Daily rental of housing to tourists is illegal. What to do if the neighbors rent an apartment for rent

on the Internet and in social networks Thousands of ads for renting apartments have been posted. And in Bishkek, at nightfall, at the intersection of Ibraimov and Moskovskaya streets, a kind of landlord site begins its work. Prices for apartments depend on conditions.

“We rent an apartment for a day. We have all the conditions: TV, refrigerator, internet, renovation. Rent for the night costs 1300 soms, for a day - 1500, for a couple of hours - 400, then there is an additional payment for each hour - 100 soms. What we will do after the introduction of the new law, we have not thought yet, ”- tells the businessman Asylbek.

The income from each apartment per month averages from 30 to 50 thousand soms. But landlords do not pay any taxes to the budget. This type of business is widespread in largest cities countries - Bishkek and Osh.

The ban on renting apartments for daily or hourly rent was introduced by the law “On Amendments to the Code of Administrative Responsibility”, signed by President Almazbek Atambayev on December 30, 2016. The law comes into force after 10 days from the date of its official publication. Violation of the law entails the imposition of a fine on citizens in the amount of 7 thousand soms, on officials - 9 thousand, on legal entities - 70 thousand.

According to one of the initiators of the amendments, MP Kozhobek Ryspaev - renting apartments in high-rise buildings, at least, creates inconvenience for residents of other apartments. Ryspaev is supported by his colleague Mirlan Jeenchoroev:

- High-rise buildings were built for the private, quiet, private life of people. Unfortunately, in last years they were rented out as hotels and brothels. I was often approached with similar complaints when I was a deputy of the city kenesh. The townspeople complained that they could no longer walk with their children in the yard. The law supports the majority of tenants of high-rise buildings. We will personally monitor the implementation ourselves, as well as civil society, local authorities and the police.

The daily rent of apartments does not necessarily mean that the premises are rented for entertainment, the entrepreneur notes Aigul, who often has to come to the capital for work:

- Do we have to go to relatives every time after late late purchases at the market? Daily apartments very convenient for us. In hotels they require a passport, a lot of other red tape, besides, they are much more expensive. With the adoption of the law, apartments will not disappear. For example, I have friends with whom I have been renting an apartment for five years. We can just call them and arrange. Who has the right to check where I sleep? Citizens are hindered not by apartments, but by nightclubs nearby or in the residential buildings. Why aren't they banned? Because they can't. Because officials own them. Our forces are only enough for ordinary citizens.

Despite the prescribed punishment, society questioned the mechanism for enforcing the law. It is difficult to identify rented housing, civil activist believes Burul Usmanalieva:

- The law pursues the right goals. But the question is how to execute it. Few people in our country follow the laws. In any case, they will find ways around the new rules. For example, casinos are officially banned. But they continue to work underground or under other signs.

The new requirements of the Code of Administrative Responsibility apply only to apartments in multi-storey residential buildings. In the meantime, often private houses are also rented out for daily rent.

Earlier, the city authorities won a lawsuit against a resident of the capital who rented apartments for daily rent in the Vostok-5 microdistrict. But the process of renting out housing for hotels did not stop there.

Translation from Kyrgyz. Original article

I wanted to write about Macau, but a more important topic arose. And you will agree that it is much more important than travel. Since many travel, and just life will now depend entirely on it. We are talking about a ban on rental housing that is being prepared for consideration already today (!!!). It looks like anyone.

Already today, Khovanskaya and the hotel lobby will fit into your pocket. Adoption of the bill in the second reading - June 13.
The bill proposes to amend the third part of Article 17 of the Housing Code of the Russian Federation. In particular, the phrase “It is not allowed to place industrial production in residential premises” is proposed to be supplemented with the words: “as well as hotels and other accommodation facilities, providing hotel services and other accommodation services. You still do not understand what we are talking about?!
“The initiator of amendments to the Housing Code of the Russian Federation prohibiting the provision of hotel services in residential premises, Galina Khovanskaya once again declared her unwillingness to find a compromise with business,” said the Chairman of the Committee on Small Accommodation Facilities of the Moscow Branch of OPORA RUSSIA, Chairman of the Board NP League of Hostels Yevgeny Nasonov following a meeting with a deputy State Duma Russian Federation Galina Khovanskaya.
The meeting of representatives of the Moscow "OPORA" with Galina Khovanskaya was organized during live broadcast on RBC TV dedicated to the problem of the ban hospitality activities in residential buildings, on May 25, in which Evgeny Nasonov and Galina Khovanskaya took part.
“Galina Khovanskaya said that the law can be adopted either in the current version or in an even tougher version. Amendments are being prepared to ban absolutely all accommodation facilities in multi-apartment residential buildings, regardless of the purpose of the premises - residential or non-residential,” said E. Nasonov.
In his opinion, this will hit not only those accommodation facilities that are located in apartments, but also accommodation facilities in non-residential premises with a separate entrance, which in no way interfere with residents.
“The bill not only endangers hostels and mini-hotels located in apartments, but also the entire market daily rent", - said Evgeny Nasonov.
In conclusion, the expert noted that the deputy got acquainted with positive feedback neighbors of the MTS, but stated that even those accommodation facilities that do not have conflicts with neighbors will still be closed.
Recall that the amendments to Article 17 of the Housing Code of the Russian Federation imply a ban on the provision of hotel services and other accommodation services in any residential premises.
Many still think that the ban only affects daily change, but in fact the amendments to the law - it is understood that in general, any delivery of housing for money (provision of accommodation services).
Selectively from the speech of G. Khovanskaya:
... Well, and most importantly, in our opinion, why we, as a team of authors from all factions, nevertheless sought to resolve the issue, is that the main beneficiary of the decision, those whom we protect, no matter how we support small business, are , of course, the citizens of our country.

