The prohibition of use as “lodging house” in condominium regulations

Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Gabriele Toscano
Publishing Year 2025 Issue 2025/46
Language Italian Pages 18 P. 178-195 File size 244 KB
DOI 10.3280/DT2025-046009
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The paper analyses a recent ruling by the Supreme Court of Cassation regarding the condominium’s direct action against the tenant for breach of the regulatory prohibition to use the building as a bed & breakfast, exploring the prerequisites for the operation of the limiting clause and its enforceability against the condominium landlord. Particular attention is devoted to the interpretation of the condominium regulations, with reference to the preclusive scope of the term ‘lodging house’ also for bed & breakfast activities, with the aim of defining the limits of condominium autonomy and the repercussions on the rental contract.

Gabriele Toscano, Il divieto di destinazione a “casa di alloggio” nei regolamenti condominiali in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 46/2025, pp 178-195, DOI: 10.3280/DT2025-046009