rights is established. And such a restriction of property rights as the consent of the owners of all living rooms in a communal apartment for the owner to move members of his family into his room is not provided for by law.
Therefore, if the city owner, when moving tenants into one of the rooms in a communal apartment under a social tenancy agreement, does not ask for any consent from the owners of other rooms in the communal apartment, the other owner of the room in the communal apartment should not receive such consent to conclude a rental agreement.
Are your neighbors against renting out your room?
Don't care!
The Housing Code of Russia states that common property or common areas of use in a communal apartment are in the common shared ownership of the owners of the rooms. Here, for example, is what Article 41 of the Housing Code says: “The owners of rooms in a communal apartment own, by right of common shared ownership, the premises in the apartment used to serve more than one room.”
It is on this basis that the conclusion is drawn that the tenant will use the common property.
Rules for renting out a room and share in an apartment under a lease agreement: is the consent of neighbors required?
Forms for drawing up the documents described above can be found on the Internet and printed on a printer in A4 format. The agreement and other papers can be printed on a computer or drawn up in handwritten form , but then they must be written in neat and easy-to-read handwriting in at least two copies.
Termination of the contract at the initiative of the landlord usually occurs due to non-compliance with the terms of the agreement by the tenant. The contract is terminated at the initiative of the tenant if the landlord violates the terms, or if the tenant decides to change his place of residence.
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As the author of the bill, St. Petersburg deputy Alexey Makarov, explained, the city parliament receives from 10 to 20 requests every month from residents of communal apartments who cannot find justice for their tenant neighbors. But it is impossible to influence landlords in any way: the owners of rooms in communal apartments have the right to rent out their housing to third parties without the consent of neighbors, and often, even without notifying all other residents of their plans.
“I intend to clarify this point by the second reading of the document. But legislative logic dictates that obtaining approval from neighbors should be a two-step process. Perhaps the neighbors will not be against renting out a room, but they will not like a particular tenant. And of course, consent must be in writing,” he noted.
Who has the right to privatization
In accordance with the social tenancy agreement, there is a specific tenant of the apartment who is responsible for making payments for utilities, maintaining the proper condition of the premises, etc.
It is he who has the right to engage in privatization, as well as his family members who are registered in the housing.
The law classifies the following categories of persons as family members:
- Relatives.
- Dependents who are recognized as incompetent and are fully supported by the employer.
- Other citizens by decision of a judicial authority.
Do I need to ask my neighbors' permission to rent out a room in a communal apartment?
If the property is not in common shared ownership, then there is no need to ask anyone for consent when determining the procedure for using this property. This is the owner's business. Those. The owner of the room has the right to independently decide whether to rent out the room or not. And the position of your roommates has absolutely no meaning in this matter.
Article 36 of the RF Housing Code: “1. The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one premises in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one premises, the land plot on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter referred to as the general property in an apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning activities.”
Renting a home: Questions and answers
Is it possible to rent out a privatized room in a communal apartment without the consent of the neighbors?
The owner, in accordance with Article 209 of the Civil Code of the Russian Federation, has the right to own, use and dispose of his property in accordance with the law:
"1. The owner has the rights to own, use and dispose of his property.
2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.”
Consequently, the owner of the room has the right, among other things, to rent out his room in a communal apartment. If, during the course of residence, the tenant infringes on the rights of neighbors in the apartment, then the neighbors have the right to put forward demands for the elimination of these violations, up to and including termination of the rental agreement with this tenant. Renting a room in itself does not constitute an infringement of the rights of neighbors in the apartment.
However, if your neighbors are categorically against it, the tenant of the room may have problems living in this apartment, and the owners of other rooms in the communal apartment may create unbearable living conditions for your tenants. Therefore, in any case, it is better to try to come to an agreement with your neighbors, and if this fails, then at least reduce the risk of adverse consequences for employers. In addition, following judicial practice, when moving in tenants, you need to take into account the following point: the number of tenants being moved in should not exceed the number of registered persons in a given apartment.
Is it possible to rent out an apartment in a new building if the ownership of the apartment has not yet been registered?
In order to rent or lease an apartment, you must first register ownership of the apartment.
I want to rent out a room in a two-room communal apartment. Tell me whether the consent of neighbors is required to register a temporary registration of a tenant in the presence of a tenancy agreement. My room is privatized.
If you are the sole owner of a residential premises, then you do not need to obtain the consent of your neighbors to register your tenant.
But do not forget that your tenants will use common areas in the residential premises, therefore, in order to avoid conflicts, you must agree in advance with your neighbors about the accommodation of your tenants.
Does the lease agreement need to be notarized?
In accordance with current legislation, a rental agreement (sublease, lease) can be concluded in simple written form.
Notarization is possible by agreement of the parties to the contract.
I own ½ share in a two-room apartment. Can I rent it out?
The disposal of property in shared ownership is carried out by agreement of all co-owners.
Accordingly, you have the right to rent out your 1/2 share in the apartment, but only with the consent of all co-owners.
In what cases does the landlord receive a deposit? In some cases it is not returned.
When renting out an apartment, it is advisable to provide in the agreement that the owner of the apartment receives a security deposit from the tenant. As a rule, this amount is the monthly rent for an apartment.
These funds are a guarantee of the safety of the apartment and the property in it during the term of the rental agreement, as well as a guarantor of payment by the tenant for electricity bills, an invoice for long-distance calls and other services that the tenant must pay in accordance with the agreement.
At the end of the rental agreement, the security deposit is returned to the tenant, provided that the apartment is transferred without any obvious damage, without arrears in payments paid by the tenant.
Is a rental agreement concluded for six months subject to registration?
A residential lease agreement concluded for a period of less than a year is not subject to mandatory state registration.
Can the owner of an apartment rent it out without the consent of the person registered in this apartment?
To rent out an apartment owned by right of ownership, it is necessary to obtain the consent of the co-owners (if any), and it is also necessary to obtain the consent of all registered persons in this residential premises. Registered persons in a residential premises do not have the right to dispose of the residential premises, however, these persons have the right to reside in this residential premises.
What is the difference between a lease, lease and sublease agreement for residential premises?
A rental agreement is concluded if the apartment is owned by an individual or legal entity, and the apartment is rented by an individual; in the agreement they are designated as the lessor and the tenant.
A lease agreement is concluded only if the residential premises are rented by a legal entity. But the owner of a residential premises can be either a legal entity or an individual; in the contract they are designated as the tenant and the lessor.
A sublease agreement is concluded if the apartment is not privatized. In this case, the apartment is owned and used by an individual on the basis of a social tenancy agreement, and the apartment is rented by an individual. In the contract they are respectively designated as the tenant and subtenant.
The apartment has been privatized into equal ownership for two people. Can one of the owners rent out this apartment or separate room without the consent of the other owner?
To rent out an apartment that belongs by right of common joint or shared ownership, it is necessary to obtain the written consent of all co-owners (Article 1, Article 246 of the Civil Code of the Russian Federation).
In addition, it is necessary to obtain the consent of all registered persons in this residential premises. Registered persons in a residential premises do not have the right to dispose of the residential premises, however, these persons have the right to reside in this residential premises.