The fact is that you and I must clearly understand: when buying an apartment in an apartment building, people assume that this is the place where they will live, where their children will live, maybe grandchildren, and, of course, last but not least, they suggest that someone in the next apartment may start doing business. But, unfortunately, today we see in the regions - this has become especially aggravated with the worsening economic situation - that people are starting to leave these apartments and do everything in order to somehow support their, let's say, well-being. But I want to draw your attention to the fact that this is done outside the legal field, unfortunately.

Considering various aspects and, perhaps, immediately answering the questions that are, I want to say: after all, you and I must understand that the owner can really use the living space at his own discretion, but he can use it only within the limits which the Housing Code provides him, namely for living. And the dividing line we have here is this: is the presence of strangers in this room - is it living or is it still the provision of a service? We believe that any placement in a residential building of people who are not related to this premises is still the provision of a service, and since this is actually no longer a residence, but a service, an element of entrepreneurship, then everything should be regulated not by the Housing Code, completely different laws should apply here.

Another side of the insanity of this bill is that strangers who are not related to the premises may be your distant relatives who came to visit. (since nothing is said about the remuneration of the service)

According to which owners can rent their apartments only with the consent of neighbors living nearby. The Real Estate Mail.ru portal received many letters from readers who were surprised and even outraged by this initiative. We turned to experts in the housing rental market for clarification to find out whether the legislation needs to be changed and what will happen if the project is adopted.

LDPR deputy Vitaly Zolochevsky (author of the bill) believes that neighbors have the right to know who lives in a neighboring apartment and, accordingly, agree to his living next to them. In the explanatory note, the author separately noted that now the owners can rent apartments to people who keep animals that are recognized as dangerous - for example, bull terrier dogs. According to Zolochevsky, the purpose of the bill is to ensure the right of Russians to a normal and unburdened life.

Expert opinions:

Natalia Sivko, Managing Director of MIEL-Arenda:

I believe that this draft law runs counter to the already existing rules, and its adoption will require changes in the articles of the Civil Code that regulate the procedure for renting residential premises.

Both from the point of view of the law, and from the human point of view, and also based on many years of practice, I can say that it is very problematic to get permission from all the neighbors. Therefore, citizens who rent apartments will look for workarounds. And this can seriously harm the government's course aimed at "whitewashing" the rental market.

If we talk about the reasons why the deputies explain the need for amendments, in my opinion, it is much more logical to change or tighten the penalties for improper keeping of animals in apartment buildings than to force the owners of rented apartments (and among them there are law-abiding taxpayers) to collect numerous signatures.

Yulia Lukina, Head of the Leasing Department at NDV-Nedvizhimost:

I won't be surprised if many neighbors will be glad to have such an opportunity. But there are nuances that cannot be ignored. The idea is contrary to the institution of property rights, because the owners of apartments can dispose of them at their discretion. And there is a serious risk that the rights of the owners themselves will be violated. After all, it cannot be ruled out that some neighbors may “out of harm” not give their consent, even if a young family of Slavic appearance plans to move into the apartment.

There is another question - will the owners ask these neighbors for consent? I wouldn't be surprised if the tenants were presented as friends or relatives who would "temporarily live" in the apartment. One gets the feeling that the amendment itself is focused not only on protecting neighbors, but also on increasing tax collection. This problem is well known, and they try to identify those who do not pay taxes in a variety of ways (including with the help of neighbors).

