Sample application to the tax office about illegal renting of an apartment by neighbors

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Published: 10/18/2018

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If an apartment is rented out, the owner of the apartment must regularly report to the Tax Inspectorate on income received, pay taxes, and residents must have official registration. If these rules are not followed, then the apartment owner is breaking the law.

• Responsibility for illegal rental of housing
• How to prove the fact of illegal housing rental
• Where to file a complaint
• How to file a complaint

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:

1. 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.
2. 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.

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.

1. District police officer You can complain to him about noise, regular parties, swearing and other unpleasant things. The complaint can be made in writing.
2. 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.
3. 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.
4. FMS. The migration service should be connected if illegal immigrants live in the apartment. A call is enough.
5. Federal Tax Service. The tax inspector will deal with the issue upon call.
6. 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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— simply call our legal consultant at:

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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?

1. Repeated calls to the police, confirmed by copies of employee reports.
2. Contacting the SES. Confirmation will be a copy of the commission’s conclusion.
3. A collective complaint indicating violations from residents of an apartment building.
4. 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.

They rent an apartment without a contract, where to complain about

• It is not forbidden to film a showdown between new residents taking place in the entrance hall and then complain based on this evidence.
• When there is enough evidence of the fact of renting out housing on a daily basis, you need to submit an application to the tax service.
• In addition, if clogging of common areas also occurs, then a statement should be made to the sanitary and epidemiological station with a request to take action.

In this case, the owner of the apartment will be shocked and, perhaps, the noise and commotion in the rented apartment will stop for some time.

If this fact repeats with renewed intensity, then you should think about turning to the judicial authorities.

It is not uncommon for owners to rent out living space to migrants for the purpose of profit.

Where to report violations?

Where to report illegal rental of real estate? Quite often, the illegal tenants are not a respectable elderly couple of an aristocratic appearance, but a noisy team of migrant workers , forcing the neighbors to forget peace and sleep.

Where can occupied citizens complain in such a situation?

If the owner of the property remains deaf to the pleas of his neighbors, then he should send his “feet” to the management company (HOA or housing cooperative).

The list of responsibilities of these organizations includes, among other things, ensuring control over order in the entrusted territory.

They rent an apartment without a contract, where to complain about the management company

The living space can be used for festive noisy events, for example. When a neighbor rents out an apartment to an unknown person and for a short time, those around him often suffer.

Who can they contact?

• If you know that a person does not pay taxes on profits from renting out his residential property, you can contact the tax office . But it will be useful to determine the amount that was paid for the rent.
• A complaint is also filed against neighbors who rent out housing to the district police officer; he can talk to the landlord and demand compliance with the standards for the use of living space.
• You can also snitch on an individual, the owner of a “daily apartment”, to the migration service if the housing is rented to foreigners.

They rent an apartment without an agreement where to complain about a doctor

Important

If it turns out that temporary residents do not have registration or their personal documents are not in order, then a signal will be given to the tax authorities and the Main Department of Migration of the Ministry of Internal Affairs (formerly the FMS).

• Main Department of Migration Affairs of the Ministry of Internal Affairs. Visitors from other countries cannot reside in the Russian Federation without registration. If they violated the law, government authorities can fine violators and expel them from the country.

You can contact the tax office hotline if your neighbors are breaking the law. Signals are being received from citizens in the fight against illegal rentals.

How the state fights gray rent

Currently, owners of rental apartments have two options:

• pay tax on profits received at a rate of 13%;
• buy a patent.

When expensive apartments are rented out, purchasing a patent is beneficial. The cost of an official permit is 60 thousand rubles. But buying a patent also has its advantages.

They rent an apartment without a contract, where to complain to the Russian Post

• Fill in the form. In it, enter the name of the department where the electronic complaint will be sent, and the personal data of the applicant.
• Make your claim detailed but concise.
• Attach documents supporting your application (if available).
• Provide your email address. When the claim is accepted for processing, the complainant will receive a message with the registration number and date to track the status of the complaint.
• Choose the most convenient way to receive an answer: electronically or by post.
• Enter the verification code and submit the application.

For reference : Citizens registered on the Federal Tax Service website can use the services of a personal account.

By phone

The tax service website contains a single telephone number at which citizens' requests are received.

Neighbors rent an apartment without a contract - where can I complain?

But if the agreement is concluded, the owner will be required to pay taxes on amounts received from tenants.

Therefore, for the sake of greater profit, many owners ignore the conclusion of a formal contract.

In the event of a complaint against tenants during unofficial rental housing, the owner of the apartment will bear responsibility for illegally obtaining benefits.

