What to do if neighbors in a communal apartment occupy common areas

In my friend’s communal apartment, a neighbor was carrying washing powder.
Funny, but annoying. In our chemical laboratory, he asked for a substance that looked like washing powder, but in fact it was something like bleach. The neighbor once again washed it with this powder and had to throw the things away. I recently saw such a story on TV. Two ladies, bailiffs, divided the MOP centimeter by centimeter and drew chalk lines for the neighbor along which he had the right to walk. They said that if the conflicts did not subside, they would paint them with white paint. :046::015:oh, I would like these aunties)))

Basic rules for living in a communal apartment

To what extent does the premises comply with the requirements of the legislation of the Russian Federation;
How will safety for residents be ensured during the repair work;
What work is planned to be carried out and what are the costs of its implementation;
How will possible defects be eliminated?

Using television or radio equipment above the permissible noise level;
Using musical instruments (guitar, violin, etc.), singing songs, screaming;
Carrying out repair work on premises using loud-sounding tools and devices;
Use of pyrotechnics;
And other activities that contribute to noise pollution.

Rules for neighbors living in a communal apartment, rights and relationships

In principle, there are no legally formalized rules for cohabitation, that is, in fact, either residents have to negotiate on their own, or look for any provisions from the codes. The simplest option is, of course, to find a compromise. After all, it is much easier to come to an agreement than to call the police on each other, put up partitions or lock common areas. But compromise is not always possible.

We recommend reading: What Documents Are Required to Obtain a Tax Deduction for an Apartment

According to the civil code, everyone legally living in a given apartment has the right to use these places, but not a single law can clearly state how exactly they should be used. Theoretically, all these territories should be distributed on a shared basis, but in practice it becomes clear that occupying half a square meter in a toilet for 24 hours is not possible.

Common areas section

Good afternoon. I live in a communal apartment. The room is 18 sq.m. The room is privatized. 2 more rooms with an area of 11 and 14 sq.m. for social rent from neighbors. I wanted to know how common areas are divided in the kitchen, hallway, etc. The neighbors claim that they have 2 rooms, which means they take up more space. Although Art. 42 talks about division in the fractional part. That is, roughly speaking, our rights to these premises are in a 40/60 ratio. Please clarify this issue.

4. When transferring ownership of a room in a communal apartment, the share in the right of common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the right of common ownership of the specified common property of the previous owner of such a room.

Stumbling mop

Tatyana went to the district court last year. In the lawsuit, she stated that she lives in a three-room apartment and her neighbors - two men - systematically neglect their responsibilities for cleaning common areas. She washes and cleans these places (kitchen, bathroom, toilet, hallway) alone, buying household chemicals with her own money. The plaintiff asked the court to determine a schedule for cleaning the toilet in the apartment, to recover from the defendants compensation for her expenses for cleaning products, and also to pay for her cleaning services. According to her calculations, her neighbors owe her 220 rubles for each cleaning, and she has cleaned her apartment more than 200 times over the past four years. In total, the plaintiff demanded 46.875 thousand rubles from the defendants.

In December last year, the district court partially satisfied her demands. He approved a cleaning schedule for the neighbors - twice a week for each defendant and jointly and severally recovered from them 1,300 rubles for the cost of cleaning products (the plaintiff was able to present cash receipts only for that amount). As for paying for cleaning at 220 rubles at a time, the plaintiff’s request was denied.

Tatyana did not like the decision and appealed it. The appellate instance upheld the clause on the collection of 1,300 rubles, but canceled the schedule appointed by the district court due to the lack of specifics - who exactly should clean the notorious kitchen and on what days of the week.

— Remember “Voronya Slobodka” - the peak case of conflicts in a communal apartment? It’s gratifying that now neighbors are not being flogged, but are trying to resolve conflicts in a civilized manner in court,” lawyer Daniil Zuev comments on the situation. — According to the Housing Code, residents use common property in a communal apartment by agreement or through the court. And a tenant of a communal apartment must go to court with an awareness of not only his rights, but also the rights of his neighbors. It is a good idea to provide the court with evidence of agreements - a cleaning schedule, for example, with comments and signatures from neighbors; the court does not need unfounded statements “I have been cleaning the corridor for five years.” But even if the court satisfies the claims, one should keep in mind the complexity of the process of executing the court decision. What will “that same Tatyana” do if her neighbors don’t clean the toilet properly—call the local police officer, the sanitary doctors?.. In my experience, the “homegrown truth” is that it is best to try to come to an agreement with the neighbors without burdening the courts with cleaning processes plumbers.

