Urban leases

The Supreme Court (TS) has clarified one of themost frequent doubts among those who rent a home, such as, who should pay theIBI and thegarbage tax, the landlord or the tenant? The controversy arises when, in the lease contract,it is agreed that these expenses will be borne by the tenant, butthe exact amount is not specified to be paid each year. This is what happened in the case analyzed by the TS where the contract clearly stated that the tenants would pay the IBI and the garbage tax, in addition to the monthly rent, butdid not specify the annual amount in numbers.

During thefirst year, the tenants paid without discussion. However, later on, they refused to do so, arguing that theclause was null and void because the exact amount was not included in the contract. The landlord, faced with thenon-payment, sued the tenants to claim those amounts and evenrequest eviction.

Initially, the trial judge ruled in favor of the tenants anddeclared the clause null for not setting the annual amount. However, the Provincial Court disagreed and stated that these expenses arerelated to the dwelling, can be itemized and, therefore, theagreement is valid, even if the specific amount is not detailed in the contract.

The key is that the law does requiredetailing the general expensesof the building when they are passed on to the tenant, but only if they cannot be itemizedby dwelling. However, both the property tax and the garbage collection fee usually come designated for each specific apartmentgeneral doctrine, which, if the IBI and garbage collection tax are assigned to the rented property,may be charged to the tenant, even if the exact amount is not stated in the lease agreement, as long as there is asigned agreement on this matter.

If you are in a similar situation or have any dispute related to a residential lease, our professionals can analyze your case and take the most appropriate actions to defend your interests