Is it possible and how to rent out a share in an apartment without the consent of the second owner, renting out a share in an apartment without the consent of the owners

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19.04.2022 | 08:00 6796

Conflict situations among shareholders occur quite often. At the same time, “colleagues in misfortune” - shared owners - do not skimp on sophisticated ways to drive their neighbor to the extreme. Let's figure out how to resolve contradictions without going to court and what can be done with shares, especially when they fall out of the blue.

How does shared ownership arise and why are there so many problems with it?

The lion's share of shares appeared in our country as a result of the privatization of housing. But you can also receive it as an inheritance, as a gift, or in the process of divorce.

In addition, some buyers are trying to save money and buy housing together with friends or close relatives.

Property can be transferred into the possession of the owners in equal shares, for example, in situations with the donation of an apartment: if there are several recipients, and parts are not distributed, everyone receives the right to housing equally.

In a greater or lesser percentage, real estate can be inherited or received when dividing areas according to a marriage contract. That is, co-owners receive 1/2, 1/3, 1/4 share of the property, etc.

Owners can also determine the size of shares by mutual agreement or in court. 

According to the law, the rights of share owners are limited, because there are many owners, and the shares themselves are not clearly designated. Even in cases where it is possible to allocate a room, a corridor, a kitchen and a bathroom are still considered common property. Therefore, the main problem for residents is to establish the procedure for using these premises.

Shareholders and their responsibilities

There can be any number of owners of shared real estate. It doesn’t matter whether they are individuals, or legal entities, or both at the same time. But they all must maintain order in the premises, eliminate technical faults and regularly pay utility bills, pay taxes, etc.

By the way, payment for housing and communal services occurs according to a single document. And quite often situations arise when one of the co-owners does not pay utility bills, and the debt is collected from all owners of the shared apartment.

And then thoughts arise about dividing the personal account. In principle, this is possible. The owner of the share needs to apply to the management company.

Finally, the most unpleasant “but”. Owners of shares are required to coordinate with other co-owners any action related to the disposal of property. Selling an apartment or registering a relative will one way or another require the consent of the residents.

Without the approval of the participants, it is impossible to even carry out repairs or install air conditioning. It is this lack of freedom that leads to numerous lawsuits.

In legal practice there are countless examples of conflict situations that could not be resolved peacefully.

Registration in an apartment in shared ownership

As mentioned above, in order to register a person in an apartment, the owner of the share must obtain the consent of all participants in the shared ownership.

When deciding to register a new tenant, the rights of citizens are equal regardless of the size of their share.

Not only the written consent of the owners will be required, but also personal presence when submitting documents for registration or notarized powers of attorney.

Only in two cases is it possible to register without the consent of the participants in shared ownership. The new owner of the share, as well as his minor children (under 14 years old), have the right to obtain registration without asking anyone. The child must be registered in an apartment with his parents or guardians, even despite the general dissatisfaction of the residents.

Sale

• Studio | 13 m2 | 1/5 floor
• 1 850 000 ₽
• Line 17., 18

Show number

Sale

1. Studio | 13 m2 | 1/5 floor
2. 1 890 000 ₽
3. Line 17., 18

Show number

How to sell your share

Important! Since 2015, transactions with shares require mandatory notarization

Co-owners of shared real estate have a pre-emptive right to purchase the part of the apartment being sold. Thus, the owner of the share is obliged to inform the co-owners of the intention to put his part up for sale, and also to make them a written offer to purchase, indicating in the document the terms of the transaction and the cost.

Purchase and sale of a share in an apartment: features of the transaction How to sell or buy a share in an apartment, what should be taken into account before proceeding >>If the pre-emptive right is violated, it can be restored in court. According to the law, to go to court, three months are allotted from the moment the violation became known. A statement of claim is also filed in cases where the owner deliberately inflated the cost of the share when notifying the co-owners, and offered a lower price to a third-party buyer.

To avoid problems in the future, the seller must have confirmation that the co-owners have been notified of the upcoming sale of the share. It is enough to get a receipt from them, send a notification via registered mail or use the services of a notary.

Notarization of a real estate transaction: from A to Z >>If within a month there is no response from the co-owners to the notification and they have not expressed a desire to purchase the share, the owner has the right to sell it to anyone.

There is a separate issue with the sale of the share of a minor. To formalize the transaction, written permission from the guardianship authorities will be required.

The parent or representative of the child must contact the local administration with an application, and also report to officials where and in what conditions the minor will live.

The issue of issuing permission to sell a share is resolved within 15 days from the date of filing the application.

Sell ​​the entire apartment

The benefit from selling the entire shared apartment at once is much higher than when selling it in parts. The owner loses up to 30% of possible profits, since it is difficult to find a buyer for the share. Such real estate may be of interest only to housing resellers, and they, as a rule, enter into transactions at a low price.

