What will change with daily rentals for homeowners?
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Renting housing daily will become more difficult. To do this, the owner is now obliged to install all meters (metering devices) and ensure that neighbors do not experience inconvenience. The State Duma adopted the bill in the third reading, among other things, giving residents the right to go to court with complaints. Now, for example, not only the tenant, but also the owner of the property will be responsible for noise. What compensation can you expect in this case? And how will this work in practice? Aelita Kurmukova found out.
Russians earned 213 billion rubles from daily apartment rentals in 2023 alone. This amount was announced in the media by Nikita Chaplin, a member of the Budget and Taxes Committee, adding that this money “is often received to the detriment of neighbors.” And, according to him, it would be necessary to restore order in this area.
What is changing now for landlords was explained to Kommersant FM by Svetlana Razvorotneva, Deputy Chairman of the State Duma Committee on Construction and Housing and Public Utilities: “Apartments can be rented out provided that the rights of neighbors, the rules for the use of residential premises and the maintenance of common property are respected.
The law now includes a provision that, in the event of a violation, neighbors can go to court and demand compensation from the owner for the damage caused. But here the court will decide to what extent certain actions that are recorded there – noise, smoking, damage to common property – violate the rights of residents.”
The law does not specify how all this should be regulated, adds Ms. Razvorotneva, but does not rule out that the Ministry of Construction will soon make changes to the rules for the use of residential premises. And then some restrictions may appear. But to go to court and complain about landlords, neighbors need to have good reasons. At the same time, it is extremely difficult to record violations, noted Konstantin Krokhin, a member of the Housing and Communal Services Committee of the Russian Chamber of Commerce and Industry:
“For example, the police do not have sound level meters. Even if you call the police, how will they measure the noise level? Where are such devices? In Rospotrebnadzor. When will his employee come to you? In a week, or maybe in a month. Why? Because there is only one person in the department.
Give management organizations the right to record violations of the law on smoking tobacco, walking dogs in the wrong place and noise levels. We will buy these devices, record everything, give a certificate, and the person will go to court with it to prove his position. But they don’t give this either.”
If the homeowner does not respond, and the tenants continue to make noise at night or damage common property, neighbors most often call the local police. But management companies also accept such complaints. If it comes to court, they can provide audio recordings of neighbors’ complaints. The new law makes it possible to count on compensation for moral damage, Olga Oberemchuk, managing partner of the Lex Argument legal center, does not exclude:
“Both the management organization and neighbors can use these methods to try to blackmail those who make profit from renting out housing. Administrative responsibility, for example, for violating the law on silence, should lie not with the owner, but with the one who violated it. The main trend of the new law is to simplify the evidentiary procedure. But in the end, essentially, unfounded complaints will be filed, including statements of claim in court, and a certain type of compensation for moral damage for some inconvenience will be implied.”
In this case, you can count on a maximum of 30 thousand rubles. Courts usually award such compensation for moral damage for violation of the law on silence, or when the apartment is flooded by neighbors, lawyers interviewed by Kommersant FM explain. They also do not rule out that management companies may also take advantage of the new law. Why not blame the chipping of tiles, for example, or the damage to stair railings on those who rent apartments by the day?
Everything is clear with us – Telegram channel “Kommersant FM”.
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