Sample application to the tax office about illegal rental of an apartment

Where to go?

The appeal to the authority will depend on what kind of complaints a person wants to make against neighbors.

  1. Where can I complain about neighbors who rent out an apartment to people who lead an immoral lifestyle, drink alcohol, become rowdy, thereby disturbing others ? You should contact the local police officer . The district police officer will be required to conduct an explanatory conversation with both the tenants and the owner, warning about the consequences of illegally renting out residential premises.
  2. Where can I complain if my neighbors rent out their apartment to migrants? You need to contact the migration service. Its representatives will conduct a check on the persons, establishing the order of their location and the availability of temporary registration.
  3. Where can I complain if my neighbor rents out an apartment and doesn’t pay taxes? When residents suspect that the owner is renting out housing illegally, without an appropriate agreement, contacting the tax authorities .
  4. If tenants violate sanitary conditions, spread dirt in the apartment and common areas (entrance, local area), it is necessary to contact the sanitary-epidemiological service or Rospotrebnadzor.

We’ve figured out where to complain about neighbors who rent out an apartment illegally, and then we’ll talk about how to file a complaint.

More details about which authorities you can complain about your neighbors to in various situations can be found here.

Application for an investigation into illegal receipt of profit from renting an apartment

Federal Tax Service of Russia for Moscow ________________________________

From ____________________________ Address: _________________________

Statement

I, ______________________________, born _________, was the tenant of a room in an apartment belonging to _____________________. By verbal agreement with _____________, the monthly payment for living in the room was __________ rubles. At the same time, simultaneously with the first payment, __________ insurance deposit in the amount of __________ rubles was transferred, to be returned to the tenant at the end of the contract. I lived in the apartment __________ from __________ and regularly paid the fee established by the agreement between me and __________________ The last payment was made by me on ___________, after which I intended to stop living in the room I occupied. However, ____________ refused to pay me the amount of the security deposit, which is subject to return upon termination of the rental agreement. _____________ expressed his evasion of payment of the amount to be returned in rude form, which is confirmed by an SMS message sent by him to my phone number. The fact of my residence at ___________ can be confirmed by neighbors and the concierge. Currently, I still have the key to the apartment _____________ Moreover, there is a receipt drawn up by _____________, which confirms the existence of a contractual relationship between us. Thus, a rental agreement was concluded between me and ___________ orally, and a mandatory condition of this agreement was the return of a security deposit in the amount of ________ rubles from _______________ ___________ violated the terms of the agreement, which entailed adverse consequences for me in the form of losses. In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits). Article 171 of the Criminal Code of the Russian Federation provides for liability for carrying out business activities without registration or without a license in cases where such a license is required, if this act has caused major damage to citizens, organizations or the state or is associated with the extraction of income on a large scale. ______________, illegally rents out an apartment that belongs to him and derives constant income from this. According to Article 144 of the Criminal Procedure Code of the Russian Federation, the inquirer, the inquiry body, the investigator, the head of the investigative body are obliged to accept, verify a message about any committed or impending crime and, within the competence established by this Code, make a decision on it within no later than 3 days from the day of receipt of the specified message. When checking a report of a crime, the inquiry officer, the inquiry body, the investigator, the head of the investigative body has the right to demand documentary checks, audits, studies of documents, objects, corpses and to involve specialists in these checks, audits, studies, and to give the inquiry body a binding written order. on carrying out operational search activities. Currently, I have appealed to the police to protect my rights. In accordance with Art. 2 Federal Law of 02.05.2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal must not violate the rights and freedoms of others. Consideration of citizens' appeals is free of charge. Based on the above, guided by art. 2 Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”, I ask:

1. Conduct an investigation against ____________________ on the fact of illegally receiving profit from renting out an apartment he owns. 2. Inform me in writing about the results of the inspection.

"___" _______2014 _________________________________________________

Neighbors rent an apartment without a contract - where can I complain?

By law, when renting out an apartment, you must enter into a lease agreement, which will spell out the guarantees and responsibilities of both parties. Such an agreement indicates the inviolability of the owner’s personal property and guarantees the safety of the residential premises.

But if the agreement is concluded, the owner will be required to pay taxes on amounts received from tenants.

Therefore, for the sake of greater profit, many owners ignore the conclusion of a formal contract.