How much does a share in an apartment cost? Transactions with apartment shares have always been difficult and quite confusing. Last year, the rules of the game here were again >> It is in the interests of the share owner to convince the co-owners to sell the entire apartment. In most cases, the room is divided into parts between relatives, and it is unlikely that they will want to intersect with strangers in the kitchen or bathroom. Therefore, the option of a general sale, if necessary, would be the most convenient solution for all parties.   

“If the neighbors don’t want a new person or a whole family to move in, especially if no one has lived in the room for a long time, during viewings they put on shows simulating psychopathologies and alcoholism. Stories about bedbugs, mice and other unwanted “neighbors”. People’s imagination in these cases is limitless,” noted Lyudmila Ermolaeva, deputy director of the Advex – Primorskoye Agency company.

There really are enough disputes and conflicts in shared apartments. Relatives or simply neighbors can become bitter enemies due to joint ownership of property.

In such cases, it would probably be easier to sell the share to another co-owner. True, he is not always ready to pay.

In addition, it also happens that the owner of a small share has to give his share to the co-owner literally for next to nothing, just to solve a pressing housing issue.

By the way, there is a downside. According to Article 252 of the Civil Code of the Russian Federation, the owner of a small share may even be forced to sell it against his will. But this happens in cases where the share is insignificant and the owner does not live in the apartment.

Allocation of share in kind

It is worth explaining that rooms in communal apartments are also shares, but according to the Housing Code of the Russian Federation they are equal to separate housing. That is, the owner can register a relative or rent out the space without asking permission from neighbors.

The owner of a share in an ordinary apartment “without demand” only has the right to live in the premises himself, since he has only part of the common property. Each of the co-owners can visit him at any time and dispose of this property on an equal basis.

The share owner receives an isolated room only by court decision or by agreement with neighbors through a procedure for determining the order of use. At the same time, turning the apartment into a communal apartment and getting the room as a separate object will still not work.

“A room in a separate apartment has not been allocated as an independent object since 2005,” clarified Lyudmila Ermolaeva. – You can simply determine the right of use.

This right does not make the room a room; it is the share that remains in the property.

One of the ways to solve general share problems is to allocate a share in kind.

But in apartments (with rare exceptions) it is almost impossible to pull off such a mechanism, because each allocated part should end up with a separate kitchen, bathroom and entrance.

The footage is calculated in proportion to the share of the co-owner, and after the redevelopment the housing becomes completely autonomous. 

The allocation of a share in kind, in essence, is the termination of the right of common ownership, since as a result one premises is divided into two self-sufficient objects with different legal addresses.

When allocating a share, the question arises of how to delineate the boundaries. Sometimes the parties agree on this, for example, the spouses themselves determine who will get what share. In cases of conflict, the decision on shares is made by the court.

Despite all the attendant difficulties, allocating a share in kind has undoubted advantages. The owner receives the property for full personal disposal, and in order to sell, expand the area or make repairs, he will no longer need permission. And he will be able to sell the property on completely different terms.  

Igor Abolemov, General Director of the Doli.ru Academy of Sciences:

– It’s easy to buy a share, but now transactions with shares require mandatory notarization. At the same time, the seller of the share still has one problem - finding someone who agrees to purchase it.

The advice to all share owners has always been and remains the same: agree among themselves, sell the entire apartment and divide the money among all participants in the common property. The share in itself apart from the apartment is of little interest to anyone. It is not profitable to sell a share separately from the apartment. The price will be much lower than the market value.

In addition, even after the procedure for use has been determined, the share with accommodation in a room will still cost 30-40 percent less than a similar room in a communal apartment.

Recently, there have been more sellers of shares, because more debts for utilities are being collected from them. Microshares that are unsuitable for living do not generate income, which is why they began to be actively sold.

And they buy shares for the most part in order to register. This is how it has always been, nothing has changed.

Investors or professionals also buy, who in the future want to take possession of the entire apartment and make a profit.

– The main difficulty that share owners face is obtaining waivers from co-owners of the pre-emptive right to purchase. As a rule, this happens either because of tense relations between neighbors, or because they do not live in the apartment and there is no communication with them.

You have to contact a notary, waste time and money, send notifications that are often not received, and the terms of the transaction are very delayed. Sometimes, if buyers see that the notice was not received by the co-owners, they refuse the transaction.

Now there is no rush in the room market - it happens that you can buy a studio from a developer for the price of a room, which is what many buyers prefer to do. In terms of cost, in my opinion, when selling a separate room, the price will be reduced by 20 percent.

– If two neighbors want to buy a room for sale at once and neither of them has money, such hostilities begin in a separate apartment - it just becomes scary. The most unpleasant thing about this is that out of nowhere, previously normal people living together become their worst enemies, they interfere with the sale, and cannot buy it themselves.