And it’s hard to disagree with this. After all, sometimes people’s demands go “off scale.” So in Pervouralsk they are suing because a neighbor arranged the furniture in the common kitchen incorrectly. In Nizhny Tagil they demand “rent” from a neighbor whose room had a balcony. In Yekaterinburg, neighbors were suing over a kitchen sink that one of the parties had locked...

Neighbors in a communal apartment refuse to make repairs to common areas

Hello! In a communal apartment, I made unauthorized redevelopment in favor of my space. The neighbor wrote a statement refusing this UDF area. Accordingly, the calculation of utility bills has changed. Can I now obtain a new certificate of title due to these changes?

QUESTION: Good afternoon! My name is Dmitry. I live with my wife and children in a communal apartment. We have two more neighbors, some live, and others just rent out a room. We are not against renting out a room, but the question comes down to the following: very often something breaks and you have to buy it, for example a gas water heater, and the plumbing leaves much to be desired. We offer our neighbors to make repairs to common areas; we recently received an order from the Housing Office requiring the owners to make repairs to these places once every five years.

How to prohibit renting out a room in a communal apartment

evidence confirming the implementation of the mandatory pre-trial dispute resolution procedure, if such a procedure is provided for by federal law or agreement;

As for violations of your rights when tenants live, the actions are exactly the same as if your rights were violated by the neighbor herself while living in the apartment. But there is no need to talk about anything specific yet. Since it is not clear what this violation is expressed in.

The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.

power of attorney or other document certifying the authority of the plaintiff’s representative;

Renting out rooms in a communal apartment is possible only with the consent of the owners of all rooms. Thus, concluding a lease agreement without your consent will be illegal. If strangers stop by, try to call the police. As a rule, local police officers do not interfere in such matters. In this case, it is possible to evict the tenants through the court.

What to do if neighbors litter the common corridor

If peaceful negotiations have led nowhere, and the management company’s instructions are ignored, then filing a complaint against negligent neighbors can help. It is also advisable to attach a detailed photo report on the condition of the common corridor to the written appeal and indicate the period during which the neighbors are in no hurry to throw away construction waste.

Where to go if the management company refuses to do anything? The answer is very simple: you need to file a complaint with the housing inspectorate. Refusal to maintain common property in proper order, which is expressed in a lack of response to residents’ complaints, is a failure to fulfill duties, and this is a rather serious violation. A fine in the amount of 40 to 50 thousand rubles may be imposed on the management company or homeowners association.

Neighbors in a communal apartment refuse to make repairs to common areas

Hello! Neighbors in a communal apartment made repairs in the hallway, bathroom and toilet without my consent. The apartment is municipal. Now they are going to sue us so that we reimburse them half the cost of the repairs. The repairs are expensive and I don’t have the money to give them half, what should I do? this situation?

Hello. I live in a 5-room communal apartment, I occupy one room, sometimes I have to make repairs, small things like pipes, or install a water meter, one of the owners does not want to give back the money that I invested for it. Everything was repaired without her consent since she did not respond to SMS and calls. Is it possible to prohibit her from renting out a room? And what documents should I collect to sue her, or can the issue be resolved through pre-trial settlement?

When getting a pet in a communal apartment, do not forget to ask the neighbors

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Article. 08/10/2015 Print version

Official permission to purchase a pet is not required from neighbors in a communal apartment, but experts in the St. Petersburg real estate market still advise taking their opinion into account. To avoid unpleasant situations in the future, before getting a dog or cat, you should ask if your neighbor is allergic to animal fur.

According to the old housing code of the Russian Federation, in order to have a pet in a communal apartment, it was necessary to obtain the consent of the neighbors. This is not needed at this time. There is only a requirement that the dog not be in public areas. Nevertheless, conflict situations on this issue do occur in the Northern capital. So, according to Sergei V., a reader of the portal “Reasonable Real Estate”, the neighbors boycotted him and even called the local police officer because he got a puppy.

