benitograffagnino

Hi guys

In the 1990s my grandfather built a house in Sicily, it's a big house that has now been divided into apartments, in total we have 3 apartments and a basement.

My father never came to Sicily in 9 years, and my other uncle didn't either. One of our uncles had been renting the apartment out for the past 5 years to a tenant without a contract paying cash in hand. Apparently the rent was 130 euros per month which gave them access to both top apartments and the basement access for storage

Because I live in Peru I don't spend much time in Europe but decided to go to the house while the Peruvian border was shut, an argument has ensued between my uncle and my father,

All the utilities are in the tenants name, he has threatened to cut off the electric unless we paid him 190 euros although his rent was suppose to cover all utilities

He has now decided to leave the property and my uncle has told him he can at the end of the month, he doesn't have a legally binding contract, we are thinking of contacting a solicitor as this may mean my Dad is liable for the tenants living there for that period of time and wanted to ask if anyone knew the process? I would imagine renting without a contract in Italy, especially Sicily is quite common.

We have been told that they are cutting the electric and gave us a number to call to register it in our name but won't give us a date when it will be cut.

We also asked for the key to our apartment and he said he rented it from my uncle he will give the key back to my uncle. So essentially he has access to all areas of the house including where we live!

We suspect my uncle has been receiving more money than what he is telling us and the tenant had use of the downstairs apartment and had their BBQ out the back

If we asked them to leave, would they have any legal right to stay in the apartment? Obviously all their utilities are registered in their name so that is more than enough proof that they have lived here we have written proof also.

We are going to see a solicitor to try and get to the bottom of this, but any help from someone who knows would be amazing in regards to renting without a contract/tax etc

Thanks!

philat98

Who actually owns the property?

modicasa

Your uncle/your dad are going to get into big trouble if any of this comes to light. Your uncle has paid no tax on his income for 5 years, and though he says its 130 euros the taxman will decide how much the rent was and ask for all the back tax and sanctions. Without a contract the tenant has no rights whatsoever, you could just change the locks. Of course he can then issue denuncia against your uncle for renting without a contract.
It would seem that there is one electric meter for the whole house from what you say, so you can do a subentro as the owners, but they will want the outstanding amount paying which will be the tenants reponsibilty as it is all in his name. A reconnection is usually very quick, especially if you are the owner of the property - less than a week usually.
Alot depends on who is the owner on paper - they have the responsibility. Id pay him 190 euros and get rid of him, save on solicitors, and save on the reconnection of the electricity - which would cost 90-110.

HADENOUGHPIZZA

I'd get rid of the tenant as fast possibile , pay off the utilities and hope the Whole thing finishes there . Who has been paying the property taxes on the building over the years ?

modicasa

The more I think about this, the more a can of worms it is. Your grandfather built a house in ithe 90's - with or without a building permit? If without, as is possible, then the house cannot be let without the necessary certificates, and it may be it doesnt even exist as regards IMU etc. If it was then subdivided, was it done making 3 distinct units with all the authorisations? Its probable thatthe property could never be rented legally. Let the tenant leave asap, and then fight it out with your uncle who seems to have been a bit 'scorretto' with the rest of the family.