Among the co-owners, and not only others, there are also those who like to sue. They have such a desire for entertainment, they cling to any opportunity to diversify their dull everyday life.

They don’t go to the post office to receive notification, they destroy postal invitations, wait until the transaction is completed, then file a statement that their rights have been violated and they have not received any notifications.

Once the trial ended after the judge asked, “Can you transfer the cost of the share to the court’s account today?”

Text: Evgenia Uzharinskaya Photo: pixabay.com   

Is it possible to rent out your share in an apartment without the consent of the other owner?

Hello. My aunt threatens to rent out her share. We have an apartment in equal shares, two rooms of 14 square meters each and a total of 20 square meters. Access to one of the rooms is through the common room in which the shares have not yet been determined by the court.

In this case, can she hand over her share without my consent? I live with my wife, my marriage is official, can she be against my wife’s residence? We pay for utilities for our aunt’s share and don’t put her into debt.

We only use one room and don’t share the kitchen, bathroom, toilet, and hallway.

Lawyers' answers (2)

It will be illegal. You have the right to challenge these actions and demand the eviction of the tenants, or better yet, not let them into the apartment, call the police.

Civil Code Article 246. Disposal of property in shared ownership

1. The disposal of property in shared ownership is carried out by agreement of all its participants.

2. A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in Article 250 of this Code during its alienation for compensation.

Sincerely! G.A. Kuraev

The only exception is provided for minor children: in all cases they are allowed to move into the place of residence of their parents without anyone’s consent, on the basis of Article 70 of the Housing Code of the Russian Federation and the norms of the Family Code of the Russian Federation.

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Is it possible to rent out an apartment without the consent of the second owner?

The owner of 1/2 share of an apartment, who does not need to live in it, wonders whether it can be rented out. There will be no problem if all apartment owners agree on this issue. They jointly enter into a rental agreement and rent out the entire apartment.

But what to do if the second owner of the apartment does not agree to rent it out. In this case, renting out the apartment will be illegal.

Under a rental agreement for residential premises, one party - the owner of the residential premises or a person authorized by him (the lessor) - undertakes to provide the other party (the tenant) with residential premises for a fee for possession and use for living in it (Part 1 of Article 671 of the Civil Code of the Russian Federation).

The disposal of property in shared ownership is carried out by agreement of all its participants (Article 246 of the Civil Code of the Russian Federation).

A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules of pre-emption provided for in Article 250 of the Civil Code of the Russian Federation during its alienation for compensation.

Possession 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 (Part 1 of Article 247 of the Civil Code of the Russian Federation).

• Within the meaning of the above norms, the content of the right of common property consists of traditional powers to own, use and dispose of property.
• However, since there are several owners, there is a need to achieve their consent and form a common will in the exercise of these powers.
• Therefore, ownership and use of property in shared ownership is carried out by agreement of all its participants; If agreement cannot be reached, then the procedure for possession and use is established by the court.
• If one of the owners disposes of his share in the right of ownership, providing part of the apartment for living for a fee to other citizens, while the consent of the second co-owner to transfer ownership and use of the said apartment was not received, a claim may be filed with the court for recognition of the rental agreement residential premises invalid (void).
• The rental agreement is recognized as invalid (void) and does not comply with the requirements of the law for the reason that an agreement was not reached between the co-owners on the issue of transferring the room for use to third parties and due to the fact that one of the owners of the apartment did not have the right to dispose of the shared property in his own way discretion.

Heavy share: what the co-owner of the apartment has the right to

After privatization in the 90s, many apartments ended up under the ownership of several owners. And this gave rise to many difficulties - a person seems to own property, but cannot freely dispose of it. Let's figure out what you can do with your share.

How can you become a share owner?

1. Following the results of privatization
2. During privatization, the right to own real estate was distributed among all family members who were registered in the apartment at that time.

3. If several people are indicated in the will (or when registering an inheritance) for an apartment, then each of them receives their share.

Ownership is recorded as a fraction - for example, 12, 13, etc.

Paper certificates of ownership are not currently used, and the document confirming ownership is an extract from the Unified State Register of Real Estate (USRN).

What can you do with your share?

1. Select your part

The owner of a share in an apartment has the right to own and dispose of it at his own discretion, regardless of its size. When the share is not allocated (that is, it is unclear which room belongs to whom), the owners themselves can agree who will own which territory. The kitchen, bathroom, toilet and corridor are usually shared.

In order for the owners to have the opportunity to use a specific area, an Agreement can be drawn up to determine the procedure for using the residential premises.

“If people cannot agree, then they go to court, and there they determine who gets which room,” says Elena Gabrielyan, a lawyer at the Moscow Chamber of Lawyers.

“In fact, after determining the order of use, the apartment becomes communal.”