In the event of a complaint against tenants during unofficial rental housing, the owner of the apartment will bear responsibility for illegally obtaining benefits.

If there is information confirming that tenants are renting living space without concluding a rental agreement, you can complain directly to the owner who rents out the housing.

Where to complain if neighbors rent out an apartment

In the event that the owner of an apartment rents it out on illegal grounds, and his tenants are constantly rowdy, simply making noise and do not comply with the rules of cleanliness adopted in the house, then, of course, it is necessary to find justice for them. It is worth paying attention that it must be provided for by law, otherwise the apartment owner or tenants may write a counter statement. Where can you file a complaint about your neighbor's tenants:

  • To the police, by filing a statement addressed to the local police officer;
  • To the prosecutor's office, if the district police officer is inactive or his actions do not bring results;
  • To Rospotrebnadzor, if the apartment is kept in unsanitary conditions;
  • To the migration service, if the tenants are citizens of another state.

Important! Before taking any other measures, you should have a conversation with both the owner of the apartment and his tenants. If measures are not taken in response to “pacify” the tenants, you can contact the tax office with an application to verify the legality of renting out the apartment.

Not all complaints from neighbors are accompanied by checks from law enforcement agencies, therefore, first it is worth preparing evidence that there is indeed a fact of violations by the tenants of the neighboring premises.

Owner's responsibility

If there is a proven fact of illegal rental of living space, the owner will be punished for the administrative offense committed. The mildest are penalties.

If guilt is confirmed, the owner will be required to pay:

  • tax for the entire period of housing delivery;
  • a fine of at least 20% of the assessed tax.

If a person refuses to pay the tax and fine, he is subject to a second penalty and the amount of the fine is doubled. Willful defaulters who have a debt of more than 100-300 thousand rubles in fines may face criminal penalties with real restrictions or imprisonment.

Reference. If a person informally rents out a municipal apartment, foreclosure may lead to the eviction of the tenant for violating the right to use municipal housing.

How to write a complaint to the tax office against a neighbor?

If tenants discover that one of the owners is renting out an apartment unofficially, while the tenants lead an immoral lifestyle, smoke in the entrance, create unsanitary conditions, interfere with normal life and recreation, they should write a statement (complaint) to the police, management company, tax or migration authorities .

It is extremely important to draw up the document correctly from a legal point of view. In the upper right corner there is written a “cap” - the exact name of the authority indicating the full address and zip code, or the full name and position of the authorized person; Next, you need to provide personal information (full name and address, telephone or email). If the complaint is collective, it is necessary to indicate the details of all persons.

An example of a “header” when drawing up a collective statement:

To the head of OB-2 for the Samoilovsky district, police lieutenant colonel Petrov S.A. From the collective of residents living at the address: r.p. Samoilovka, Moskovsky p. 65: Viktor Aleksandrovich Onyushkina - apt. 16; Zherebtsova Elena Viktorovna – apt. 17; Elena Sergeevna Vilkina – apt. 15

Next, the text of the application itself is written; the short statement should detail and clearly state the essence of the complaints being made, based on the provisions of the current legislation. You can refer to the following acts:

  • LC RF Article 30 and Civil Code RF Article 209;
  • Constitution of the Russian Federation (Article 17);
  • “Rules for the use of residential premises” (clauses 6-10);
  • Federal Law “On the sanitary and epidemiological welfare of the population.”

When writing the main part of the application, it is important to indicate:

  1. address of residents or tenants violating the rules of the hostel;
  2. a specific list of violations (systematic noise at night, causing damage to common areas);
  3. measures of influence.

Example of writing the main part:

Statement

We, the undersigned, ask you to take action regarding the periodic violation of public order by residents renting an apartment at the address: Saransk, st. Central, 8, apt. 25 with bringing them to administrative responsibility.

List of violations:

  1. accommodation in the apartment is carried out without temporary registration and a rental agreement, which is confirmed by the tenants themselves.
  2. Smoking in the entrance.
  3. Listening to loud music, fighting and brawling at night.

These violations contradict the requirements of Art. 17, clause 4 of the Housing Code of the Russian Federation; the contents of paragraphs 6, 10 “Rules for the use of residential premises.” Residents do not respond to numerous requests and comments, or are rude and make threats. We ask you:

  1. Bring to justice the owner of the apartment L.N. Paramonov. for renting out housing on illegal grounds.
  2. Influence residents by explaining the rules of the dormitory in an apartment building.

