In condominium management in Turin, one of the most frequent issues that arise is the question of the delinquent tenant. This is a rather common situation that, in most cases, leads to disputes, often quite serious, between the residents of a building. The consequences primarily affect the owners of the various units in the building: as these owners are collectively responsible, the risk they face is having to pay for someone who refuses to pay.
In condominiums, it is estimated that the majority of disputes involve situations of delinquency, particularly concerning ordinary and extraordinary maintenance expenses. These costs refer to small repair works, such as wall painting, replacements, and repairs, along with regular expenses for electricity usage, stair cleaning, courtyard maintenance, potential pest control, and insurance premiums. More significant expenses, however, involve renovations, such as the rebuilding of cornices, the installation of external insulation, the construction of outbuildings, and anything else that may be functional to the condominium. According to the data in the millesimal tables, each property owner is obligated to contribute to the expenses proportionally.
Tenants are also responsible for only the ordinary expenses, but they have the option to come to an agreement with the property owners. If the tenants fail to pay the amount due directly, the condominium administrator will have the ability to seek payment directly from the property owner.
Disputes over arrears are therefore a daily occurrence and represent a sword of Damocles for both property owners and administrators.
- When is a tenant considered delinquent?
A debtor is considered delinquent when they fail to fulfill (or fail to fulfill correctly) an obligation. In the case of a condominium, the debtor, meaning the tenant, will be considered in arrears when they delays the payment of the expenses assigned to them . The legal discipline regarding the arrears of a debtor is defined by the Civil Code, which, in Articles 1218 and following, outlines everything related to the debtor’s failure to perform. If the debtor does not fulfill the obligation, they are considered by law to be responsible. As a result, a procedure known as ‘notice in default’ will be initiated, which is essential to interrupt possible prescriptions and to obtain the evidence necessary for subsequent judgments. The notice of default, pursuant to Art. 1219 of the civil code, may be made by notice or, better still, in writing.
Typically, the condominium administrator issues a notice of defaulta procedure that formally demands the fulfillment of an obligation in writing. In the case of a delinquent tenant, the notice of default will serve to warn the debtor of potential civil actions in case of non-payment of what is owed to the condominium. This procedure, which is essential if one intends to recover the debt through legal enforcement, will be drafted according to a specific format that includes a series of elements. These elements will identify both the debtor and the creditor and will contain the formal demand for compliance. A term of no less than 15 days will serve as a suspensive condition, the effect of which will occur if the obligation is not fulfilled. In the event of the delinquent tenant’s inaction, the administrator will proceed with subsequent injunctions. .
It should be recalled that the injunction served on the tenant in arrears and not contested in court constitutes an enforcement order and assures the administrator and the condominium the possibility of proceeding to enforcement by seizure of the property and compulsory recovery of the uncollected debt.
- Delinquent Tenant and Condominium Administration: What to Do?
Unfortunately, many times it happens that due to a delinquent tenant, the ones who end up paying are the honest property owners—those who, due to joint responsibility, are obligated to cover the costs of tenants who refuse to pay. To avoid such situations and prevent conflicts between the owners of a building, the best solution is to immediately consult an expert in the field, especially when the property manager appears inactive: the issue, in many cases, is not even the tenant’s non-payment, but rather the negligent behavior of an inexperienced property manager.
Our consulting firm specializes in condominium issues in Turin and provides comprehensive support to all those who need assistance with condominium matters. With a team of professionals experienced in condominium law, we are able to find the right solution even in paradoxical situations . The condominium management service in Turin is specifically designed to prevent disputes and protect honest tenants, and we do so through a range of legal tools and a special focus on the latest developments in the sector.
Our strength lies in condominium management, which is guaranteed in a versatile manner across all areas:
– through fiscal assistance, regarding the condominium’s tax obligations;
– through civil and criminal law support, provided by lawyers who assist our firm;
– with a customer service team that responds promptly to address any type of concern.
The condominium is a large family whose task is to ensure the proper functioning of the building in which everyone lives. It is through collaboration and trust that disputes are prevented, but only proper condominium management can guarantee the respect of basic rules.
