24 Jan 2017

Summary Concerning the Italian Lease

People can sometimes sign lease agreements without the necessary knowledge about leasing issues and this may lead to unfair arrangements which may affect you during the terms of the contract.

In this article, we are going to provide you some basic knowledge about Italian leasing in order to better understand them and this topic and eventually contact us for any advice about it.

The lease contract is a contract between a lessor and lessee that allows the lessee rights to use a property owned or managed by the lessor for a specific period of time. The agreement does not provide ownership rights; however, the lessor may grant certain rights to modify, change or otherwise adapt the property to suit the needs of the lessee. During the lease period, the lessee is responsible for the conditions of the property.

The lessee shall periodically pay rent, and must – at the end of the contract – return the property in the same condition as he received it.

The lease is a consensual agreement and the main obligation of the landlord is to hand over the asset or property to the lessee.

It is a free-form contract, meaning that the Italian Civil Code governs only the rules and content, but it does not require any specific contractual form. The parties may also agree orally or it may even be sufficient to prove to have lived in the apartment in order to be entitled to legal rights.

Even though there may be several kinds of lease agreements, in all of them we can identify certain typical elements. Here are the most relevant:

* Biographical information

* An adequate description of the property

* the price and how it’s paid

* details regarding the deposit

* the start and end date of the tenancy

* information on how and when the lease will be reviewed and details about the possible termination of the contract

* details about who may be responsible for minor repairs

* whether the property can be let to someone else (sublease) or have lodgers

* a special clause by which the tenant declares to have received the information and documentation, regarding the Energy Performance Certificate of the property.

Now let’s see the rights and duties of both parties.

The landlord must:

* deliver to the lessee a safe asset and in a good state of repair

* maintain the leased property in a condition to serve the stipulated use

* allow to the lessee to live in the property undisturbed

* effectuate the registration of the contract within 30 days and giving the documentation to the tenant and the administrator of the condominium.

Instead, the tenant must:

* take good care of the property

* pay the agreed price

* return the leased asset in the state in which it was received, in accordance with the description that has been made by the parties, except for the deterioration or consumption resulting from the use of the property in accordance with the contract.

As for the duration of the lease, the law provides:

1. Tenancy with rent is signed for a period of four years and if no action is taken by the parties at the end of four years, the contract is automatically extended for another four years. If one of the parties does not intend to renew the contract for the next four years, he/she must send a notice six months before the expiring of the contract.

2. Tenancy with rent ceiling is signed for three years and if no action is taken by either party after this period, the contract is automatically extended for two more years under the same terms. The two parties can stipulate a new contract at the end of the 3 years or, if one of them does not wish to extend the contract for the next two years, a notice to end the contract must be sent six months before the expiration date.

3. Transitory contract is an agreement where the lessor is temporarily providing to the lessee, for non-tourism purposes, a property for a rental fee agreed by both parties – except in some realities where rent can be determined by territorial agreements. The law states a minimum 1 month and maximum 18 months for this type of contract.

4. University student contract it is a special type of contract by which the lessor provides a property to a party willing to house university student/s. The lease price has to be determined in accordance with the provisions of particular territorial agreements. The law states a minimum 6 months and maximum 36 months’ duration for this type of contract

Please do not hesitate to contact KMLegalnet for any information, or send an email to info@kentonmiles.net.

We will offer you legal assistance and guidance.

Our English-speaking Italian team can assist with both local and foreign clients. We have an international network of experienced and skilled lawyers, from different backgrounds and different legal systems, all able to provide you with the help you need.

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