Once rented with a regular rental agreement registered with the Revenue Service, a house enters the full availability of the tenant. He then acquires the right of residence, as well as free possession and enjoyment of the property. However, there are cases in which the owners want to visit the propertyto understand what conditions he is in and to decide appear as a surprise. But is this possible? The rental law provides that for any kind of visit the home owner must agree with the tenant with fairly wide notice and therefore cannot appear at the door unannounced. Neither can the owner enter the property using all the keys still in his possession. The law also states that the landlord can visit the apartment both to check its condition and to allow other potential tenants to visit it when the contract is about to expire without renewal. But he cannot do it as and when he prefers, but they must respect several rules.
When are owner visits possible?
In short, the law recognizes the right of the owner to periodically check the condition of the property, also to make sure the tenant is behaving properly. But it also recognizes the right of the latter to enjoy your residence without fear of intrusion by the owner of the house and without seeing compromised their privacy. Just in an effort to better regulate these situations, often the lease agreement contains specific clauses in which it is expected that the owner is periodically allowed to visit the property to check its condition. Obviously the visit must be agreed with the tenant with sufficient notice. In no case, therefore, can an improvised and surprise control be carried out.
Is it possible to visit the house with the tenant inside?
When a lease is about to expire and there is no provision for renewal, the law offers the property owner the right to possibility of organizing visits by third parties. This aspect is also usually contained in specific clauses contained in the contract itself. Even in this case, however, visits cannot be impromptu and continuous. They must be agreed on one day a week, with the tenant willing to allow them for at least two hours. But this eventuality is foreseen only in the last months of the contract. Visits must also be made always in the presence of the tenant. The latter is still a resident, pays the rent and keeps his possessions at home. But what happens when certain clauses are missing from the lease? Also in this case the law protects the tenant’s privacy and peace of mind. Therefore, each visit must be agreed with the host, who must always be present. LARGE’exceptions may be represented by urgent situations and emergencies: only in case of danger or damage the owner can enter the property without warning and without the permission of the tenant.
What if the owner enters the house without permission?
If the owner of the house, in the absence of emergency or damage, decides to enter the house without the permission of the tenant, he commits a crime. In fact, it is stained with house burglary even if he has the same property. As we have seen, the tenant’s presence or consent can be bypassed only and exclusively in certain cases:
- imminent dangers that can endanger the life and health of people
- risk of damage to facilities
- the execution of renovation works necessary for the maintenance of the property and the safety of third parties
But what happens when the tenant prevents access to the premises, thereby preventing the owner from visiting them even when he has the right? If the contract provides for the owner’s right to enter the house for valid and agreed reasons, the tenant is in default in relation to the agreements signed in the lease agreement. If it therefore prevents the owner from visiting the apartment without valid reasons, the tenant is responsible for the damage it causes and becomes non-compliant, therefore prosecuted. This is confirmed and established by the Council of Ministers this behavior violates the law. For this reason, the owner who cannot enter the house even though he has the right to do so according to the conditions defined by the contract, can take legal action and initiate a civil action. Illegal behavior on the part of the tenant can lead to various consequences:
- be ordered to grant access to the apartment
- is obliged to immediately withdraw from the lease agreement
- be forced to pay compensation for damages suffered by the owner
When is it appropriate to report the homeowner?
As we said, if the owner of the house enters the house unannouncedperhaps using a bunch of keys he still has in his possession, he binds it crime of trespass. Therefore, can be reported by the tenant. This offense is punishable by article 614 of the Criminal Code and provides imprisonment for up to three years. As clarified by the SC, however, the crime is only triggered when the tenant has taken physical possession of the property as the mere filing of the contract is not sufficient. Access is not allowed even in the event of default, as the owner would have to initiate eviction proceedings to regain full possession of the property. Any access by changing the lock would involve roffense of arbitrarily exercising one’s rights. Even if it turns out that the tenant has moved elsewhere and no longer lives in the rented house, the correct procedure to regain the availability of the property is to proceed with the eviction deed, by opening the door using the bailiff and the locksmith.