Andrey Lukash, Leading Legal Counsel at Intermark Relocation:

I guess that true purpose bill - not so much the protection of the rights of neighbors, but the withdrawal of the rental business from the shadows. And I believe that the draft law cannot be formalized in the form of a law in the proposed edition and is not able to positively affect either the comfort of citizens or the real estate market as a whole.

First, every citizen Russian Federation has the right to own, use and dispose of their property. No one can be limited in this, the exception is a court decision. If someone gets a dog that creates inconvenience for the neighbors (dirt, loud noise, smell, etc.), the latter will be able to protect their rights, regardless of whether the dog belongs to the owner or the tenant. This also applies to other violations of the law: repair work at night, littering the stairs. The assumption that potential tenants are a priori less law-abiding than owners is highly controversial.

If the problem is really in pets, you need to make changes to other regulations. In Russia, the keeping of dogs (including guard and fighting breeds) is really practically not regulated. The legal framework in this area needs to be improved.

Secondly, none of the laws contain the term "neighbor" used by the author of the initiative. It is not clear who is meant: the owners of nearby apartments or the citizens actually living in them. The procedure for obtaining neighbors' consent seems to be extremely problematic: neighbors' apartments can be owned by different citizens either entirely or on the basis of shared ownership. Shared co-owners may reside in other cities and countries, shares may belong to minors and incapacitated persons. To obtain their consent, it will be necessary to massively involve employees of guardianship and guardianship authorities. Access to some apartments will be possible only with the participation of district police officers. Therefore, the statement of the author of the draft law that the adoption of the law will not entail the expenditure of federal budget funds seems unlikely.

Vadim Lamin, managing partner of the Spencer Estate real estate agency:

There are moments in the parliamentary legislative process that cause nothing but surprise. Why will completely strangers decide how the owner should dispose of his property? And what reason do they have to disagree with his decision to rent an apartment? There may be few such reasons, and first of all, this is ordinary envy (how does a neighbor rent an apartment and receive fabulous money!). All the words about the notorious danger, illegal actions, especially about the maintenance of animals - are completely beyond any logic. All this is regulated by applicable laws and controlled by law enforcement agencies. Stop banning everything! The bill will not affect the rental market in any way, since (I really hope) it will never be passed.

Galina Kiseleva, director of the apartment rental department at Inkom-Nedvizhimost:

The initiative runs counter to existing legislation and I don't think it will be implemented. First of all, it violates the right of the owner of an apartment to freely rent it out, which is enshrined and protected by the Constitution - the fundamental law of the Russian Federation. According to Art. 35 of the Constitution of the Russian Federation, “The right of private property is protected by law. Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons. According to paragraph 1 of Art. 34 of the Constitution of the Russian Federation, "Everyone has the right to free use of his abilities and property for entrepreneurial and other economic activities not prohibited by law." In addition, in the Civil Code of the Russian Federation, namely in Art. 209, it is said that the owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law, including transferring to third parties, while remaining the owner, the rights of possession, use and disposal (including transferring an apartment for rent) . And paragraph 2 of Art. 288 of the same Civil Code of the Russian Federation states that residential premises can be rented out by their owners for living on the basis of an agreement (respectively, rent, sublease, lease, etc.). The same is enshrined in the Housing Code: according to paragraph 2 of Art. 30 of the Housing Code of the Russian Federation, the owner of a dwelling has the right to provide possession and / or use of a dwelling owned by him on the basis of the right of ownership to a citizen on the basis of a lease agreement, an agreement free use or on another legal basis, as well as to a legal entity on the basis of a lease agreement. In the same place, in the Housing Code of the Russian Federation, in paragraph 1 of Art. 16 shows all types of residential premises.

Ekaterina Andrusevich, General Director of the Sutochno.ru portal:

Deputies from the Liberal Democratic Party for the third time propose legislative initiatives that limit the rental market, including daily rent. Twice these initiatives were rejected by the deputy corps, I hope that this will happen now. The authors of the initiatives justify their ideas by protecting the interests of residents, but in fact (in the case of short-term rentals) they are lobbying the interests of hotels.

I am against this measure, because this law is not beneficial to either citizens or the state. The hotel fund is extremely small, it is known fact, the tourist market will simply suffocate from the lack of hotels. With regard to long-term lease, this market will also face a crisis if the law is passed - the supply of apartments will drop sharply. If the law is nevertheless adopted, some landlords will begin to coordinate their actions with their neighbors, perhaps they will create some partnerships and organizations to protect their interests. But most of will go into the shadows, and the state will receive even less taxes from citizens who rent out housing.

Now the rental market is quite civilized. Including the daily rental market. Tenants behave adequately, do not create noise, prefer to walk around the city, do business. Permanent residents can create more problems than such travelers.