If you refuse to resolve the situation, we ask you to provide an official response with a specific explanation of the impossibility of stopping the illegal behavior of the residents of the apartment. 25.

Below after the main part there is a date and signature.

Important. The application can be submitted in person, with mandatory registration by an authorized person, or by registered mail.

The landlord does not pay taxes: a complaint to the Tax Inspectorate

Article 208 of the Tax Code provides that all income that a citizen receives must be taxed. Administrative liability arises for receiving income without paying taxes.

However, most landlords ignore the law, thereby evading taxes. In relation to such persons, you can complain to the tax office using the service’s online service. To do this, go to the “Electronic Services” section.

When contacting in person, you can report an offense either orally or by submitting a written statement.

Evidence base

It is not difficult to prove the fact that unauthorized persons are living in the apartment.

This is done by contacting the local police officer, who, during a visit to the apartment, will check the documents of all residents. Plus, the testimony of neighbors and other residents of the apartment building will confirm this.

If a complaint against tenants is related to their antisocial behavior, as evidence, attachments to the application, you can provide written testimony from the residents of the house , a certificate with information about all calls to the police, orders from the sanitary and epidemiological service about violating the maximum level of silence and polluting common areas.

It is more difficult to prove the fact of illegal rental housing and the fact that the owner received money for it. Receipts for the transfer and receipt of money can serve as proof. But tenants and the owner rarely write receipts to protect themselves.

Evidence can be provided by the testimony of a person who directly saw the transfer of money for renting an apartment.

Response time

After submitting a complaint in writing in person to the authority or by mail, it is considered and the accuracy of the evidence base (certificates, copies of protocols, decisions) is checked. If the application is drawn up incorrectly, with information that appears to be dubious, consideration may be refused.

Attention! If the complaint is accepted for consideration, a response will occur within 30 calendar days. When filing a complaint about illegal rental of housing with the tax service or migration authorities, inspections are carried out quickly, within a few days.

A response about the inspection carried out and its results can be sent to the complainant by registered mail or by email if her address was indicated in the complaint.

Writing a complaint against neighbors may be required in a variety of cases. Read about how and where to complain about neighbors about repairs and barking dogs.

Actions of government structures

The options for influencing tenants and owners who rent out an apartment illegally may vary:

  • when filing a complaint with the district police officer, residents will have an explanatory conversation; if the fact of illegal rental is confirmed, a fine will be imposed on the owner;
  • on the part of the tax authorities - collection of taxes in the amount of 13% of the amount received from tenants;
  • on the part of migration services - eviction of citizens who do not have registration;
  • from the police - warning, arrest, eviction in case of repeated violations of order and immoral lifestyle.

Where to complain if neighbors illegally rent out an apartment, and the above-mentioned authorities do not respond to complaints? You can safely contact the prosecutor’s office or court directly after collecting strong evidence.

Renting out an apartment is a good way to increase your monthly income. However, many people forget about the requirements of the law, wanting to save money.

Illegal rental of housing to tenants may sooner or later be detected. And fines, penalties, and litigation lead to even greater costs. Therefore, owners must approach the rental of housing wisely.

Complaint to the tax office about renting out an apartment

I rented an apartment for 11 months, at the end of the 11th month the landlady asked me to move out. Since the lease agreement for the premises had expired, and the landlady refused to renew the contractual relationship with me, I moved out, but friction arose with the landlady, or rather a wild scandal. I accepted the apartment in good condition and rented it out. But the hostess was not happy with everything and did not want to refund the amount that was included in the deposit.

After some thought, I decided to notify the tax authorities about the fact of renting out the residential premises. The contract was left in hand, as well as a receipt for monthly payments for accommodation, which the hostess signed. During my stay, I gave her about 270,000 rubles. I also paid utilities, but this is not stated anywhere. There are only photographs of checks and receipts. I was not temporarily registered in the apartment; I have registration in a different region.

What documents does a tenant need to file a complaint with the tax authorities?

Where exactly should I apply?

What awaits the landlord and tenant after the tax authorities are informed about the illegal rental of an apartment?

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