Tenant's Condominium Debts and the Owner's Obligation

When a unit is leased and unpaid condominium charges accrue, the recurring question is: does the owner or the tenant answer to the condominium? The answer is clear. The party obligated toward the condominium is always the owner, that is the condominium member, because it is they who are part of the condominium body. The tenant pays accessory charges to the landlord under the lease, but that relationship is internal to the parties and does not make the tenant a direct debtor of the condominium, save for limited exceptions.

The owner is liable toward the condominium

The obligation to contribute to condominium expenses arises from holding the right over the unit: it is the owner who takes part in the meeting, who is bound to pay contributions based on the approved allocation statements, and who answers for the arrears. If the tenant does not pay the owner the agreed share of accessory charges, the condominium does not chase the tenant: it acts against the owner, who remains the debtor, and the latter will then seek recovery from the tenant under the contract and the tenancy law.

Accessory charges between landlord and tenant

The allocation between landlord and tenant of condominium expenses follows tenancy law: some expenses, typically those of ordinary management and enjoyment of common services, fall on the tenant, while extraordinary expenses and those inherent to ownership remain with the landlord. A clear accessory-charge allocation table in the contract avoids disputes. The tenant has the right to know the detail of the expenses charged to them before paying, and can request the calculation elements.

• Falling on the tenant: ordinary management expenses and enjoyment of common services.
• Falling on the landlord: extraordinary expenses and charges inherent to ownership.
• The tenant has the right to the detail of expenses before payment.
• Toward the condominium the obligated party remains the owner.

The condominium acts against the owner

In case of arrears, the manager obtains the payment order provided by Article 63 of the implementing provisions of the Italian Civil Code against the owner member, not against the tenant. It is against the owner that the injunction and any enforcement are directed. This simplifies the condominium's action, which does not have to ascertain the internal relations between landlord and tenant, but it is the owner who bears it and who must then recover from the tenant what falls within their responsibility.

Suspension of services and the tenant

In case of arrears, Article 63 of the implementing provisions allows the manager, when default in paying contributions lasts a semester, to suspend the defaulting member from the use of common services capable of separate enjoyment. Since the measure affects the unit, its effects may fall on whoever occupies it, that is the tenant, while the owner remains the target of the action. It is a lever to be used carefully and within the limits provided.

How the owner is protected against the tenant

The owner who has paid the condominium expenses that were the tenant's responsibility can recover them under the lease. If the tenant is in default on accessory charges, and the arrears reach the relevant threshold, the landlord can activate the remedies provided by tenancy law, including the action for release in permitted cases. It is essential to keep the receipts of condominium payments and the detail of the expenses, to document the amount owed by the tenant.

• Keep receipts and allocations to document the accessory charges billed.
• Communicate to the tenant the detail of the expenses charged to them.
• Activate contractual remedies in case of default on accessory charges.
• Always distinguish expenses of the landlord and of the tenant.

The manager's role

The manager must keep the condominium register updated, noting the existence of a lease and the tenant's data, useful for communications and for any suspension of services. They must, however, remember that the counterpart for payment and for the recovery action is the owner. Providing clear account statements and the detail of ordinary and extraordinary expenses helps both the condominium and the landlord in managing relations with the tenant.

Distinguishing ordinary and extraordinary expenses and producing accurate per-unit account statements is the basis for correctly managing leased units. With AmministraPro the manager generates allocations and statements that help the owner separate the tenant's accessory charges, keeps the register updated and tracks arrears. The accounting and register features are described on the /funzioni page and the plans on the /prezzi page.