Question

Громадянин Радонюк здав під офіс туристичній фірмі ТОВ "Гарант" власну квартиру. 2-кімнатна квартира на 3-му поверсі 15-ти поверхового будинку мала бути використана для адміністративних потреб ТОВ строком на 2 роки. Численна кількість відвідувачів фірми створювала незручності для мешканців будинку, які поставили вимогу перед Радонюком про розірвання договору. Проаналізуйте ситуацію. Який порядок здачі в оренду житлових приміщень? Яким чином мешканці житлового будинку можуть захистити свої права?

Answer 1

Situation Analysis: Renting Residential Premises

In the given situation, Mr. Radonyuk rented out his 2-bedroom apartment on the 3rd floor of a 15-story building to the tourist firm "Garant" for a period of 2 years. However, the large number of visitors to the firm caused inconvenience to the other residents of the building, who demanded the termination of the contract with Mr. Radonyuk. Let's analyze the situation and discuss the process of renting residential premises and how residents can protect their rights.

Renting Residential Premises: Procedure and Regulations

Renting residential premises involves a legal process that is governed by specific regulations. In Ukraine, the procedure for renting residential premises is regulated by the Civil Code of Ukraine, the Housing Code of Ukraine, and other relevant legislation. Here are the key steps involved in renting residential premises:

1. Negotiation and Agreement: The landlord and the tenant negotiate the terms and conditions of the rental agreement, including the duration of the lease, rent amount, and any additional terms. It is important to have a written agreement that clearly outlines the rights and obligations of both parties.

2. Registration of the Agreement: The rental agreement should be registered with the local housing authority within 10 days from the date of its signing. This registration provides legal protection for both the landlord and the tenant.

3. Rights and Obligations: The landlord has the right to receive rent payments on time and to ensure that the tenant uses the premises in accordance with the agreed terms. The tenant has the right to use the premises for residential purposes and to expect the landlord to maintain the premises in a habitable condition.

4. Termination of the Agreement: The rental agreement can be terminated by mutual agreement of the parties, expiration of the agreed term, or in case of a breach of the agreement by either party. The termination process should be carried out in accordance with the terms specified in the agreement and the applicable laws.

Protecting Residents' Rights

In the given situation, the residents of the building have expressed their dissatisfaction with the inconvenience caused by the large number of visitors to the tourist firm. To protect their rights, the residents can take the following steps:

1. Communication: The residents can communicate their concerns to Mr. Radonyuk and request that he takes appropriate measures to address the inconvenience caused by the visitors. It is important to maintain open and respectful communication to find a mutually acceptable solution.

2. Legal Action: If the issue is not resolved through communication, the residents can seek legal assistance to protect their rights. They can consult with a lawyer who specializes in housing law to understand their legal options and to take appropriate legal action, if necessary.

3. Reporting to Authorities: The residents can report the situation to the local housing authority or other relevant authorities, providing them with all the necessary information and evidence. The authorities can investigate the matter and take appropriate actions to ensure compliance with the regulations governing the use of residential premises.

It is important to note that the specific actions to be taken by the residents may vary depending on the circumstances and the applicable laws in their jurisdiction. Therefore, it is advisable for the residents to seek legal advice to understand their rights and options in their specific situation.

Conclusion

Renting residential premises involves a legal process governed by specific regulations. In the given situation, the residents of the building can communicate their concerns to Mr. Radonyuk and seek legal assistance, if necessary, to protect their rights. It is important for both landlords and tenants to understand their rights and obligations and to comply with the applicable laws and regulations to ensure a fair and harmonious living environment.