2. Sell your share

The main difficulties for share owners may arise if one owner wants to sell his part of the property. According to the law, a person cannot sell his share without the consent of other apartment owners.

Therefore, you must first notify the other owner(s) in writing. “If you decide to sell your share, you first need to offer to buy out the share to the co-owner,” says Elena Gabrielyan.

“The law provides for the right of pre-emption.”

First, you should contact a notary and draw up a notice. It must indicate the price of the share and the payment procedure.

“After other participants in shared ownership receive a notification, they have the right, within 30 days, to either purchase a share from you at the specified price, or refuse to purchase,” says Marina Katyanina, head of the department for transaction support and registration actions at HEADS Consulting. “Silence in this case is regarded as consent to alienation to third parties.”

In case of alienation of a share in violation of these rules, the co-owner whose rights were violated has the right to file a lawsuit to transfer the rights of the buyers to himself. Then the previously concluded transaction is considered invalid.

Owners of other shares may obstruct the sale: agree to purchase the share, but do not take any action to purchase. There is a way out of this situation.

“It is necessary to notify the co-owner again, but in the notification itself clearly state the terms for making the advance payment, set the date of the transaction, the date when he must appear at the notary to sign the purchase and sale agreement,” advises Marina Katyanina.

“In this case, if the co-owner does not adhere to the deadlines, this means that he has refused to exercise his pre-emptive right to purchase.”

The sale of a shared apartment, like any other, is complicated if minor children are registered there. Guardianship and trusteeship authorities, when giving consent to the alienation of an apartment, must check into what conditions the child will be moved.

• If a child has a share in the apartment being sold, then other owners also notify his parents or guardians about the sale.
• By the way, if an adult can be registered in an apartment only with the consent of all owners, then a minor (if his parents are registered there) can be registered without their consent.
• 3. Rent out your share

You can rent out your allocated share of the apartment, but only with the consent of other owners. Moreover, the consent must be written, clarifies Elena Gabrielyan.

However, in fact, some people rent out their shares without such consent, although this is illegal. When this happens, no one can intervene except the court.

“If one of the owners complained about unauthorized tenants, the police will not be able to help; the tenants will only be able to protect their rights in court,” explains the lawyer.

How are the responsibilities of share owners divided?

The main responsibility of the co-owners of the apartment is payments for housing and communal services. Marina Katyanina from HEADS Consulting notes that owners can divide utility costs in proportion to the size of the share. “However, you should remember that separate receipts for payment do not make your space a communal apartment,” she warns. “You will have one personal account.”

True, now this issue can only be resolved in court. For each owner, a payment procedure for housing and communal services will be established in proportion to the shares in ownership.

If one of the owners does not pay for housing and communal services, the debtor owner will be the defendant in the debt collection case. “To avoid getting into a situation in which your electricity or water is turned off, it is better to pay the accumulated debt for another co-owner, and then go to court yourself with a claim to recover the expenses incurred from him,” advises Marina Katyanina.

How to rent out your share without the consent of other owners?

1. Is it possible to rent out your 1/3 share without the consent of the other owners?
2. 1/3 belongs to the husband and his parents, but we cannot live in this apartment, since my husband’s parents do not give consent to my living in the apartment.
3. We want to officially hand over this share, but my husband’s parents will not give their consent.
4. The share has not been allocated, but in terms of footage it more than covers one room out of three.
5. The husband's father is registered with the PND.

Lawyers' answers (1)

In accordance with Art. 246, 247 of the Civil Code of the Russian Federation, ownership, use and disposal of property in common shared ownership is carried out by agreement of all owners. That is, you cannot rent out part of the apartment without the consent of other owners. In addition, it is impossible in principle to rent out a share in ownership; you can only rent out some thing (including an apartment, a room), but not its share.

You have the right, in accordance with Part 2 of Art. 246 and art. 250 of the Civil Code of the Russian Federation to sell your share without the consent of other co-owners. At the same time, the remaining co-owners have a pre-emptive right to purchase this share.

This means that before you sell the share, you must offer them a month in advance to buy the share at the price at which you will sell it. They have the right to buy or refuse.

If they refuse (or don’t answer anything in a month), you can sell the share at the specified price.

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Rent out a share in an apartment

Question: Can the 1st owner rent out his share of the apartment without the consent of the 2nd owner of the apartment?

Good afternoon In accordance with Art. 608 of the Civil Code of the Russian Federation, the right to rent out an apartment belongs to its owner. According to paragraph 1 of Art.

246 of the Civil Code of the Russian Federation, the disposal of property in shared ownership is carried out by agreement of all its participants. Thus, the consent of all apartment owners is required.

How to rent out your share in an apartment?

11.07.2016 | Category: Useful tips

Cases when an apartment is in shared ownership are now not uncommon. Most often, such situations arise due to the transfer of an apartment by inheritance to several persons.