Elena Kulikova, Head of Owner Relations at Intemark Savills:

The initiative was based on good intentions, including the legalization and transparency of rental transactions. But I would like other initiatives to work in practice that do not lead to the fact that a neighbor can restrict a neighbor in the right to dispose of his own property. One of the reasons behind the exit of the elite lease “out of the shadows” was the introduction of a simplified taxation system of 6% and the ability to minimize taxes by buying a patent. Perhaps, for the business and economy class market, it is necessary to further simplify the way of paying taxes and registering long-term contracts and to interest tenants in the legal conduct of business with homeowners. If we are talking about the safety of living, then at the present time nothing prevents people from being vigilant. If an apartment near you is rented in violation of sanitary standards or tenants do not comply with the rules for living in an apartment building, the person has the right to take the necessary measures. In my opinion, the adoption of such a law is unlikely, but work on improving legislative framework probably needed.

Top news last days- the forthcoming law on the prohibition of the use of residential premises as hotels.

In this article, we have tried to systematize all information about the law without panic and propose actions to protect the interests of landlords and other participants in the short-term rental market.

What's happened?

On May 13, in the first reading, the State Duma passed a law that, if adopted in its current form, will deal a severe blow to our market, practically removing all short-term rental housing from the legal field. All right. Farewell, inexpensive hostels, farewell, cozy apartments on Nevsky, farewell, private sector at the Black Sea.

The law has not yet been approved, ahead of the second and third readings, approval in the Federation Council and the President. But, given that, according to the statistics of the Duma of the sixth convocation, 88% of the laws adopted in the first reading are adopted in the end, there are reasons for alarm.

At the same time, there is also a great hope that the proposed law will not pass, that we will fight back. The law is crude, if not defective, and rather harmful for the country. Moreover, it even has a foreign policy flaw. Further we will tell about everything in detail, but if you do not want to read, but are ready to immediately rush into battle, then scroll through the article immediately to the very bottom.

What is this law?

The titanic work of our lawmakers is called “Bill No. 876688-6. On amendments to Article 17 of the Housing Code of the Russian Federation (with regard to the prohibition of the use of residential premises as a hotel, other means of temporary accommodation, as well as the provision of hotel services in them).

It looks like this:

Amend Part 3 of Article 17 of the Housing Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No 1, Article 14) with the words “as well as hotels and other accommodation facilities, the provision of hotel services and other accommodation services.”

Thanks to this law, the Housing Code of the Russian Federation in part three of article seventeen will look like this:

Article 17 Use of residential premises
1. The dwelling is intended for the residence of citizens.
2. It is allowed to use residential premises for the implementation of professional activities or individual entrepreneurial activities by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.
3. It is not allowed to place industrial production in residential premises, as well as hotels and other accommodation facilities, provision of hotel services and other accommodation services
4. The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other requirements of the legislation, as well as in accordance with the rules for the use of residential premises approved by the authorized Government of the Russian Federation Federation is a federal executive body.

Those. legislators plan to completely ban the provision of hotel services in residential premises. Let's take a look at what motivates them. There is an explanatory note to the law.

Explanatory note to the law

By general rule the owner has the right, at his own discretion, to take any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons (clause 2 of article 209 of the Civil Code of the Russian Federation). At the same time, the special social significance of the housing stock determines certain limits for the exercise of the right of ownership to a dwelling.

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other requirements of the law, as well as in accordance with the rules for the use of residential premises approved by the authorized federal government of the Russian Federation. executive authority.

According to part 1 of article 17 of the Housing Code of the Russian Federation and paragraph 2 of article 288 of the Civil Code of the Russian Federation, the functional purpose of residential premises is the residence of citizens.

Activities for the provision of hotel services can be carried out only after the transfer of the residential premises (or a set of residential premises) to non-residential premises and equipping the said premises with the equipment necessary to provide consumers with services of adequate quality: a soundproofing system for rooms, fire safety equipment, burglar alarm, safes for accepting money and jewelry for storage, means for cleaning and sanitary cleaning of rooms. The Housing Code does not exclude the possibility of transferring an apartment in an apartment building to non-residential premises, provided that such an apartment is located on the first floor of the said building or above the first floor, but the premises located directly under the apartment being transferred to non-residential premises are not residential (clause 3 article 22).

However, at present, cases of the use of residential premises as a means of temporary accommodation, the so-called. "hostels", mini-hotels, which, of course, leads to a violation of the housing rights of other residents of houses living in residential premises adjacent to the "hostels". The so-called hostels cause no less damage to houses that, in accordance with the procedure established by law, have been recognized as objects of cultural heritage.

by order federal agency according to technical regulation No. 1393-st dated October 23, 2014, approved and put into effect on January 1, 2015 GOST R 56184-2014 “Services of accommodation facilities. General requirements for hostels "(hereinafter referred to as GOST), which established General requirements to hostels intended for temporary accommodation of guests, and to the services provided in them. In violation of paragraph 3 of Article 288 of the Civil Code of the Russian Federation, GOST allows organizing a hostel in a residential area.

