What to do if the tenant does not pay for the condominium?

In most cases we are faced with tenants who do not pay the rent to the homeowner. Sometimes, however, we are faced with situations in which the tenant does not pay the condominium expenses and this is still a problem. This is because the condominium expenses are part of the economic agreements that access the leasetherefore, they also fall within the contractual fulfillment. Naturally, the possibility of adopting different agreements with regard to these expenses falls within the freedom of the parties.

However, when they are charged to the tenant, they will represent those accessory charges, which must be fulfilled together with the payment of the rent. Consequently, their non-fulfillment will follow the fate of the non-payment of the sum paid for the enjoyment of the property. In other words, the remedy granted to the lessor will be the same as that which is activated in the event of non-payment of the rent, that is the evicted for default.

However, the condominium can only act towards the tenant to obtain the payment of condominium charges and not towards the tenant. Therefore, the administrator, on behalf of the condominium, will not be able to notify the injunction to the tenant but only to the owner of the property for which there is default. The latter, in turn, will activate the tools mentioned above.

What to do if the tenant does not pay for the condominium?

So, getting to the heart of the topic, let’s try to indicate, in practical terms: “what to do if the tenant does not pay for the condominium”. Well, as anticipated, you can appeal to the Court to request the termination of the contract and the contextual eviction for arrears. However, the appeal to the court provides for the overcoming of a minimum limit of fees or charges not paid.

On this point, in fact, the Supreme Court has clarified that the landlord can order the eviction, not only when the tenant is in default in the payment of the rent. It can do so even if the arrears concern condominium charges. Therefore, conditions must be met and that is: if it is a question of lease for residential use, the amount due must exceed at least two months’ rent.

If, on the other hand, it is a question of commercial lease, the non-fulfillment must be of “not insignificant importance”. In this case, the determination of this criterion is left to the discretion of the judge. The latter will evaluate, case by case, when this type of default occurs, having regard to the value of the accumulated arrears, as well as that of the contract and of the property.

Deepening

How the condominium expenses are divided between the landlord and the tenant in the lease contract

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