But there is also the acquisition of ownership of a separate room on the secondary housing market, as a result of which absolute strangers find themselves in the same apartment. And if a participant in shared ownership is already provided with housing, he seeks to rent out his part (a separate room).

But is this possible without the consent of other participants?

Thus, clause 3.1 of Decree No. 413 establishes that every citizen is obliged to register at the place of residence within the Republic of Belarus and, in the cases and in the manner provided for by the Regulations, is obliged or has the right to register at the place of residence within the Republic of Belarus.

That is, if a citizen rents an apartment under a lease agreement (otherwise it is impossible - only under a lease agreement!), he must be registered there.

By the way, the rental agreement for residential premises is indicated in the list of documents that are the basis for registration of citizens at the place of residence and place of stay (clause 4.2 of the Regulations).

Lack of registration entails administrative liability - according to Art. 23.

53 of the Code of the Republic of Belarus on Administrative Offenses, living without registration at the place of residence or place of stay in cases where registration at the place of stay is mandatory, entails a warning, and the same act committed repeatedly within one year after the imposition of an administrative penalty for the same violation , entails a fine in the amount of two to four basic units.

In turn, part 5 p.

7 of the Regulations establishes that registration of other citizens, except for the spouse, parents and children of a participant in common shared property, at the place of residence or place of stay in a residential premises belonging to this participant in common shared property, is carried out with the written consent of such participant in common shared property, other participants in common shared property property.

Let us also recall that, according to Art.

49 of the Housing Code of the Republic of Belarus (hereinafter referred to as the Housing Code), a rental agreement for residential premises is an agreement under which one party (the lessor) undertakes to provide, for a fee, the other party (the tenant) with residential premises for possession and use for living in it.

The landlord may be the owner of the residential premises. Only a citizen can be an employer. The subject of a residential rental agreement can be a residential building, an apartment, a living room (part of a living room in a dormitory). According to Art.

52 of the Housing Code, the rental agreement for residential premises is concluded in writing and is considered concluded from the date of its registration by the district, city, settlement, village executive committees, and the local district administration in the city. If this requirement is not met, the contract is void (clause 6, p. 52 of the Housing Code).

• A residential lease agreement cannot be concluded and registered in the prescribed manner without the consent of all participants in shared ownership.
• Based on the above standards, we draw the following conclusions:
• 1) if the apartment is in shared ownership (owned in shares by several persons), the tenant can be registered in this apartment at the place of residence or place of stay only with the consent of all participants in shared ownership. A residential lease agreement cannot be concluded and registered in the prescribed manner without the consent of all participants in shared ownership;

2) if one of the participants in shared ownership decided to rent out his part (share) of the apartment to someone without taking into account the opinions of other participants, and this means without concluding and registering a rental agreement for residential premises, other participants in shared ownership can complain both to the tax authorities and to the internal affairs bodies. The former will have to hold the participant in shared ownership accountable for illegally renting out an apartment (part of it). The latter are obliged to bring to justice the citizen (citizens) living (living) in an apartment without registration.

Thus, as we see, a participant in shared ownership cannot rent out his part of the apartment (a separate room) without the consent of the other participants. This approach is fully consistent with Art. 249 of the Civil Code of the Republic of Belarus, according to which the disposal of property in shared ownership is carried out by agreement of all its participants.

Source: gkx.by

Alexander GORBACH, lawyer

Consent of the second owner to rent out the apartment

Contacts Legal questions about renting apartments How can a tenant avoid an unexpected increase in rent or visits by the owner to the apartment in the absence of the landlord? How can an apartment owner regulate relations with tenants? We'll talk about the rights and responsibilities of the tenant and landlord further. According to the legislation of Ukraine, a private individual must enter into a rental agreement with the owner of the apartment, and a legal entity must enter into a rental agreement. Thus, a citizen cannot rent an apartment, and a legal entity cannot be a tenant. If a person has entered into a lease agreement, if a situation suddenly arises where it cannot be done without it, the court has the right to declare it invalid, and therefore cannot demand fulfillment of the terms of the agreement.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

• My neighbor is renting out a room in a communal apartment, I am against it. What to do?
• 2 apartment owners and room rental
• Apartment rental agreement: what to check with the owner
• Is it possible to rent out an apartment without the consent of the second owner?
• Consent of other owners
• Renting out a share in an apartment without the consent of the owners
• Is it possible to rent out a share in an apartment without the consent of other owners in 2018?
• Rent 1/2 apartment
• Renting a room without the consent of the second owner of the apartment.
• When renting out housing, personal income tax can be paid by one co-owner

WATCH THE VIDEO ON THE TOPIC: Selling a share in an apartment without the consent of other owners

My neighbor is renting out a room in a communal apartment, I am against it. What to do?