The proposed draft federal law prohibits by law the use of residential premises as a hotel, other means of temporary accommodation, as well as the provision of hotel services in them.

Those. we see that the deputies take care of the residents of the apartment building in which the hostel is organized, interfering ordinary people live.

This law was submitted for consideration in September 2015, six months ago, by a group of deputies of 4 people, headed by Galina Petrovna Khovanskaya, chairman of the State Duma committee on housing policy and housing and communal services. At the same time, according to one of the initiators of the law, LDPR deputy S.M. Katasonov, the project has a three-year history (in particular, Katasonov introduced a similar bill No. 461001-6 in March 2014). Now 34 deputies from all Duma factions have signed the law. In the fall, it was sent for revision, the defense against the law was successfully kept by the Ministry of Culture (which we also deal with tourism), but the law somehow broke through and confidently floats upward.

A little more about the motivation of the law declared by the initiators - an excerpt from the speech of Khovanskaya G.P. at the meeting of the State Duma:

Dear Alexander Dmitrievich, dear deputies! Do you know where I'll start? I will start with the appeals of citizens who come to us, and then everything will be clear to you. The flow of appeals continues to go and, unfortunately, is growing. It is mainly the residents of houses located in large regional centers that suffer - I am talking primarily about my native Moscow and St. Petersburg, which is no less dear to me.

Here, look, a letter from St. Petersburg: “Dear Galina Petrovna, please tell me how to deal with a hostel in a residential building within the legal framework? He wrote everywhere! St. Petersburg, Nalichnaya street, new house, fenced area. A hostel has been created on the tenth floor of a twelve-story building, fifty people live there, which is contrary to all hygiene standards and fire safety, several tiers of bunk beds have been installed. There is a theft in the house, a constant smell of nicotine on the landing, unsanitary conditions. At any time of the day or night, you can meet drunk strangers who inexplicably enter the territory, ring the intercom at any time of the day or night, demanding to open the door for them and, of course, wake everyone up. We are closely following your bill banning hostels in residential buildings. Help us, you are our hope!”

Now there are appeals from Moscow. Novobasmannaya, 31, on behalf of the residents: “People of Caucasian nationality come running at 3-4 in the morning ...” Well, in short, it’s understandable, right? People in such houses cannot hire a concierge. They believe that the first reading of the bill has already passed in the State Duma, they are asking: finally pass the law! We did not have the first reading - it is only scheduled for today. Further, Presnya, Central Administrative District: “Our children are already afraid to use elevators; the house turned into a passage yard; the residents are concerned about the safety of living” - this is about another mini-hotel, “Lily of the Valley” is called. You know, it is impossible to read these appeals without pain!

Those. several cases are cited, several complaints received by Galina Petrovna Khovanskaya from residents of apartment buildings with hostels in Moscow and St. Petersburg. Complaints are emotionally touching, the affected residents want to help.

At a meeting of the State Duma Committee on Housing and Public Utilities, Elena Nikolaeva, a deputy from United Russia, made a particularly vivid and soul-stirring complaint (according to a quote from Vedomosti):

“Employees of the presidential administration are complaining: we are afraid to enter our own entrance to an elite house. The topic requires serious improvement of legislation.

As a solution, the deputies propose to completely ban the provision of hotel services in residential premises.

Why is the law bad?

First of all, the law is bad because, based on complaints from residents of several dozen houses in Moscow and, apparently, partially in St. Petersburg, complaints about one specific type of daily accommodation for guests (hostels) are being hit from a cannon throughout the daily rental market.

At Kvartirka in Russia there are 68,000 ads for short-term rentals, 67,000 ads for houses and apartments that are rented out as a whole, without beds. They do not increase the load on common property in the way that hostels do, but still, thanks to the law, they may be banned. In many cities, there will simply be nothing to replace apartments with, and domestic tourism will be under threat. For example, in the center of St. Petersburg there are not enough hotels to accommodate all interested tourists, they are only May holidays 2016 came 300,000 people!

Even the private sector of the Black Sea coast falls under distribution. The law refers simply to “residential premises”, and according to the Housing Code, they include, among other things, houses and rooms:

Article 16. Types of residential premises
1. Residential premises include:
1) residential building, part of a residential building;
2) an apartment, part of an apartment;
3) room.

