Can you rent a house with illegal construction?

By signing the rental contract, the tenant and the lessor assume specific obligations to respect, which can also preclude the validity of the contract itself.
The landlord's main duty is to allow the tenant full enjoyment of the rented property.
This commitment is also expressed in extraordinary maintenance, necessary precisely to preserve the conditions of the rented property, so that the tenant can continue to use it.
This principle is fundamental to understand what happens to the rental contract (and what the parties risk) when a building violation affects the property.
In fact, like sales, it is not possible to establish a priori whether a house can be rented with unauthorized construction or not.
The criteria to be used are those of the enjoyment of the property and the consent expressed by the parties, as repeatedly referred to by the Courts.
It is possible to rent a house with unauthorized construction.
As mentioned, the invalidity of the rental contract can only be determined by the impossibility of enjoyment of the property by the tenant due to the responsibility of the landlord.
Building abuse rarely compromises the possibility of living in the rented house, therefore it is only rarely a cause of disability.
Building abuse, in fact, is a crime for which the homeowner will have to answer to the State according to the rules of criminal law.
The rental contract, however, is stipulated between private individuals and has no bearing on criminal liability.
Consequently, any invalidity of the rental contract must be sought exclusively in the contractual regulation.
This is why in most cases it is possible to rent a house with a building violation, as long as no rights of the tenant are violated and the obligations between the parties are not violated.
read also Can you sell a house if there is a building violation? Validity of the rental contract in case of building violations If the tenant was informed of the building violations before signing the contract and thus expressed his consent, the contract is valid and binding.
However, this does not mean that the omission of illegal construction automatically jeopardizes the validity of the lease, as long as the illegal construction does not prevent the owner from fulfilling his contractual duties.
In particular, only if the building violation does not prevent the peaceful enjoyment of the property does the rental contract remain valid.
It is clear that this is the most common hypothesis regarding rental for residential purposes.
The presence of building violations on the property, in fact, does not prevent tenants from living there and using the spaces and therefore there is no breach on the part of the landlord.
read also Immediate rent cancellation, in which cases is notice not needed? When you cannot rent a house with illegal construction The rental contract of a house with illegal construction is invalid only when the tenant can prove the repercussions on enjoyment, essentially represented by the seizure of the property and the demolition order.
In both cases the tenant is deprived of the house due to building violations – which were not communicated to him – and therefore the owner is in default.
There is then a final hypothesis in which building abuse leads to the invalidity of the rental contract, i.e.
that in which the property is declared unusable and cannot be used by the tenant, but only on condition that the latter does not was aware of it and had agreed to the contract anyway.
In all other cases, it is possible to rent a house despite building violations without the tenant being able to make additional claims and indeed continuing to be obliged to pay the rent and other agreed expenses.
In fact, the homeowner is not required to respond to the tenant for building abuse, unless he has undertaken to obtain authorizations in the contract.
In this case, the persistence of the abuse would represent a breach of contract, also suitable for the request for dissolution.
read also When you can not pay the rent

Author: Hermes A.I.

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