Use of Common Parts: The Tenant's Rights

A tenant may use the common parts of the condominium to the same extent that the owner from whom the right derives could. Through the lease, the tenant becomes a qualified holder of the property and steps into the enjoyment of the condominium services and spaces linked to the flat: stairs, lift, entrance hall, courtyard, garden, common rooms. This right, however, meets the limits of equal use among those entitled and the rules of the condominium regulation.

Where the right of use comes from

The common parts are listed, by way of example, in Article 1117 of the Italian Civil Code and belong to the owners of the individual units. Someone who rents a flat does not acquire co-ownership, but receives from the landlord the enjoyment of the property, which naturally includes the use of the common things serving the dwelling. The tenant therefore has no independent right over the common parts: he uses them by virtue of the lease, in the owner's position.

An important practical rule follows. The tenant may use the common parts for the ordinary needs of living in a condominium, but cannot dispose of them, alter them or demand improvements. Decisions on the common parts remain with the owners gathered in the meeting.

The limit of equal use

The general criterion is that of Article 1102 of the Civil Code: everyone may use the common thing provided they do not alter its purpose and do not prevent the others from making equal use of it. This applies to the owner and, by reflection, to the tenant. The following behaviours exceed the right, for example:

• Permanently occupying the courtyard or entrance hall with personal items
• Reserving an unassigned common parking space
• Storing materials on the stairs or landings so as to obstruct passage
• Altering the purpose of a common room for exclusive use

Use must remain compatible with that of all the other occupants of the building. A tenant who exceeds it answers to the owner and, in practice, may be reminded by the manager to respect the common rules.

When the regulation binds the tenant

The condominium regulation is an act that concerns the owners, but its provisions on the use of the common parts become binding on the tenant when the lease refers to them and the tenant is made aware of them. That is why the correct practice is to attach or refer to the regulation in the contract and hand over a copy. Clauses governing hours, noise, animals, use of common spaces and the intended use of the units have practical effects on the tenant's daily life.

The owner has an interest in passing on these rules, because he remains liable to the condominium for the conduct of whoever occupies the property. An informed tenant reduces conflicts and disputes.

Lift, heating and metered services

Using the common services entails contributing to the related ordinary costs, which internally fall on the tenant as accessory charges. The lift, for instance, is used by the tenant and ordinary maintenance is among the costs he bears, while replacing the installation remains with the owner. For heating and air conditioning the law even grants the tenant a right to vote at the meeting on the costs and management of the service, precisely because it is he who uses it.

What the tenant cannot do

The tenant cannot carry out works on the common parts, install systems that alter them without the meeting's consent, or promote improvements. He cannot object in his own name to resolutions of the meeting, which belong to the owners, except for the specific case of heating and air conditioning services where the law grants him the vote. Any damage to the common parts caused by the tenant falls, toward the condominium, on the owner, who then seeks recourse against the tenant.

Managing relationships with occupants

Orderly cohabitation requires the manager to know who occupies each unit and to communicate the rules of use clearly. Recording tenant data in the condominium roster, tracking reports of improper use of spaces and archiving the delivered regulation help prevent friction. With a platform like AmministraPro the roster stays up to date and communications and reports are handled in one place: you can find the features on the /funzioni page and the plans on /prezzi.