Imagine a resident, for example, of Yalta, who for many years has been renting out to guests a small guest house or an outbuilding, which he erected on his plot next to his residential building. Suppose this resident voted in a referendum for joining Russia. What will be his mood now? Would he want to go back to Ukraine?

Galina Petrovna Khovanskaya claims in an interview with an Orthodox (for some reason) publication that the law will not affect the private sector. But he will. The breadth of its interpretation allows it, the boundary between hotel services and short-term rental housing is not spelled out.

Daily apartments and the private sector fall under the distribution, but what about hostels? Is their ban necessary? We don't think so. Not all hostels annoy residents, many of them carry out some kind of work to improve the entrance, house, yard, make friends with their neighbors. We assume that in Moscow it happens that behind the hostel sign there are shelters for guest workers, but is this a typical case for the whole country? For tourist St. Petersburg? For Kazan and Nizhny Novgorod?

The law also has legal flaws: this is a corruption-inducing vagueness of the wording, and the absence of a clear line between hotel services and housing rentals, permitted to citizens in accordance with paragraph 2 of Art. 30 of the Housing Code of the Russian Federation, and some conflict with the requirement to transfer hotel apartments to non-residential stock, despite the fact that, according to paragraph 2 of Art. 23 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological welfare of the population" provision to citizens for permanent or temporary residence non-residential premises not allowed

The implementation of the law has a good chance to bring down the housing market. Tens of thousands of apartments across the country will go on long-term lease or be sold, which cannot but drop property prices.

Has the law been discussed with the public?

Yes, it has been discussed. In particular, in the Public Chamber of the Russian Federation, and she issued a negative verdict on him in November 2015.

Based on the foregoing, the Civic Chamber of the Russian Federation does not support the adoption of draft federal law No. 876688-6 “On Amendments to Article 17 of the Housing Code of the Russian Federation (with regard to the prohibition of the use of residential premises as a hotel, other means of temporary accommodation, as well as the provision of hotel rooms in them services).

The Civic Chamber of the Russian Federation has prepared a powerful 30-page document, against which a one-line law looks especially frivolous. The document contains an analysis of the disadvantages of the law, statistics, feedback from market participants and stakeholders, and specific alternative measures to the law to achieve the goals declared by law.

Conclusion of the Public Chamber Sverdlovsk region

Based on the results of the legal examination of the bill and within the framework of the questions raised, the Public Chamber of the Sverdlovsk Region considers it necessary to give a negative opinion on the submitted bill.

1. The bill proposes to significantly restrict the right of homeowners to dispose of their property, which is contrary to paragraph 3 of Art. 55 of the Constitution of the Russian Federation, since the right to dispose of living quarters in itself does not lead to infringement of the rights and legitimate interests of other persons. The arguments given in the explanatory note to the draft law are not sufficient for such a radical restriction constitutional rights homeowners.

2. The adoption of the bill may lead to an increase in social tension in society, especially among tourists and young people, worsen the development of domestic and inbound tourism. Budget options accommodation are popular, especially in Moscow, St. Petersburg, Black Sea coast, Crimea, etc. It is likely that in the current economic situation, as well as in connection with sharp decline demand for resorts in Egypt (in the future - resorts in Turkey), the demand for hostel services will only increase.

3. The legal technique of the draft law allows for multiple interpretations, giving the law enforcer wide discretionary powers, and contains corruption factors. Establishing differences between “accommodation facilities”, “hotel services”, “other accommodation services”, on the one hand, and the provision of premises for citizens to live on the basis of an agreement in accordance with the norms of paragraph 2 of Art. 30 of the Housing Code of the Russian Federation, on the other hand, seems to be a key factor for the application of the norms proposed by the bill, but the author of the bill does not offer clear criteria for such differences. At the same time, according to part 2 of Art. 671 of the Civil Code of the Russian Federation, residential premises may be provided for possession and (or) use on the basis of a lease agreement or other agreement legal entities who can use it only for the residence of citizens. In practice, this means that it is impossible to distinguish the activity of providing hotel services from the activity of providing residential premises for short-term rent (hiring).

Thus, the draft law proposes to impose a ban on persons whose circle cannot be sufficiently defined, which blurs its scope and, as a result, is a corruption factor.

What will happen next?

Amendments to the draft law must be submitted 30 days after the adoption in the first reading, i.e. by June 13, 2016. Then a second reading will take place with consideration of the amendments. Amendments can seriously change the law and weaken its negative impact on the market.

