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Property with multiple owners, can it be rented?

Co-owned properties are a very widespread reality, normally the communion arises due to hereditary bequests or as an investment for rather large and expensive properties.
In both cases, the owners must respect rules so as not to undermine everyone's equal right to enjoyment, rules which must also be considered for any rental contract.
Here's what the law provides.
Renting a property with multiple owners Is it possible to rent a property with multiple owners Can the co-owner rent without the consent of the others? Contract concluded by a single owner, is it valid? Who do you pay the rent to? How do other owners protect themselves? It is possible to rent a property with multiple owners.
Renting a house in co-ownership is possible, but the methods often leave perplexities (and worries) for both landlords and tenants.
It is not uncommon for the latter to be alarmed when they discover that the rented property has other owners who have not signed the contract, wondering whether the lease is still valid, to whom the rent must be paid and so on.
In any case, a property can be rented even if it has multiple owners, since the possibility of renting the property derives directly from the right of ownership.
In fact, it must be remembered that all owners are holders of an uncompressed right, which includes the entire property and all related rights.
The only limit to the exercise of property rights is not to impede the free enjoyment of other owners.
Consequently, the rental contract can concern a co-owned property, but must not affect the rights of the other owners.
There are specific rules to keep in mind in this regard, to protect owners but also tenants.
Can the co-owner rent without the consent of the others? All owners have equal powers to manage the property, but for acts of extraordinary administration the consent of all is required (for example for sale) or a two-thirds majority.
Leasing involves a significant change in the use and management of the property, but does not change ownership or cause an excessive burden.
Consequently, the lease is an act that can be executed without majority or unanimity, as long as it lasts less than 9 years.
Leases lasting longer than this period require the unanimous consent of the co-owners.
The owner can therefore rent without the consent of others, given that he is carrying out an act of ordinary administration.
Naturally, each owner has equal opportunities, therefore the cancellation of the rental contract can also be signed by only one of the owners (even if different from the person who signed the lease), in compliance with the legal conditions.
Contract concluded by a single owner, is it valid? Since the lease of less than 9 years is an act of ordinary administration, the rental contract is valid even if signed by a single owner.
The lack of consent or authorization may indeed be relevant in the internal relations between co-owners, but it has no relevance for the tenant.
The co-owners are in fact considered in a unitary way as the lessor (in relations with the tenant), also because the leasing represents an act of business management that provides an advantage to everyone.
This means that the other owners cannot prevent the continuation of the rental, unless they find themselves in one of the conditions provided by law which allow the cancellation of the rental contract.
Who do you pay the rent to? The tenant is required to pay the rent to the landlord who signed the rental contract, regardless of the presence of additional owners.
It must be remembered that issues of consent or dissent do not affect external relationships, i.e.
those with the tenant.
It is therefore the obligation of the landlord who receives the rent to divide the proceeds with the others, according to the ownership shares.
The co-owners cannot therefore turn to the tenant to receive part of the rent, as the tenant is obliged and entitled to pay it according to the methods established by the contract and to those who signed it.
To receive payment of the pro-rata rent directly from the tenant, the excluded co-owners must proceed with an amendment to the rental contract.
read also Co-owned properties: how to request the dissolution of the joint ownership How are other owners protected? The rental contract signed by only one of the owners is perfectly valid (if it lasts less than 9 years), therefore it is not possible to challenge it.
The reason why this is allowed is that leasing is considered an act of business management carried out in the interest of all, an interest which is expressed economically in the rent.
Other owners can therefore claim a part of the rent proportional to their share of ownership, not directly from the tenant but from the owner who receives the payment.
To eliminate this further step, you can make a rectification of the contract, with which to demand direct payment or modify some clauses and conditions (with the tenant's consent if required by law, generally for everything that concerns him directly, such as an increase of the fee).
However, all owners have the power to terminate the rental contract, provided that the requirements required by law for early termination by the landlord are met.
read also Changing the rental contract: how to do it and when it should be registered

Author: A.W.M.

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