Lawyer Vasily Katynkin Ekaterinburg answers: It is necessary to find out the legal status of the rooms in this communal apartment. There are two options. The communal apartment is in shared ownership. In this case, the receipt for payment of utility services is usually general, unless the personal accounts are divided.

The rooms in a communal apartment are independent, each of them is issued a separate certificate of ownership. Receipts for utility bills are usually separate.

In the first case, the object is shared; accordingly, when moving in temporary or permanent residents, when providing registration at the place of residence, it is necessary to obtain the written consent of the second owner to move in.

Next, you can write a complaint to the second owner, in which you need to indicate that consent to move in was not received with a demand for eviction. If a negative response is received to the claim or the request is ignored, then you can file a claim in court demanding the eviction of the person.

• Of course, it is necessary to take into account a large number of factors: It is also necessary to take into account that the owner has the right to move his minor children into the residential premises without obtaining the consent of the other owners and residents.
• An expert in the management of apartment buildings, Dmitry Burnyashev Stavropol, answers: Today there is no law that would directly prohibit renting out a room in a communal apartment without the consent of other owners.
• This is precisely what many landlords take advantage of, who, in response to the indignation of their neighbors, can be baffled by the question: All owners of rooms in a communal apartment are the owners of common areas.

Owners also have the rights to own, use, and dispose of their property, in accordance with Art. And if the property is owned by several persons, then the disposal, possession and use of the property can only occur by agreement of all its participants, Art.

If the owner of a room rents it out to another person, then, on the one hand, he should not ask anyone for permission to rent out the room itself, but, on the other hand, renting out the room is impossible without using the common property of the communal apartment: bathroom, kitchen, etc. If the procedure for use is not reached by agreement, then only the court can establish it.

Until there is an agreement or a court decision on the procedure for use, nothing can be done. Call the police? The police are not authorized to resolve civil disputes. He will only check the registration and transmit the information to the Ministry of Internal Affairs, nothing more.

Do residents with temporary registration have to pay for utilities? Let your neighbor know about your position on this issue, specifying that you will warn anyone who comes to inspect the room that you will not allow the tenant into common areas, that you will call the police to remove strangers from the apartment every time they appear in the apartment.

You can also offer your neighbor a compromise solution: you will give her permission to rent out a room if the tenants will also pay rent to you and your common neighbors for common areas, for example.

Then it is unlikely that anyone will rent this room at all. But keep in mind that by refusing you will ruin your relationship with your neighbor completely and irrevocably.

It’s better to tell her that you will give permission only if you personally meet the tenant and you like him. Your consent to move in tenants would be required in the case of shared or joint ownership of an apartment with neighbors, in accordance with the articles and the Civil Code of the Russian Federation.

Thus, a room in a communal apartment is a legally independent piece of private property, and your neighbor is its sole owner. According to the article of the Civil Code of the Russian Federation, the owner can dispose of his property and use it in accordance with the law, if his actions do not violate the rights of other persons.

In particular, the owner has the right to transfer to other persons, while remaining the owner, the rights of ownership, use and disposal of property.

So the neighbor has legal grounds to transfer her room in a communal apartment for use to another person on the basis of a rental agreement, without obtaining anyone’s consent.

It is worth noting that the earlier Decree of the Moscow Government dated However, the decision of the Supreme Court of the Russian Federation dated However, the law does not provide for such a restriction as the mandatory obtaining of the consent of the owners of rooms in a communal apartment for one of the owners to move residents into their room, as well as his registration in such a room .

Nevertheless, representatives of real estate agencies, when drawing up rental agreements, often ask the owner for the written consent of neighbors to rent out a room. State bodies may adhere to a similar position when registering a person at the place of residence in a communal apartment.

This position is argued by the fact that, according to Article 41 of the Housing Code of the Russian Federation, the premises of a communal apartment used to service more than one room belong to the owners of the rooms on the right of common shared ownership. And since the new tenant will use the bathroom, toilet, corridor, etc.

This position is convenient and helps to avoid conflicts between neighbors, but is not based on legal requirements. According to Article 42 of the Housing Code of the Russian Federation, a person’s share in the right of common ownership of common property in a communal apartment is proportional to the size of the room area owned by such person.

In addition, following the logic of representatives of real estate agencies and registration authorities, even a separate apartment in a residential building would be impossible to rent out without the consent of the owners of other apartments. After all, Article 36 of the Housing Code of the Russian Federation establishes that elevators, stairwells, etc.

In turn, the tenant cannot but use the specified property while living in the rented apartment. However, the law does not establish an obligation for the apartment owner to obtain consent from the residents of the house when drawing up a rental or rental agreement.

In itself, moving a tenant into a room does not require consent and does not entail a violation of your rights, provided that the new neighbor behaves in good faith and does not break the law. If the tenant violates the law with his actions, for example, violates the peace and quiet at night, you have the right to demand the cessation of illegal actions, including by contacting the police.

