Rude tenants: what to do?
Is the landlord-landlord personally liable if the tenant to whom he rented the apartment does not comply with the condominium regulations?
Rental tenants live above you. Maybe because they don't own the apartment and will probably stay there for a short time, the fact is that their behavior is rude and unfriendly. They have already been noticed in the condominium for the noise they cause every night and for inappropriate use of the elevator. Their car is often parked so as not to allow other cars to pass. You intend to do something but you don't know how to act. What to do about rude tenants? Is there a rule that protects you?
Rude tenants: is the landlord responsible?
If a person living in rent violates the condominium regulations, the condominium or the harassed person can take action either against the latter or directly against the owner of the apartment. There is what is commonly called joint liability on the part of the landlord and the tenant.
Anyone who rents the house to others remains a "condominium" and, as such, is required to respect the regulations of the building. He is, therefore, primarily responsible for the violation of internal rules.
This has been clarified several times by jurisprudence, most recently a ruling from the Rome court on May 6th. In the ruling in question, referring to the case of a noisy air conditioner installed by the tenant, the judges of the capital considered the action taken against the landlord to be legitimate. «The condominium owner who has rented his housing unit to a third party is liable towards the other condominium owners for repeated violations of the condominium regulations committed by his tenant if he does not demonstrate that he has adopted, in relation to the circumstances, the appropriate measures (...) to stop abuses, implementing initiatives that can go as far as requesting early termination of the rental relationship".
In essence, as already explained by the Court of Cassation [1], if the tenant does not respect the condominium regulations, the landlord is required to impose compliance with the rules and to prevent violations, possibly activating the eviction procedure.
In fact, the rental contract usually contains the obligation to comply with the regulation and the violation of this obligation constitutes grounds for termination of the contractual relationship. But even where this provision has not been included, it remains the homeowner's duty to ensure that tenants do not bother other condominium owners.
Consider the case of a tenant who, despite the prohibition contained in the condominium regulation, uses the apartment as a guesthouse or as a B&B or who makes noise during times within which the aforementioned regulation requires not to disturb.
The warning to the administrator
Rude tenants who do not respect the rules can be reported to the administrator. The head condominium owner, in fact, even if he cannot intervene in private disputes between the various owners, has the duty to guarantee compliance with the regulation.
It can also do so by imposing sanctions of up to 200 euros (800 euros in the event of repeat offences), but only if authorized by the assembly. In practice, there must be a meeting resolution that integrates the regulation allowing the administrator to sanction violators. Read our guide on condominium sanctions: how to apply them. The administrator will not be a sheriff: therefore, before applying the sanctions, he will have to ask the assembly for consent.
But be careful: the administrator can only address those who are condominium owners, while the tenant is not one. Therefore, any written or verbal warnings, as well as the application of sanctions, must necessarily be addressed to the owner of the property and not to the tenant. If the landlord does not voluntarily pay the fines, the condominium can take action against him in court and obtain a conviction by virtue of which it can then proceed with a foreclosure.
Lawsuit against rude neighbors
The direct and immediate responsibility of the landlord does not exclude the possibility, both for the condominium (only if there is a violation of the regulation) and for the individual harassed condominium owner, to take action against rude neighbors even if they are renting. The action, aimed at obtaining from the judge an injunction to the continuation of the annoying conduct, can also be carried out urgently where the conditions are met: that is, there must be the need to put an end to the disturbance as soon as possible which otherwise could cause irreparable damage . In addition, you can also request compensation for damages.
In more serious cases, it is possible to report the dangerous neighbor for condominium stalking. In this case we move on to criminal proceedings. Jurisprudence has recognized the existence of persecutory acts even in the presence of little harassing conduct.
The definition of stalking offered by the Criminal Code is particularly broad, so much so that it includes a large series of cases. In particular, the law punishes anyone who, through repeated conduct, threatens or harasses someone to the point of causing a persistent and serious state of anxiety or fear; or to give rise to a well-founded fear for one's own safety or that of a close relative or of a person linked to the same by an emotional relationship; or to force them to alter their lifestyle habits.
Note
[1] Cassation sent. n. 11859/2011. See also Milan Tribunal, sentence. of 02.22.2018 and Cass. sent. n. 11383/2006: «on the subject of condominium buildings, the condominium owner who has rented his housing unit to a third party is liable towards the other condominium owners for repeated violations of the condominium regulations committed by his tenant if he does not demonstrate that he has adopted, in relation to the circumstances, the appropriate measures, in accordance with the general criterion of diligence established by the art. 1176 cc, to put an end to the abuses, by implementing initiatives that can go as far as requesting early termination of the rental relationship. (In this case, in which the tenant of a premises repeatedly violated the closing time established by the condominium regulations, the SC overturned the ruling on the merits which had acquitted the condominium landlord, observing that he could have put an end to the violations by acting in judgment for the termination of the rental contract)".
