Daily Rental of Residential Premises: Finding a Balance of Interests and Implementating of the Principle of Solidarity in Judicial Practice and Legislation

Abstract

The article shows that despite the steady growth in demand for daily rental of residential premises, the use of apartments for designated purposes raises many questions in society, legal doctrine and judicial practice, among which is the issue of the ratio of short-term rentals and the provision of hotel services, as well as the need to ensure a balance of interests between owners of residential premises leased daily hiring, and persons permanently residing in an apartment building (neighbors) and thus implement the principle of solidarity, and protection of the right to housing at the same time as the economic efficiency of the use of living space. The authors proceed from the fact that at the moment the relations developing in connection with the daily rental of residential premises do not have a clear legal regulation, which entails the need in each specific situation to raise the question of the legal qualification of the concluded contract, and often requires judicial interpretation. Analyzing judicial practice, the draft law with the proposed amendments, as well as the doctrine, the authors conclude that when qualifying a contract mediating the transfer of an apartment for daily rent, the differentiation should primarily occur based on the intention to create a sufficiently stable connection with the place of residence. Some ways are proposed to ensure a balance between the interests of the owners of apartments for rent, on the one hand, and neighbors, on the other hand. In conclusion, it is summed up that this problem requires a thoughtful and adequate response from the legislator, and the hope is expressed that in the new law and the judicial practice that develops on its basis, it will be possible to ensure a balance of interests and implement the principle of solidarity.