Renting home the main regulations

Renting home the main regulations

Great Estate Network Feb 01, 2012 No Comments

Edited by CA

Whether you need a home for a short holiday, a longer period or because of a work transfer, it is useful to know the main regulations governing renting and leases. Great Estate Magazine, in this short article, summarizes the most important. Let’s start with some terminology:

According to the generally accepted notion in the Civil Code, the lease is a contract by which one party -landlord- agrees to give enjoyment to another -the tenant- or a movable property for a given time, at a certain price -Art. 1571 cod. civ.

The lease is a contract between these two parties, and is concluded as such.”

Therefore it is important that the contract be read by both parties and that, landlord and tenant, are in agreement with the pre-arranged clauses therein. The landlord undertakes to deliver the ‘object’, in good repair, to keep it in good repair, for it to serve the stipulated use, and to ensure the peaceful enjoyment during the tenancy. The tenant is required to pay the amount due on the date agreed, to use it for the intended use and return it at the end of the lease, in the condition in which it was received. Usually the contract is fee free and usually doesn’t have a term of less than four years, after which it can be renewed for four years or more, where the landlord does not have a valid reason not to renew. The valid reasons for non renewal are: the use (the landlord needs it for himself or for a family member), requires a legal personality (i.e. where the landlord is a legal person and the property needs to be allocated to the exercise of other activities. in this case, the tenant must be offered an alternate property), availability of the tenant to another property (in the event that the tenant has the availability of another suitable property in the

same municipality). Finally, when the property is located in a building which is expected to be completely renovated, by demolition or radical transformation to create new buildings, or, in the case of a property located on the top floor, the owner intends to carry out roof repairs which according to the law are essential for technical reasons, and therefore the removal of the property. The contract may not be renewed if the tenant does not occupy the property continuously without good reason, or if the owner is to sell the property to a third party and has no other residential properties in addition to those that might be used. In this case, however, the tenant is given the right of first refusal and this must be exercised in the manner provided for in Articles 38 and 39 of the Law of 27 July 1978, n. 392.

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Maria Letizia Vigorito

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