Are my neighbors allowed to rent out the apartment next to mine on Airbnb - is it legal?

KseniyaMorozova RU 📗 Student 👁 63 ⚑ Report Civil Law

In our building, a family has been renting out their apartment to tourists through Airbnb for six months now. There's constant noise, guests partying late into the night, trash in the elevator. Is there any way to stop them? Isn't this illegal?

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We have a similar situation in our building - the apartment across the way has been rented out to tourists for about two years now, so I'm familiar with this. Whether it's legal depends on what's written in your building's charter and local municipal regulations. In most regions, short-term rentals through Airbnb in an apartment building are either prohibited entirely or require the consent of the majority of owners and registration in special registries. Check your building's charter - there's usually a section about commercial activities in apartments. Also look up regional ordinances for your city or region - many cities have introduced restrictions on short-term rentals specifically because of noise and maintenance issues.

Actual steps you can take: first, file a complaint with the management company about noise and violations of order in common areas (trash in the elevator is clearly a violation). At the same time, get signatures from other neighbors and approach the building administration or call a general meeting of owners - bring up the issue of banning this kind of rental. If your region has a registry for short-term rentals, check whether this apartment is registered - if it isn't, you can file a complaint with the municipality or with the consumer protection agency about violation of sanitary standards. It sounds like a hassle, but people actually do get results this way.

Don't try to sort this out directly with your neighbors - it usually just ends in a fight.

First, check your building's charter and the rules for managing the apartment complex, then collect written complaints from other neighbors and file them with the management company or homeowners association.

If that doesn't work, you can contact your district administration - in many regions there are restrictions on Airbnb rentals, like limits on how many days per year or registration requirements. The key thing is to document everything (dates of violations, photos of trash, recordings of noise), otherwise your complaint will just get buried.

Anyway, a couple years ago I got into a similar situation at my dacha - my neighbor on the property was renting out his house to tourists, and it was the same mess with noise and trash. What really helped me was checking the internal building regulations specifically, because municipal rules are one thing, but the building charter can be stricter. In our apartment complex we found a clause that prohibited renting out apartments for periods less than three months, and the management company quickly forced the neighbors to stop.

If your charter doesn't have anything about it, you'll have to collect a collective complaint with photos and videos of the violations - the management won't act without evidence.

I've dealt with this at home when a neighbor started renting out a room through Airbnb. It turned out pretty quickly that our building's documents don't have a direct ban, but there's a clause about "using the apartment for its intended purpose" and "ensuring neighbors' right to peaceful enjoyment of their property." It turned out that was enough to work with.

Here's the short version of the process: first, definitely check your building's charter and internal regulations (like others have already suggested). At the same time, collect written complaints from everyone bothered by the noise and mess - you'll need these for the management company. Important thing: complain specifically about violation of quiet enjoyment and sanitary standards, not just about the rental itself. In Russia, many cities have passed local ordinances banning short-term rentals in apartment buildings - check your local administration's orders.

If the charter and local rules allow it, the management company can fine them. If that doesn't work, you can file a complaint with the housing inspection or go to civil court over the violation of neighbors' rights. Court takes time, but that's what actually works in the end.

First, forget about personal conversations and threats - that will only make things worse and could backfire on you. I know this problem firsthand: my building had the same issue with a neighbor renting out an apartment through Airbnb, and it was impossible to sleep. What actually helped was when we collected written complaints from several neighbors (including about noise violations during quiet hours), filed them with the management company, and demanded they check the building charter - it turned out there was a clause banning short-term rentals.

Start with the documents: the building charter, the management company rules, local regulations. At the same time, you can file complaints with the management company or the district administration about specific noise and sanitation violations - that's a separate issue, regardless of whether it's tourists or not. If the charter allows rentals but the building rules are being broken (for example, noise after 11 PM), that's a direct violation on their part.

The house documents are definitely the first thing you need to check, but there's another point that often gets overlooked: see if the management company or HOA has the ability to fine the owner specifically for violating the rules on how a residential property can be used. Even if the bylaws don't explicitly ban short-term rentals to tourists, there are usually clauses saying the apartment can't be used in a way that harms neighbors or infringes on their right to peaceful enjoyment of their home - and that's solid grounds 😊

Pro tip: submit a complaint to the HOA at the same time as filing a formal claim with your local housing authority - they check whether this kind of activity complies with fire safety and sanitation standards for residential buildings, and that usually works faster than fighting it out through the bylaws. It's also helpful to document the violations (videos or photos of trash, noise recordings with date and time stamps) - when you have evidence, the case gets taken much more seriously.

In most regions, Airbnb in residential buildings is either prohibited or requires a separate permit and taxes - but whether it's legal depends on your city and your building's charter 😕

I had a friend in a similar situation - their neighbor was also renting out an apartment to tourists, and the first thing they did was check the building's documents. It turned out their charter had a clause banning commercial use of residential property. After that, a complaint to the management company went through pretty quickly, and the neighbor had to stop. But it all depends on what's actually written in yours.

Tip: look at your building's charter and management rules (the management company or homeowners association should provide them), then collect written complaints from other neighbors and file an official complaint. Without documents in hand, it'll be harder to prove anything.

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