Can you rent a property financed with an interest-free loan (PTZ)?

The purchaser of a property financed by a zero-interest loan (PTZ) must comply with certain rules, such as using the property as a primary residence for 6 years and not renting it out, except under exceptional circumstances. 

If these rules are not followed, the penalty prescribed by law is full repayment of the loan, but this applies only to the landlord and the bank. The tenant cannot invoke this to justify a failure to pay the rent specified in the lease agreement.

This was confirmed by the Court of Cassation in a ruling dated March 14, 2024. In that case, the owner of a property purchased with an interest-free loan (PTZ) had rented out the property without complying with the legal requirements. The tenant then argued that the contract was void in order to avoid paying the rent specified in the lease and to avoid the termination clause. 

However, the Court of Cassation upheld the tenant’s conviction, stating that the penalty provided for by law in the event of noncompliance with the conditions for granting and maintaining the interest-free loan applies only to the landlord and the bank.