Rude tenants: what to do?
Is the landlord-landlord personally liable if the tenant to whom he rented the apartment does not comply with the condominium regulations?
Rental tenants live above you. Maybe because they don't own the apartment and will probably stay there for a short time, the fact is that their behavior is rude and unfriendly. They have already been noticed in the condominium for the noise they cause every night and for inappropriate use of the elevator. Their car is often parked so as not to allow other cars to pass. You intend to do something but you don't know how to act. What to do about rude tenants? Is there a rule that protects you?
Rude tenants: is the landlord responsible?
If a person living in rent violates the condominium regulations, the condominium or the harassed person can take action either against the latter or directly against the owner of the apartment. There is what is commonly called joint liability on the part of the landlord and the tenant.
Anyone who rents the house to others remains a "condominium" and, as such, is required to respect the regulations of the building. He is, therefore, primarily responsible for the violation of internal rules.
This has been clarified several times by jurisprudence, most recently a ruling from the Rome court on May 6th. In the ruling in question, referring to the case of a noisy air conditioner installed by the tenant, the judges of the capital considered the action taken against the landlord to be legitimate. «The condominium owner who has rented his housing unit to a third party is liable towards the other condominium owners for repeated violations of the condominium regulations committed by his tenant if he does not demonstrate that he has adopted, in relation to the circumstances, the appropriate measures (...) to stop abuses, implementing initiatives that can go as far as requesting early termination of the rental relationship".
In essence, as already explained by the Court of Cassation [1], if the tenant does not respect the condominium regulations, the landlord is required to impose compliance with the rules and to prevent violations, possibly activating the eviction procedure.
In fact, the rental contract usually contains the obligation to comply with the regulation and the violation of this obligation constitutes grounds for termination of the contractual relationship. But even where this provision has not been included, it remains the homeowner's duty to ensure that tenants do not bother other condominium owners.
Consider the case of a tenant who, despite the prohibition contained in the condominium regulation, uses the apartment as a guesthouse or as a B&B or who makes noise during times within which the aforementioned regulation requires not to disturb.
The warning to the administrator
Rude tenants who do not respect the rules can be reported to the administrator. The head condominium owner, in fact, even if he cannot intervene in private disputes between the various owners, has the duty to guarantee compliance with the regulation.
It can also do so by imposing sanctions of up to 200 euros (800 euros in the event of repeat offences), but only if authorized by the assembly. In practice, there must be a meeting resolution that integrates the regulation allowing the administrator to sanction violators. Read our guide on condominium sanctions: how to apply them. The administrator will not be a sheriff: therefore, before applying the sanctions, he will have to ask the assembly for consent.
But be careful: the administrator can only address those who are condominium owners, while the tenant is not one. Therefore, any written or verbal warnings, as well as the application of sanctions, must necessarily be addressed to the owner of the property and not to the tenant. If the landlord does not voluntarily pay the fines, the condominium can take action against him in court and obtain a conviction by virtue of which it can then proceed with a foreclosure.
Lawsuit against rude neighbors
The direct and immediate responsibility of the landlord does not exclude the possibility, both for the condominium (only if there is a violation of the regulation) and for the individual harassed condominium owner, to take action against rude neighbors even if they are renting. The action, aimed at obtaining from the judge an injunction to the continuation of the annoying conduct, can also be carried out urgently where the conditions are met: that is, there must be the need to put an end to the disturbance as soon as possible which otherwise could cause irreparable damage . In addition, you can also request compensation for damages.
In more serious cases, it is possible to report the dangerous neighbor for condominium stalking. In this case we move on to criminal proceedings. Jurisprudence has recognized the existence of persecutory acts even in the presence of little harassing conduct.
The definition of stalking offered by the Criminal Code is particularly broad, so much so that it includes a large series of cases. In particular, the law punishes anyone who, through repeated conduct, threatens or harasses someone to the point of causing a persistent and serious state of anxiety or fear; or to give rise to a well-founded fear for one's own safety or that of a close relative or of a person linked to the same by an emotional relationship; or to force them to alter their lifestyle habits.
Note
[1] Cassation sent. n. 11859/2011. See also Milan Tribunal, sentence. of 02.22.2018 and Cass. sent. n. 11383/2006: «on the subject of condominium buildings, the condominium owner who has rented his housing unit to a third party is liable towards the other condominium owners for repeated violations of the condominium regulations committed by his tenant if he does not demonstrate that he has adopted, in relation to the circumstances, the appropriate measures, in accordance with the general criterion of diligence established by the art. 1176 cc, to put an end to the abuses, by implementing initiatives that can go as far as requesting early termination of the rental relationship. (In this case, in which the tenant of a premises repeatedly violated the closing time established by the condominium regulations, the SC overturned the ruling on the merits which had acquitted the condominium landlord, observing that he could have put an end to the violations by acting in judgment for the termination of the rental contract)".