The Ministry of Culture still opposes the bill. Medinsky is sure that "the ban on hostels in residential buildings will deal a blow to domestic tourism", and "Keep and do not let go - this is the most ridiculous position that can be." Khovanskaya herself believes that the law will meet resistance from lobbyists associated with hotel business: “The law will be passed. The question is which version. I am waiting for attempts to emasculate him, and they have already been made. There will be resistance, and the reaction has already begun.”

There is a hypothesis that the bill was issued according to the old Russian state tactics - "Two steps forward, one step back." Scare with a complete ban, and then ban, but not completely. In particular, at the hearings in the Public Chamber, a proposal was made to transfer the right to decide whether or not to be a hostel in the house to the residents of the house themselves, for example, on the basis of the HOA. Such an amendment would seriously soften the effect of the law. We do not know how feasible this is, but the direction of movement is the most correct - who better than the residents to decide?

In any case, fortune-telling on coffee grounds is not constructive. The future, as they say, is in our hands, and we must act.

What to do?

Many suggest signing the change.org petition. Some add a petition to the ROI. Sign it, it won't hurt. But we must understand that this is a very weak move. Don't let yourself blow off steam and stop. Officials don't care about these petitions, especially those posted on American enemy cru-shny websites. Classical methods are more labor-intensive, but will allow reaching the deputies more effectively.

We publish here instructions from colleagues from RealtyCalendar. It seems to us to be the most effective today.

If you are a business representative, write about the personal history of your business and the consequences for it, about the absence of complaints from neighbors, about taxes paid, about regular customers who choose you and for various reasons will not be able to stay in hotels.

If you are an employee of the MSR company (small accommodation facilities), write that you like your job and why you do not want to lose it, that it is extremely difficult to find a decent and well-paid job now in times of crisis (especially in the regions).

Especially important are appeals from neighbors and elders in the house (!), Satisfied with your presence at the entrance (cleaning the common house area, participating in the needs of the entrance, repairing the intercom and other minor repairs, participating in the improvement of the entrance: flowers, rugs, a Christmas tree on New Year, paintings / posters, etc.), and who do not want to lose you.

No less important are letters from tourists who choose precisely small accommodation facilities (contact your friends and acquaintances! These may be travelers with children who need special food; people who come for treatment and need care and close proximity to communications; youth and school groups who are extremely interested in inexpensive accommodation in hostels, and many other tourists who, for financial reasons, will not be able to stay in a hotel and will simply be forced to refuse to travel).

Appeals are needed from “related” businesses that are directly dependent on the tourist flow: cafes, restaurants, supermarkets located in tourist areas, transport (Russian Railways, low cost airlines, buses), directly objects of the tourism industry (museums, exhibitions, tour agencies, etc.).

Residents of cities where the World Cup is planned to be held in 2018, write that the city simply cannot accommodate such a number of visitors, and budget tourists will have to refuse to attend the championship.

If you are the owner private apartment- write that it is now difficult to rent an apartment for a long-term lease in times of crisis, and with the entry into force of the law it will become almost impossible due to the release of a huge number of apartments, as well as the fact that long-term rental prices will drop sharply, and you have an apartment , as an option, is the only source of income.

Who are we writing to?

(1) Vladimir Vladimirovich Putin - President of the Russian Federation: http://letters.kremlin.ru/

(2) Dmitry Anatolyevich Medvedev - Chairman of the Government of the Russian Federation: http://government.ru/letters/

(3) Vladimir Rostislavovich Medinsky - Minister of Culture of the Russian Federation: http://mkrf.ru/internet-priemnaya/form.php

(4) Vasiliev Vladimir Abdualievich - head of the UNITED RUSSIA faction, member of the State Duma Committee on Security and Anti-Corruption, member of the State Duma Commission on the consideration of federal budget expenditures aimed at ensuring national defense, national security and law enforcement activities.Send a letter from the site: http://vladimirvasiliev.ru/index/0-3

(5) Sergey Evgenievich Naryshkin, Chairman of the State Duma of the Russian Federation.Send a letter from the site: http://priemnaya.parliament.gov.ru/

(6) To the Federation Council in the name of Valentina Ivanovna Matvienko.Send a letter from the site: http://pisma.council.gov.ru/

(7) To the Government of the Russian Federation in the name of Golodets O.Yu., Kozak D.N., Dvorkovich A.V. Send appeals via the link: http://archive.government.ru/special/online/

All appeals must be considered within 30 days, and you will receive a written response to your appeal, which guarantees the effectiveness of the event.

However, IMPORTANT:

- you need to write in your own words (MANDATORY), without thinking about how right or wrong - these should be emotional letters from ordinary people, for whom everything will collapse if the law is adopted in such a version;
- It is MANDATORY to write the full name and return address of the sender in the letter - otherwise it is considered as an anonymous letter and they do not pay attention to it;
- if paper letters are printed from a computer, then there must be a handwritten signature, otherwise it is not a letter;
- send your appeal to all recipients on the list, the more letters there are, the better.