1. You also have the right to demand the eviction of tenants who violate your interests from a communal apartment in pre-trial proceedings and then, if there is a dispute, in court.
2. However, prior agreement with neighbors on the issue of moving in and registering residents in a communal apartment, with such consent secured on paper, certainly reduces the likelihood of disputes arising and refusal of registration by government authorities.
3. The text was prepared by Maria Gureeva.

2 apartment owners and room rental

My neighbor is renting out a room in a communal apartment, I am against it. What to do? My neighbor wants to rent out her room, but I am against it.

What are my rights in this case and my actions? The situation when one of the owners of a room in a communal apartment does not live in it and rents it out to strangers, and the second does not want to have neighbors who change from time to time, is not uncommon.

Let's try to figure out whether the owner has the right to rent out his room without the consent of the other owner and whether this can be prevented.

In a 4-room apartment there were 3 owners - father, mother, 2. to allocate a share in kind, it is necessary that this is the case; in order to rent out their share, they need the consent of all owners.

The owner receives income, and the tenants receive temporary living space with all amenities. However, if we talk about shared ownership, the owner is somewhat limited in his rights. The interests of all shareholders will have to be taken into account, otherwise the case will go to court.

Is it really impossible to rent out a share in an apartment? What to do if other owners create obstacles, threaten to evict tenants and do not allow them to dispose of the legal part of the housing? There is no need to despair, but it is better to decide how to act in such a situation. Our article is devoted to answering this question.

Is it possible to rent out a share in an apartment without the consent of the second owner? The likelihood of renting, or more precisely, renting a residential premises, if the second co-owner does not agree in the usual way, is small. However, there are chances and they should be discussed in more detail.

Is it possible to rent out an apartment without the consent of the second owner?

Do you need a contract? What happens if you leave suddenly without warning the owner? Is it possible to get a deposit back if the owner of the premises does not want to give it back? In practice, everything is not so scary - or, at least, solvable.

How to conclude a lease agreement with 2 co-owners of the premises?

Article When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the preemptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership to a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure. Public auctions for the sale of a share in the right of common ownership in the absence of consent of all participants in shared ownership may be held in the cases provided for in part two of Article of this Code, and in other cases provided for by law. The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it. If the remaining participants in shared ownership do not acquire the sold share in the right of ownership of real estate within a month, and in the right of ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person.

Renting out a share in an apartment without the consent of the owners

Consequences for the second owner of the premises if the first plans to open an individual entrepreneur and rent out the space Question: There is a premises in shared ownership, two individuals, two owners in equal shares.

One owner wants to organize an individual entrepreneur and rent out the premises in full, the second owner agrees.

What documents are required from the second? Can he transfer the share free of charge? What tax consequences and liabilities might the second one have?

Odnoklassniki The Civil Code of our country states: This is specified in the article of the Civil Code of the Russian Federation. The owner of the property, be it an apartment or a house, personally puts his signature on the lease agreement.

Rent 1/2 apartment

Lawyer Vasily Katynkin Ekaterinburg answers: It is necessary to find out the legal status of the rooms in this communal apartment. There are two options. The communal apartment is in shared ownership. In this case, the receipt for payment of utility services is usually general, unless the personal accounts are divided.

Home Consent to rent out an apartment from the second owner Surprisingly, but true!

The owner has the rights to own, use and dispose of his property.

The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law, public benefit and safety, do not harm the environment, historical and cultural values ​​and do not infringe on the rights and interests protected by law of other persons, including alienation of his property into ownership of other persons, transfer to them, while remaining the owner, the rights of ownership, use and disposal of property, pledge property and encumber it in other ways, as well as dispose of it in other ways. Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law, is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legally protected interests of other persons. The owner can transfer his property in trust to another person to a trustee. The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him. Ownership is indefinite. The following can and should be highlighted from this article:

When renting out housing, personal income tax can be paid by one co-owner

Conclusion When can a property have two owners? After the birth of a new family member, he may be allocated a separate share in the property. Divorced status and the presence of one child also often leads to the fact that there will be 2 holders of a certificate of right to use the property in the apartment.

VIDEO ON THE TOPIC: Can the owner of a share in an apartment rent out the apartment?

How can you rent out an apartment without the consent of the second owner? Important nuances of rent registration

• Ownership of property by two owners is a common situation that causes a lot of controversy regarding the agreed use of the apartment.
• If one owner has a desire to rent out his share and at the same time the second person completely disapproves, the implementation of the plan becomes significantly more difficult.
• The barrier is a special legislative framework that prevents disparaging behavior towards one of the parties.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-65-46. It's fast and free!

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When can a property have two owners?

Divorced status and the presence of one child also often leads to the fact that there will be 2 holders of a certificate of right to use the property in the apartment. Issues regarding home ownership usually arise after the child reaches 18 years of age.

