Tenant Not Paying Condominium Fees: Who Is Liable?

If a tenant fails to pay condominium fees, the owner of the unit is liable to the condominium. The owner is the only party obligated toward the managing body, because it is the owner who takes part in the condominium by virtue of the property right. The tenant reimburses accessory charges to the owner within the internal lease relationship, but this arrangement does not release the owner from obligations toward the condominium manager and the other owners.

Who is liable to the condominium

The duty to contribute arises from ownership of the unit. Whoever owns the property shares in the costs of preserving and enjoying the common parts under Article 1123 of the Italian Civil Code, in proportion to thousandths (millesimi). The condominium manager collects contributions and pursues recovery under Article 1130 and Article 63 of the implementing provisions. The tenant is not a party to the condominium relationship: absent an express agreement, the tenant is not required to pay the manager directly and remains outside the condominium accounts.

This means that, if the instalments are not paid, the condominium does not need to ask who physically occupies the flat. The debtor is the holder of the property right recorded in the registers and in the condominium roster. The lease produces effects between landlord and tenant, not between tenant and condominium.

Accessory charges: what the tenant reimburses

In the relationship between owner and tenant, Law 392 of 1978, in Article 9, places accessory charges on the tenant: the costs of ordinary operation of the common services the tenant enjoys. These are amounts the owner advances to the condominium and then claims back from the tenant. In general terms they include:

• Cleaning of common areas and the caretaker service for the relevant share
• Operation and ordinary maintenance of the lift
• Supply of water, electricity for the stairwell, heating and air conditioning
• Waste collection and minor upkeep of shared green areas

By contrast, extraordinary works, structural maintenance and improvements remain with the owner. The tenant therefore never answers to the condominium and, internally, reimburses only the ordinary share owed.

Why a private assumption of debt is not enough

Sometimes the lease provides that the tenant pays the instalments directly to the manager. Such an arrangement is valid only between the parties to the contract and is not enforceable against the condominium unless the condominium expressly accepts it. Without the manager's acceptance, the condominium can still claim the full amount from the owner. Even when the tenant pays directly, this is performance by a third party and does not turn the tenant into an owner.

How the condominium recovers

Once the allocation statement is approved, the manager may obtain the immediately enforceable payment order provided by Article 63 of the implementing provisions of the Civil Code, directed at the defaulting owner. Before litigation it is wise to send written reminders and reconstruct precisely the sums due for each period. Clear accounts are decisive: a per-unit statement, with descriptions and due dates, reduces disputes.

The owner in turn acts against the defaulting tenant to recover accessory charges. In the case of qualified default, the owner can pursue the remedies proper to the lease, such as termination and repossession. It is worth recalling that failure to pay accessory charges, if it exceeds a threshold tied to the rent, may become relevant for terminating the contract.

The role of the condominium roster

Knowing who occupies the property does not let the condominium change debtor, but it still matters. Article 1130 number 6 of the Civil Code requires the manager to keep the condominium roster, which also records the details of holders of personal rights of enjoyment, that is, the tenant. An up to date roster allows the tenant to be properly summoned when entitled to vote on heating and air conditioning services and keeps communications orderly.

How to prevent arrears

Prevention comes from transparent accounting and due dates communicated in advance. Sustainable instalments, timely notices and readable reporting help owners plan and pass charges correctly to tenants. A management platform like AmministraPro keeps each unit's statement, sends reminders and prepares the documents for recovery: you can see the dedicated tools on the /funzioni page and the available plans on /prezzi.