The reasons why a person decides to put their home in rent there are many… maybe you have to reside for some time for work reasons, outside your municipality of residence or, simply, you have a second home that you want to “put to income”.
The fact is that in making this decision it is necessary to verify whether the condominium regulations allow it. So the question to ask is: if the property is within a condominium can rentals be prohibited or limited?
Let’s go into more detail.
Rent Ban: Is It Possible or Not?
The answer is yes: through the condominium regulations it is possible to restrict or limit the exercise of the tourist rental activity of an apartment present in the building.
In the document that regulates the “cohabitation” between the various residents of a property, in addition to the rules that establish the use of common things and the distribution of expenses, it can also place restrictions on the destinations of the properties, making it difficult or impossible to rent out one’s apartment.
This prohibition can only be imposed by condominium regulations of the type “contractual” or “conventional”, that is, those approved with the consent of all the condominium members.
However, it is necessary to make a fundamental clarification: the ban can only tourist rentalsthe accommodation activities and in any case the rent for periods of less than 30 days.
In the event of violations, you may face a verbal warning, a written warning, and then fines or even legal action (we talked about this topic in a previous article on IlGiornale.It).
Nothing can be done to prevent, however, the rental for longer periods that comply with the current legislation on the matter since a ban would represent a limitation of the property rights of the person who owns the property to be rented.
However, if the current regulation is of the assembly type, Article 1138, paragraph 4, of the Civil Code comes into play, which provides that: “The provisions of the regulation cannot in any way undermine the rights of each condominium owner, as they result from the purchase deeds and agreements”; in this case, therefore, it is not possible to place any limitations.
In case there are no limitations on rent even for short periods it is
It is necessary, however, to give formal or informal notice to the condominium and, above all, to comply with all the rules relating to the condominium regulations, including those regarding compliance with the condominium safety regulations.