Landlords are often in the habit of keeping a set of keys to the house or property they rent.
In this article you will find the answer to the question:
Can the landlord keep a set of keys to the rented property?
Many tenants have happened to be asked by the landlord, when handing over the premises, to be allowed to keep a key or a set of keys to the leased property, for reasons of "security" or "prevention." Some are even convinced that there is legislation requiring the landlord to keep a key for any eventuality or emergency.
This "custom" is often found in leases between private individuals, where an unwise or uninformed tenant accepts this request-often imposed-by the property owner
However, it is good to shed some light on the issue;
Regulations regarding the handing over of keys for lease
The Civil Code does not have a specific article regulating the handing over of keys in a lease.
Therefore, we must rely on case law and interpretation.
Noted that there is a landlord's obligation to ensure the peaceful enjoyment of the leased thing,
"... by delivering the thing, with its accessories and appurtenances, in a state to serve the use and production for which it is intended" ( art. 1617 cc Obligations of the lessor )
we can say that upon delivery of the property, the landlord must allow the tenant the right of access to it , handing over the keys.
In addition, by leasing a property, the property becomes the tenant's domicile, according toArticle 14 of the Constitution
It is also good to point out that, Article 614 of the Criminal Code punishes trespassing that is:
"Whoever enters the dwelling of others, or another place of private abode, or the belongings of them, against the express or tacit will of those who have the right to exclude him , or enters it clandestinely or by deception, shall be punished by imprisonment from six months to three years "
CAUTION: the place of work is also considered as domicile ( art 43 cc ). So the reasoning of this article can also be applied to real estate for nonresidential use.
Can the owner of the house enter while it is rented?
Access to the dwelling by the landlord is specifically regulated ( art 1619 cc "Right of inspection" ) or by specific clauses included in the contract - which may provide for the right of access to the premises at least once a year, subject to agreement with the tenant - so that the landlord can still check the state of use of the leased unit. If there is no specific provision in the contract for this power, any access to the leased property by the landlord without prior consent of the tenant would result in trespassing, which is sanctioned by the Criminal Code ( 614 c.p "Violation of Domicile" ).
On balance, there is no legislation that prevents the tenant from replacing the lock on the door of the leased house, especially if the tenant has a suspicion that the landlord may gain access to the property without the tenant's consent.
Ultimately what needs to be done?
The solution protects the parties, it would seem, is one in which landlord and tenant agree (at the time the lease is signed) that a set of keys remain in the custody of the landlord for any eventuality. Failure to do so makes it necessary to hand over ALL the keys to the tenant.
If you have read this article you probably have a property to rent or have already found a tenant... if you need help with drafting the contract according to regulations and its registration click here and find out how I can help you!
If you are looking for a guide for how to rent a house in Verona, you will find it in this article.
Good Lease!
