Short or tourist rentals: how to update the condominium register.
With the updating of the legislation, the communication to the administrator for the updating of the condominium registry is lost: the ball passes directly to the police station.
In recent years the rental of holiday apartments has become increasingly popular through a dedicated contractual formula: short rent. A convenient solution for both the tourist who wants to stay even for a weekend, and for the owner who finds himself not having to pay all the costs of a long-term rental contract.
In practice, this solution provides that the landlord owner grants the tenant tourist a right of personal enjoyment of the rented property, for a period not exceeding 3 months, in exchange for a payment.
The rent for residential use for tourist purposes is governed by art. 53 of Legislative Decree 79/2011 and represents a typical private law contract, which is essentially regulated by art. 1571 et ss. cc. and by the regional reference legislation on tourism.
Owners of second homes have generated a business around this type of rental, due to the convenience compared to traditional long-term contracts.
First of all, the convenience comes from higher earnings than the classic long-term rent, after which a relatively short tenant's possession of the property and the possibility of tracing them through online platforms, and finally no registration tax and stamp duty.
In practice however, the management becomes more demanding due to the constant promotion of the property, the reception and availability that the landlord must guarantee for the tenants who arrive, the availability for every need and unexpected ... in short, the owner is still in having to guarantee a certain service. When the apartment is inside a condominium, it is known that unexpected events never fail.
In the latter case it is known that the owner is obliged to carry out a further surveillance activity. Just think, for example, of the checks to be carried out especially in the summer, in condominium buildings located in the seaside resorts, to prevent tourists "staying" in the rented property, with short rent, from finding themselves in a higher number than the one agreed.
Many times, in fact, the short rental contract is signed by one or two tourists, while then, in fact, in the same apartment the "housed" are more than double.
And in these cases, usually, there are the most common complaints of condominiums residents who dispute the malpractice of "furbino" tourists, accused of damaging the common things, of disturbing the condominium peace, of breaking the rules for waste disposal in the containers of the condominium and so on.
In short, a whole series of problems, which too often exacerbate the condominiums pushing them to ask the administrator to immediately communicate the references of all the tenants in the rented apartment.
Well, in the hypothesis of a short rent for tourist use, one wonders whether the condominium administrator has the obligation to take action pursuant to art. 1130 c.c. to request information from the owner regarding all tenant tourists, for the purposes of keeping the registry register.
First of all, it should be pointed out that even in the case of short overnight stays, landlords or subletters who rent out buildings or parts of them, with contracts for short and occasional rents, with a duration of less than thirty days, fall within the obligations of art. 109 of Royal Decree n. 773 of 18/06/1931 (TULPS), as established by the art. 19 of the Security Decree (Legislative Decree 113/2018 converted into Law No. 132/2018 in force since 12/4/2018).
In essence the landlord owners, pursuant to paragraph 3 of the aforementioned art. 109 of the Consolidated Law on Public Security, within the twenty-four hours following the arrival of the tenant tourists, they are obliged to communicate the details of the persons lodged in the apartment to the territorially competent Police Headquarters, through the "Alloggiati Web" portal managed by the State Police.
In the absence of communication, the owner who violates the aforementioned registration and communication obligations is punished, pursuant to art. 17 of the TULPS, with the arrest up to 3 months or with the fine up to 206 euros.
Given this, it is reasonable to think that the timely communication of the landlord to the Questura, pursuant to art. 109 of the TULPS, fully integrates the method of communication to the administrator, for updating the condominium register as per art. 1130 of the Civil Code, relieving the owner of any responsibility for not having provided tourist details, and the administrator, for not having requested them.
Moreover, if the administrator should formally proceed pursuant to art. 1130 of the Civil Code, to update the condominium register, it should first send the owner a registered letter with the request for the information of the tenant tourists, and in the event.