If there is information confirming that tenants are renting living space without concluding a rental agreement, you can complain directly to the owner who rents out the housing.

Owner's responsibility

If there is a proven fact of illegal rental of living space, the owner will be punished for the administrative offense committed.

The article tells where to complain about the illegal rental of housing and explains the nuances of the legislation.

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.

The inspector accepts the complaint and issues a certificate of registration of the application indicating a tracking number for processing the request.

Help: Regardless of the chosen method of contacting the service, Federal Tax Service employees are required to consider the complaint within 30 days and notify the applicant about the work carried out in writing.

How to apply?

A sample of filling out a complaint is provided on the website of the tax inspectorate or at the institution itself.

The header of the statement states:

• name of the authority to which the message is sent;
• Full name of the applying citizen, his TIN and passport details, address of residence, telephone number.

The word “statement” is written in the center of the A4 sheet.

Attention

Tax Code of the Russian Federation) 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.

Renting a home is a popular type of legal relationship that is beneficial to all parties to the transaction. The owner receives income from the property, and the tenant uses the premises. After concluding a rental agreement or renting an apartment, controversial issues may arise between the parties. Sometimes the situation ends in unlawful eviction from the apartment. Knowing how to complain about a landlord and where to go can help a tenant protect their interests.

What threatens the owner?

The punishment for concealing profits is:

1. Administrative responsibility . The owner is obliged to pay tax for the entire proven period of illegal rent, as well as penalties (Article 75 of the Tax Code of the Russian Federation) and a fine in the amount of 20 to 40% of the total income.
2. Criminal liability.

The parameters depend on many nuances, but on average for residential premises the sound level should not exceed :

• 45 dB at night;
• 55 dB – during the daytime.

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.

The procedure for filing a complaint when identifying illegal housing rental

The article tells where to complain about the illegal rental of housing and explains the nuances of the legislation.

The latter come to earn money, so they huddle 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.

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 sharing part of the profit is not profitable for citizens, 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 arise if rented residents 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 district police officer. He is obliged to check whether the tenants are living legally. Homeowners will be punished for violating 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 migration 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. It is difficult to prove that neighbors are renting out an apartment without a contract.

In response to claims from government agencies, the owners of the living space may say that relatives or friends have come to stay with them.

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?

1. 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.
2. Submit an application or complaint to the appropriate structure.
3. 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:

1. 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.
2. You should write a complaint to Rospotrebnadzor if temporary visitors violate the sanitary regime: they litter the apartment and common areas.
3. 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 prove guilt

It is difficult to prove that neighbors are renting out an apartment without an agreement.
In response to claims from government agencies, the owners of the living space may say that relatives or friends have come to stay with them. The district police officer must establish the fact of illegal residence, so you must first go to him. If the fact of violations is proven, then you can write a complaint to the Federal Tax Service. You can shake the nerves of the homeowner, but it is unlikely that you will be able to prove the fact of violations.

There are problems with proof as financial documents are rarely kept.

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.

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.

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.

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:

1. 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.
2. 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:

1. Collection of unpaid taxes.
2. Penalty for late repayment (Article 75 of the Tax Code of the Russian Federation).
3. 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.
4. 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.
5. 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.

What consequences does illegal rent have for the owner?

Not only neighbors, but also the tenants themselves can decide to complain. Apartment owners do not always part with temporary residents kindly. Often the relationship ends with the owner forcing the tenants to move out earlier than expected and not returning the deposit.

2 evidence of illegal rental of housing:

• rental agreement;
• receipts confirming that the owner of the apartment has received funds.

If the illegal rental of an apartment is proven, the owner of the living space will face negative consequences.

1. Fines. The tax office will oblige the owner to pay tax for the entire period of renting out the property, assess penalties, and issue a fine. Its size is 20% of the unpaid amount.
2. Increased fines for repeat violations. If repeated violations are detected, the amount of the penalty increases. The rule is established by Art. 122 of the Tax Code of the Russian Federation. They will be fined additionally for failure to submit a tax return on time. The collection will range from 5 to 30% of the amount of hidden tax.
3. Criminal liability. Large profits obtained illegally mean large fines for the offender. Responsibility is established by Art. 198 of the Criminal Code. The violator will be fined from 100 to 300 thousand rubles. Instead, a citizen who rents out housing may be arrested for 6 months or sent to correctional labor for up to one year.

Income from renting out expensive real estate can exceed 1.5 million rubles. Such actions are punishable by imprisonment for up to 3 years.

