Renting an apartment has advantages and disadvantages. Of course, in the face of the fruits that can be obtained, there are also substantial burdens to pay. One of them consists, in fact, in the liability that remains towards third parties, despite the fact that the apartment is sold to the tenant.
That said, the question related to the topic in question arises, that is: “if my tenant damages another condominium, who pays?”. In this regard, it should be noted that the owner of a property retains legal availability, as well as the custody of the wall structures and systems of the same. Therefore, it is also exclusively responsible for damages caused to third parties, despite having granted the leased property.
This in force of articles 2043 and 2051 Civil Code. Therefore, this means that for the damages caused to the condominium and to the other condominiums, the owner will be the only person who will be called to respond. He, then, in turn, can retaliate against his tenant, if the damage depends on the fact of the same and it is not something inherent to the structure and condition of the property.
When the landlord can retaliate against the tenant
So to the question formulated above, that is: “if my tenant damages another condominium, who pays?”, Further details must be added. Specifically, it is necessary to clarify when the owner can retaliate against the tenant for damage caused to the condominium or other condominiums and when not. For example, the responsibility falls on the tenant if he has caused damage, acting contrary to the powers granted him for the use of the rented property. The same is true if he has used common things in a way that is not in accordance with the law or regulation.
Think of the hypothesis in which the tenant damages the condominium stairs by making heavy objects fall into them, which cause the pavement to break. In this case, the cause of the damage is to be attributed to him alone. However, the condominium will take action against the owner and the latter, in turn, will claim against his tenant.
Another hypothesis could be that of a fault originating from the omitted ordinary maintenance of equipment of which the tenant has direct availability. Even in this case, since the ordinary maintenance is the responsibility of the same, the owner will certainly be able to claim against him for the resulting damages.
Deepening
Can you withdraw from the lease without notice because you are in financial difficulty?
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