Please urgently forward this message to all your colleagues, partners, friends and acquaintances and all interested parties. If you have access to the press or influential people, be sure to raise a discussion in society. It is essential that the first mailing lists be sent out today to allow time for our requests to be considered.

For mailing questions, please contact: [email protected] We draw your attention to what we receive a large number of requests, and we are physically unable to process them promptly, so there may be delays in responding. Please use the information in this message to send your letters.

Remember, the fate of your business is in your hands, and now is the time to prove it to legislators! Only together we are strong!

We can only subscribe, together we are strong! Let's act!

If earlier real estate owners could fearlessly profit from daily rent, then soon the state may prohibit such transactions. Since 2016, the State Duma has been considering.

This bill concerns, first of all, hostels and mini-hotels located in apartment buildings. But it can also affect the owners of ordinary residential premises.

According to the bill, the homeowner has the right to dispose of the property at his own discretion. however, these actions must take into account the interests and rights of neighbors. The law has not yet entered into force, which means that you can rent an apartment in a residential building.

But even after the adoption of this project, the owners will not be prohibited from settling tenants for a short time if the neighbors do not mind, and the tenants do not break the silence and interfere with the living of those who are behind the wall.

Advantages

Renting an apartment for a few days is beneficial from the point of view of the client. Unlike hotels, such housing is affordable and meets all the necessary requirements for living. The presence of a kitchen is its significant advantage.

If, while living in a hotel, you have to spend money on cafes and restaurants, then in an apartment you can save on food by preparing it yourself.

And what are the advantages of the owner? Is it profitable to rent an apartment by the day?

Disadvantages of this type of business

Possible risks

How to rent an apartment by the day and where to start?

First of all, you need to decide on the cost. When determining the price, it is important to consider the following points:

infrastructure;
the location of the house;
repair and furnishing;
condition of furniture and equipment.

IMPORTANT: The apartment should have everything for a comfortable stay of a person. The absence of any property, for example, a washing machine, will become an obstacle to renting an object for a short time.

One of the fundamental points in determining the price is to monitor similar offers in your city. Take a look at the free bulletin boards on the Internet and find out how much the owners rent their property for.

Don't bet too much low price wanting to outperform competitors in the hope of a large flow of calls. At best, you will earn a penny, at worst, nothing at all. You should not overestimate the cost either, as many appreciate an adequate ratio of price and quality of service. Stick to the golden mean.

Do not forget that you will have to pay for utilities, so include these costs in the price.

Give ads to all newspapers (it is better to choose free editions), as well as to ad sites - avito.ru and irr.ru. In the text, describe the object in detail and indicate the price. Attach a valid photo. If you want to attract more visitors, then make a small discount for signing a contract for a week or more.

How to conclude a contract?

An important role in the question of how to properly rent an apartment for rent is played by such a document as a contract. A well-drafted contract will save you from possible risks and dangers.

A sample document can be downloaded from the Internet and adjusted to suit your personal requirements and conditions. What must be included in the document:

Full name of both parties, as well as passport data;
the subject of the contract is an apartment;
Date of preparation;
the period for which the property is provided;
amount of payment;
rights and obligations of the parties;
penalties for breach of contract and damage to property;
signatures of the parties with decoding.

When concluding a document, it is necessary to check the data of a person's passport. Also, it will not be superfluous to draw up an inventory of the property. Upon receipt of money, you can draw up a receipt so that later no one has unreasonable claims.

The contract is drawn up in a simple written form and does not require notarization. This completes the process of renting out an apartment.

Through an agency

By doing this business through a realtor, you save your time and also get more guarantees that your offer will be in demand. Most of the responsibilities are shifted to the shoulders of the agent:

search for clients;
negotiation;
drafting and conclusion of contracts;
settlement and eviction;
checking the premises.

Thus, you will only have to clean up and collect money from the agent. For that, to rent an apartment through an agency, you must write a power of attorney to the realtor. According to Art. 185 of the Civil Code of the Russian Federation, a power of attorney can be written in free form, indicating the passport details of the intermediary and principal.

In the video below, experienced notaries share their tips on how to rent an apartment without hassle.

The agency service is paid - you will have to give him about 15-25% of the profits. However, in return, you can get a large flow of customers, security of the transaction and saved time for negotiations, views and ads. Such a deal is beneficial not only to the agent, but also to the owner himself.

If you approach daily rent as a real business, you can get a good income. The main thing is not to disturb the peace of the neighbors, actively engage in the search for clients and correctly draw up documents.