Square meters are rented out not only by owners, but by tenants of municipal housing. In this case, the consequences are more serious. Housing organizations can evict violators onto the street. They are not obliged to provide housing in return.

Systematic rental of housing is regarded as illegal business. Responsibility for such business is provided for in Art. 171 of the Criminal 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 complain to the tax office about an apartment landlord in 2020

» The apartment owner has the right to dispose of his residential property at his own discretion.

He can sell it, exchange it, leave it as an inheritance, or rent it out.

The main thing is that these actions do not go beyond the law and comply with the rules for the use of housing facilities.

Renting out housing is a common practice, thanks to which owners have a good monthly family income.

By law, the transaction must be formalized by an appropriate agreement.

But in most cases, there is illegal renting, when an apartment is rented without an agreement and payment of tax obligations.

Contents Residents of other apartments know that neighbors rent out their apartment to strangers for rent, but do not report this incident as long as the tenants behave quietly and do not interfere.

If noisy, sometimes inappropriate people settle nearby, violating the regime of silence, not maintaining order and cleanliness in the territory, there is immediately a desire to complain about the illegal rental of living space.

Someone is filing a complaint with the district police officer against the tenants.

But the violator is also the landlord who avoids paying taxes on his income. How to complain to the tax office about an apartment landlord?

What types of penalties are provided for those who enrich themselves through illegal rental of real estate and tax evasion?

Buying a residential property is always considered an excellent investment. After all, you don’t have to live in an apartment or house yourself - you can rent out living space and receive a good profit and financial support.

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 write an application to the tax office for neighbors who rent out an apartment

» Insurance Renting an apartment can bring discomfort to 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.

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:

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

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.

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.

How to deal with ugliness in apartments rented by the day?

When you buy a house or apartment, you try to choose the best option so that the price suits you, the quality suits you, and the neighbors are calm. The last condition is a very important component of a comfortable life for any person. After all, if there is constant noise and scandal behind the wall, no European-quality renovation is a joy. Unfortunately, it is impossible to foresee everything; anyone can become a hostage to unforeseen circumstances.

© Collage by Vladimir Kovalenko

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 it out rented two-room apartment for daily rent.

This is an interesting situation that has developed, but it is not what worries the residents. By and large, they don’t care who owns the living space, as long as their rights are not infringed. However, the loud noise and screams regularly coming from the ill-fated apartment greatly interfere with life, so much so that they forced people to contact the prosecutor’s office and the media...

Remember from Bulgakov in “The Master and Margarita”: “Apartment No. 50 has long enjoyed, if not a bad, then at least a strange reputation.” This two-room apartment now enjoys the same unflattering reputation.

After talking with neighbors (both pensioners and families with children live there), I learned that the guests change almost every day, usually coming in the evening and sometimes in whole groups. They slam the door at the entrance (an iron one, by the way), smoke, make noise, and then from the apartment you can often hear loud screams, obscene language, sounds of struggle, fights, claps, music and... lingering moans that accompany “romantic” dates.

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.

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 lawlessness of the tenants, 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...

Repeated calls to the police also did not lead to tangible results. Yes, law enforcement officers came several times to calm down particularly angry tenants, even drawing up reports against them for violating public order, but in general everything remained the same.

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, excuse the expression, did not make it to the toilet...

And that's not so bad. One of the neighbors of the “bad” apartment correctly noted:

– Nobody knows what is happening in this two-room apartment and for what purpose sometimes entire groups of people, including minors, gather there. Such apartments need to be constantly supervised, and we have never seen a local police officer here before.

It is not surprising that the people living in this entrance are ready to do anything to get rid of such a neighborhood. They wrote a collective statement to the prosecutor's office and the administration of the Blagodarnensky urban district. An answer came from the prosecutor's office that their appeal had been transferred... to the tax office.

The administration of the Blagodarnensky urban district promised to help and even invited the woman for a conversation, but she denies the fact of daily rent, insisting that the apartment is visited exclusively by her friends and relatives. In general, it is not easy to prove anything, and she faces a maximum fine, which will not change anything, since it will very soon pay off with income from the apartment business.

But the residents themselves do not intend to retreat and, if nothing changes, they are ready to go to court to protect their right to peace and security.

A similar situation arose in one of the entrances of house No. 7 on the square. Builders, where the same woman also rents out an apartment for daily rent, albeit her own. After talking with one of the neighbors, I became convinced that their situation was no better, the complaints were basically the same, as was the effect of appeals to various authorities, or rather, the lack thereof. So far, all they have managed to achieve is a small single fine. But now, having learned that they have a common problem, the residents of both houses decided to cooperate and together continue the fight for their peace...