Two owners are also formed in the case of an inheritance procedure , when an apartment is bequeathed to two relatives after death. In the document, the testator has the right to determine the number of square meters (share) that will become the property of each party.

The number of citizens included in the title document may significantly exceed the number described: the law does not provide for a limit on the number of possible owners in one apartment.

Despite the guaranteed right to a citizen to dispose of his own property in accordance with his wishes (LC RF, Article 209, paragraph 1 and LC RF, Article 30), the legislative framework adjusts this condition if the apartment belongs to several owners.

In addition to living rooms, tenants also use common areas (CAPs) , which include the bathroom, corridor, toilet and kitchen space. Entrance to the housing is also only possible through a common door.

Another restrictive condition is the absence of an allocated share, which does not initially belong to a specific room in the apartment. Share allocation options:

After a consensus has been reached or a decision has been made, each owner has the right to use the room assigned to him in the apartment. Additionally, the number of square meters in the MOP (including a balcony) owned by each owner is determined.

If there is only one room in the housing, then this division is inappropriate, since the living space, regardless of the ratio of shares, leads to the retention of the right to use the room for each owner.

Important. Renting a share for the needs of locating a store or warehouse is prohibited under any conditions on the basis of restrictions on the use of residential space for purposes other than those intended. (Civil Code of the Russian Federation, Art. 288).

Registration of housing for rent without the participation of a second owner

A co-owner has the right to go to court to eliminate his property rights by paying compensation according to the material value of the existing share (Civil Code of the Russian Federation, Art. 252). After this decision, you can rent out the entire apartment without anyone’s consent.

Algorithm for concluding a lease agreement without consent:

• find tenants;
• draw up a lease agreement;
• determine the amount of payment per month;
• sign the paper by both parties;
• move in new residents;
• inform the tax authorities about the changes.

Download a sample apartment rental agreement

The simplest, although illegal, method is to move a temporary resident into an apartment in which no one lives. If the other owner does not live in the city, then he may not even know about the fact of renting.

A nuance: despite the possibility of moving in tenants in this way, the second owner, if a violation of his rights is discovered, can challenge the conclusion of the rental agreement.

Theoretically, an apartment can be rented out without taking into account the opinion of the co-owner if the housing is located on the ground floor and there are two isolated exits (traditional and created through a balcony). In this case, the tenant’s accommodation is carried out without access to the MOP, since permission has not been given for them.

However, such redevelopment is often prohibited by the management company, and the comfort of living in such an apartment is called into question. If you can do without a kitchen, it’s difficult to do without a toilet.

Renting a share allocated to a room measuring less than 12 square meters. m is considered a violation of the permitted social norm for the comfortable stay of 1 person (LC RF, Art. 50). It is very easy to terminate such a rental agreement through the court.

The admission of an outsider, with the help of whom profit is made, is illegal (Civil Code of the Russian Federation, Chapter 35), so this fact can be used by the second owner who does not approve of the stranger’s occupancy.

Sometimes one of the owners does something drastic - changes the locks and does not allow the other owner into the apartment. This behavior is dangerous: neglect of the rights of the second party leads to the formation of a lawsuit seeking compensation for the use of his property.

There are also reservations regarding renting a communal apartment: allowing tenants to use residential square meters without consent is permitted, but for common use - not. In such a situation, permission is required not only from the 2nd owner, but also from the owners of other apartments located on the floor (RF Housing Code, Art. 41).

Article 41 of the RF Housing Code. Ownership right to the common property of the owners of rooms in a communal apartment

1. 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 (hereinafter referred to as the common property in the communal apartment).
2. Changing the size of common property in a communal apartment is possible only with the consent of all owners of rooms in this apartment through its reconstruction and (or) redevelopment.

In addition to filing a claim for uncoordinated and illegal rent, a person whose rights have been violated also has the right to file a complaint with the Federal Tax Service. After an inspection, the court may order the eviction of an unauthorized person and pay a fine related to tax evasion.

Resolution of disputes sometimes occurs amicably if the second owner agrees to share part of the rent and transfer it to the other owner of the apartment. This possibility is prescribed by law (Civil Code of the Russian Federation, Article 247, paragraph 2), however, the division of income is carried out according to the size of the share.

Warning. Calling the police to evict a tenant is ineffective: the requirement to leave the premises is mandatory only after receiving a court decision.

Renting an apartment without taking into account the opinion of the second owner is a difficult intention, which often intersects with a violation of current legislation. The easiest way is to conclude a rental agreement when owning a communal apartment; in privatized real estate, trampling on the rights of a co-owner is fraught with the imposition of court fines.

1. According to these regulatory features, it is safer to enlist the support of another owner in order to guarantee the absence of problems with justice.
2. Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
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