Can the Landlord Keep Living in the Rental Property?

The Dilemma of Renting a House

Renting a house can be a gamble for the landlord, as the relationship between tenant and landlord is not always smooth sailing.
Issues may arise when the landlord is unresponsive to property maintenance requests, creating a nightmare for the tenant.
Moreover, there are cases where the landlord insists on keeping their residency in the property, despite not living there full-time.
This practice is often a tactic to avoid property taxes.

Is it Legitimate for the Landlord to Maintain Residency?

Keeping residency in a rented property raises questions of ethical behavior.
What can a tenant do when faced with this situation, especially if it’s not addressed in the rental agreement? While it’s essential to maintain a good relationship with the landlord, tenants must also uphold their rights.

In some municipalities, taxes like Tari are calculated based on both the property size and the number of occupants.
This situation can lead to tenants shouldering a heavier financial burden.

When Can a Landlord Retain Residency?

When a property is rented out, the tenant has the right to possess and enjoy the property, even though ownership remains with the landlord.
To maintain residency, the landlord must specify in the rental contract the use of a portion of the property (e.g., a room) while reducing the rent accordingly.

However, if the rental agreement does not reserve the use of any part of the property for the landlord, they cannot impose their residency on the tenant to evade taxes.

Detaining residency of someone unrelated can also be burdensome, involving responsibilities like handling mail or unexpected visitors.

Reporting Fictitious Residency

If a tenant suspects fictitious residency to evade taxes, they should report the situation to the local registry office.
It’s crucial to address this issue promptly, as delay could complicate resolution.
This proactive approach aligns with honesty and integrity, deterring fraudulent practices.

Reporting falsified residency not only prevents tax evasion but also discourages criminal activities, ensuring compliance with the law.