Natalya Netkacheva

* * *

Commentary from the public safety department of Stavropolskaya Pravda

Alas, nothing will most likely come of the fighters for their own peace from Blagodenny...

But first, about what they have already accomplished. It didn't work out enough. Their complaint from the prosecutor's office of the Blagodarny district, as promised, was sent to the Budyonnovsk interdistrict tax inspectorate. There they checked everything, opened a case of administrative violation and punished a citizen engaged in a “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.

She didn’t even bother to find out how much the tenant of the apartment who was renting it out suffered. You can see for yourself that the fine is negligible. But he taught the woman: from an illegal entrepreneur she turned into a legal one. On March 23, she registered with the tax office, the district prosecutor’s office told the correspondent. The declared type of individual entrepreneur is the activity of providing places for short-term stay. So the neighbors, who were bothered by the “bad” apartment, only helped its owner get legalized with their complaints.

This is a whole business - renting an apartment on a long-term basis and renting it out on a daily basis. The Internet is full of recommendations on how to do this. And it’s also full of recommendations on how to deal with such “daily” businessmen; there are some who are very cheerful, but those who are prone to hooliganism, and there are some who are serious. One thing is clear: the fight must be consistent and in several directions; keep in mind, now you will be fighting a legal businesswoman. Which does not run a mini-hotel, the requirements there are much stricter, but simply rents out an apartment by the day.

In my opinion, you can report suspicious persons by telephone to the police department. Preferably at night. You can take photographs of smokers at the entrance and report by telephone to the police department and local police officer that the “mercenaries” have committed an administrative offense. If they don’t answer, then you need to appeal the actions of the police. To the same district prosecutor's office. Write another statement to the Ministry of Emergency Situations about violation of fire safety requirements. It is necessary to act comprehensively: one-sided complaints and statements only to the district police officer and the house manager will not give results. And don’t be afraid to be branded as scoundrels.

Natalya Netkacheva

Horror for rent / Newspaper “Stavropolskaya Pravda” / April 24, 2018

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:

1. Call the hotline.
2. Personally submit a written complaint to the territorial department.
3. 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

1. The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose.
2. 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:

1. In the header of the application is the address and name of the territorial Federal Tax Service.
2. Your personal data (optional).
3. The main part of the document indicates the essence of handling data about the owner and address of the apartment.
4. Request to conduct an investigation into the violator.
5. 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:

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.

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

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 the question: “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.

How to properly file a complaint and where to send it?

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 an application 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;
• if the apartment and common areas are maintained in unsanitary conditions, you should contact Rospotrebnadzor;
• if the tenants are not only rowdy, but also citizens of another state, then you can also inform the migration service.

But the very first action to restore order should be a serious conversation, both with the neighbors themselves and with the owner of the living space.

In cases of inaction on the part of the owner, you can write a statement to the tax service to verify the legality of the neighbor’s actions.

Law enforcement agencies, unfortunately, do not respond to all complaints with inspections. To ensure that there are as few such situations as possible, you should first prepare a database of facts to prove offenses on the part of the residents of the neighboring apartment.

A properly drafted complaint is the first step to winning a fair fight.

The application must indicate:

• where and to whom the application is intended;
• from whom, where do you live, contact phone number;
• in the text it is necessary to state the whole essence of the exciting problem;
• indicate that there is evidence of an offense;
• put the date and signature.

If the complaint is collective, then the signatures of all neighbors, indicating their contact numbers, must also be noted in the statement.

What to do if the apartment is rented by the owners on a daily basis

Big problems arise for residents of the house when the owners of neighboring residential premises allow tenants to stay for daily stays.

In this case, there is not only a violation of legislation in the field of tax concealment, but also massive inconvenience for permanent residents.

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.

The question arises: where to complain and what to do?

1. You need to make sure that the apartment is rented daily. This fact takes place if you constantly meet new people who enter the rental apartment without any problems or if you hear new voices behind the wall every time. The presence of new noisy companies every time.
2. During periods of rowdy behavior and disturbance of peace by loud noises, there is no need to hesitate to call the police. They must confirm their departure with a written document.
3. It is not forbidden to film a showdown between new residents taking place in the entrance hall and then complain based on this evidence.
4. When there is enough evidence of the fact of renting out housing on a daily basis, you need to submit an application to the tax service.
5. In addition, if clogging of common areas also occurs, then a statement should be made to the sanitary and epidemiological station with a request to take action.