— I rent a room in a communal apartment in one of the houses on Sadovaya Street. A friend gave me a puppy for my birthday. I never thought such problems would arise. The very next day, neighbors started coming to me asking me to get rid of the dog. They don’t give me a reason why I should do this; they say they don’t like dogs. They declared a boycott on me, and two days later they called the local police officer,” Sergei complains.

According to the St. Petersburg prosecutor's office, in case of claims from the district police officer, it is necessary to clarify which legal norm obliges to obtain the consent of neighbors (with reference to the name of the law and its article).

General Director of the Partner Legal Center Pavel Kryukov confirmed that the legislation of the Russian Federation does not directly indicate the need to obtain the written consent of all neighbors in a communal apartment.

— You have every right to have a dog or cat without your neighbors’ permission. But in order to avoid unpleasant situations, such as the presence of medical contraindications among neighbors (allergies), it is advisable to obtain consent, the expert advises.

I agree with my colleague and lawyer, Chairman of the Committee on Legal Issues of the Association of Realtors of St. Petersburg and the Leningrad Region Sergei Slobodyanyuk.

“Permission is not needed, but the animal must be kept in the room if the neighbors do not agree to its placement in common areas,” he stated.

Smart Real Estate

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Rules for living in a communal apartment and the rights of owners

First of all, persons from among the owners or tenants of this apartment, who are recognized by law as low-income or in need of improving the quality of their housing conditions;
Secondly, persons whose area per family member does not meet accepted standards;
When there are no persons in the communal apartment who meet the above conditions, the housing is transferred to a citizen who needs living space and is on the waiting list.

Heating services are paid according to the available shares in the apartment;
Payment for water supply and gas is distributed among persons living in the apartment, based on their number, as well as guests staying in the premises for more than 30 days;
Payment for electricity occurs by calculating the power and number of devices located in each room;
As for maintenance and repair work, this item is paid taking into account the size of the actual premises and the size of the share per each owner.

Experts tell us whether it is possible to rent out a room in a communal apartment without the consent of neighbors

News

30.06.2020 12:55

Is it possible to rent out a room in a communal apartment without the consent of the owners of other rooms, say Dmitry Pavlychev and Larisa Amirova, experts from the GARANT Legal Consulting Service.

According to Part. 1, 2 tbsp. 30 of the Housing Code of the Russian Federation, the owner of a residential premises exercises the rights of ownership, use and disposal of residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by the Housing Code of the Russian Federation; he has the right to provide possession and (or) use of residential premises owned by him to a citizen on the basis of a lease agreement, a contract of gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds, taking into account the requirements, established by civil and housing legislation.

At the same time, the owner of the residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building (Part 4 of Art. 30 Housing Code of the Russian Federation).

From the above norms it follows that the legislator, having provided for the right of the owner of residential premises to transfer it for rent to citizens under a rental agreement, determined the possibility of exercising this right both by the need to respect the interests of neighbors and by the need to comply with the requirements of civil and housing legislation.

In accordance with Part 1 of Art. 41 of the Housing Code of the Russian Federation, the owners of rooms in a communal apartment own, by right of common shared ownership, the premises in this apartment used to service more than one room. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment is proportional to the size of the total area of the specified room (Part 1 of Article 42 of the Housing Code of the Russian Federation).

The provision by the owner of a room in a communal apartment under civil law contracts for the possession and use of it by other persons (for example, tenants) assumes that these persons will also use the common property in the communal apartment, and since this property is in common shared ownership, then to ensure balancing the interests of participants in shared ownership, the issue of the use of common property by room tenants must be agreed upon with other owners of residential premises in a communal apartment.

The procedure for using common property in a communal apartment is not regulated by the Housing Code of the Russian Federation, therefore, to these relations by analogy (Article 7 of the Housing Code of the Russian Federation), the norms of civil legislation on common shared property are applied, in particular Art. Art. 246 and 247 of the Civil Code of the Russian Federation, on the basis of which the disposal 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.

Thus, when providing a room located in a communal apartment for the possession and use of other persons, it is necessary to obtain the consent of the owners of other residential premises. Otherwise, other owners have the right to apply to the court for protection of their violated rights, including demands for the eviction of persons moved in in violation of the procedure provided for in the above provisions.

Prepared based on materials from the GARANT system.

Author: Politsib.ru

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