Problems the Neighbor Faces
The constant short-term rental of a unit creates concrete problems for other residents: security concerns due to constantly changing strangers, late-night noise, heavy and careless use of common areas (elevator, parking lot, entrance), and compromised security of building keys/codes. These are not just annoyances but violations of legally protected interests.
The Owners\' Right
Short-term rental in an apartment is, as a rule, subject to the unanimity of all owners; we covered the details of this requirement in our is Airbnb legal article. Owners who do not give consent have the right to oppose unauthorized rental. In addition, if the rental disturbs communal life, each owner acquires legal rights against this disturbance.
Steps Management Can Take
When management detects the situation, it should proceed gradually:
- 1. Detection and record: Unauthorized short-term rental is documented (listings, entries and exits, complaints).
- 2. Written warning: The owner concerned is notified in writing that the situation is contrary to law.
- 3. Board decision: If the problem continues, the board of unit owners discusses the matter and takes a decision.
- 4. Legal/administrative application: If no result is obtained, the administrative authorities and the court may be consulted.
This gradual approach is both courteous and legally sound.
The Importance of Keeping Records
The strongest tool against unauthorized rental is regularly kept records: dates, complaints, observations, and warning correspondence. Recording complaints and notices in a digital management system ensures the process proceeds on solid ground. Undocumented complaints remain weak in legal proceedings.
Security Measures
In buildings with short-term rentals, management may take measures to increase common-area security: reviewing entrance security, cameras (in compliance with KVKK rules), and updating the code/key system. Attention must be paid to KVKK rules in camera installation; we covered this in our apartment camera and KVKK article.
Common Mistakes
- Direct confrontation: Gradual, recorded progress is more effective.
- Not keeping records: Undocumented complaint falls short in legal proceedings.
- Bypassing management: Acting individually without taking the problem to the board weakens the process.
This content is for informational purposes. Consult a legal counsel for a specific dispute.
İçerik, apartman ve site yönetiminde 8 yıllık saha deneyimine sahip Apt Yönet ekibi tarafından, yürürlükteki yasal mevzuat ve Yargıtay içtihatları gözetilerek hazırlanmıştır.
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