Violation of condominium rules by the tenant

The lease is terminated if the tenant violates the condominium regulations

It may happen, when a rental contract is stipulated regarding a property located in a condominium building, that the‘tenantduring the course of the rental relationship, behaves in such a way as not to respect the other condominiums or in any case to violate the condominium regulation.

Lease dissolution – photo Getty Images

In the event that the tenant violates the clauses contained in the regulation he examined when signing the rental contract, the landlord will be entitled, in the event of repeated violations, to take action to obtain the termination of the lease.

Let’s see in more detail how to proceed.

The tenant’s responsibility in case of violation of the condominium regulations

When entering into a rental agreement the tenant can subscribe a clause contained therein in which he undertakes to respect the provisions of the condominium regulation.

In this case, the condominium regulation becomes a full part of the agreement between the landlord and the tenant.

It may also happen that there is no express contractual provision in this regard but that the tenant still violates the rules of the condominium regulations.

It could for example park the car in a place that doesn’t belong to him, smoking in the common areas, making loud noises at night.

The question that could be asked is whether, even in this hypothesis, he is subject to all the limits imposed by the regulation on other condominium owners.
His position is therefore equated to that of the other participants in the condominium?

The answer is positive, so much so that thecondominium administrator can contact the tenant directly, even though he is not technically a condominium owner, as he is not the owner of the property.

You will therefore be able to ask for theinhibition of the harmful behavior and, if the invitation made kindly does not have any effect, he would have the power to take judicial action against him in order to obtain the cessation of the illegitimate conduct.

What are the responsibilities of the landlord

In all of this we cannot assert that the owner of the rented property has no role in ensuring that the condominium regulations are respected by the tenant.

In fact, one can be recognized joint liability towards the condominium, repeatedly underlined by jurisprudence, between landlord and tenant.

Violation of condominium regulations – photo Getty Images

In fact, the administrator could decide to contact the landlord directly to invite his tenant to behave correctly towards the other condominiums and the common areas, respecting everyone’s rights.

Il lessor is required to impose the compliance with the regulation and to prevent any harmful behaviour.

The administrator will therefore be able to request the compensation for any damages also to the landlord.

This is without prejudice to the possibility for the latter to take action against the tenant, effectively responsible of the harmful event.

Termination of the rental contract

Il rental agreement it is a contract with corresponding services, this means that they arise from it obligations borne by both parties.

The lessor is required to deliver the house without defects and in good condition so that it can be used according to the agreed use, for his part the tenant is required to enjoy the property with the ordinary diligence and to pay the fee.

Tenant violates rules – photo Getty images

In case of negligent behavior e harmful towards the property and the common areas, if this property is part of a condominium, there is a real abusive behavior which implies a breach of contract.

In case of non-compliance the lessor will be entitled to request it dissolution of the contract.

In this case, the Court of Cassation has repeatedly highlighted that the repeated violation of the condominium regulations must be ascertained, an isolated case not being enough. Tenant behavior that does not comply with the clauses contained herein must not be occasionally implemented.

There must be a recurrence sufficient to justify thetermination of the rental relationship.

Il condominium regulationWe remember that it is an essential document that constitutes the set of rules to be respected to guarantee harmonious coexistence and contains the rules that allow the best management and use of common services and goods.

For it dissolution of the contract It is important to point out that the quicker eviction procedure cannot be used as it is reserved solely for cases in which there is default of the tenant.

It will therefore be necessary to contact the Court to initiate an action ordinary cause with the longest investigation times.

To this end, it will be necessary to provide suitable demonstration, including through photos, videos or testimonials of the illicit behavior of the tenant or his family members.