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A) GUIDE TO REAL ESTATE LEASE
Below are the main points of the process of leasing buildings in Italy.
1 – THE LOCATION PROPOSAL
First of all, when you find a property to be leased, you negotiate with the owner about the price and the main terms and conditions of the lease. The proposal is usually accompanied by an interest-free deposit payable to the lessor (usually equal to one month’s rent of the proposed rent). This deposit is returned in case of non-acceptance by the landlord; otherwise, we proceed with the agreements for the lease and the sum will be deducted from the amount paid to the subscription.
– Requested documents
The documents to be presented at the signing of a lease are: identity card, driving license or passport, tax code, in addition to the residence permit (in the case of non-EU citizens). The lessor normally also requests income documents (employment contract, salary statements, income tax return) to verify the solvency of the potential tenant.
2 – TYPES OF CONTRACT
The four main types of leases for residential use are (Law 431/1998):
– Free contract
It is the typology of leases with a duration of no less than four years, after which they are renewed for another four years, with the possibility for the owner and the tenant to freely establish the rent for rent.
– Agreement with an agreed fee
An alternative type to the contract c.d. free is the so-called agreed-upon and / or calibered fee contract. It consists in the possibility for the parties to enter into a lease contract lasting no less than three years, renewable for another two, with a rent lower than the average market price, defined by applying union agreements stipulated at local level .
– Transitional contract
The duration of the temporary lease may be less than the limits set by the same law (but may not be longer than eighteen months). It can be stipulated only in the presence of certain justified and specified reasons.
– Student contract
The lease for students has a duration that can not exceed thirty-six months. The contract is automatically renewed for the benefit of the student-tenant and the landlord, at the first deadline, can not ask for the resolution of the same. The rent is established by the agreements between the companies of the right to study, the student associations, the tenants’ unions and those of the real estate.
3 – CANONS AND CAUTIONS
– Security deposit
At the signing of the contract, the tenant must deliver to the lessor a sum of money (fruit of legal interests) to the maximum amount corresponding to three months of the fee. This sum may be used by the landlord only to cover expenses for the restoration of any damage caused by the tenant. In the absence of damages due to the tenant’s fault, the deposit will be returned at the end of the lease and can never be used to cover the installments of the rent.
– Early monthly payments
In addition to the security deposit, when the lease is signed, the tenant will pay the owner an advance payment of the first monthly installment of the annual rent, unless otherwise agreed by the parties.
– Condominium fees
Also the expenses foreseen for the ordinary condominium administration will be, unless otherwise agreed between the parties, at the expense of the tenant who will be paid monthly and in advance.
– Guarantees (Guaranty)
It is recurrent that the lessor asks for additional guarantees: this is legally permitted and the characteristics are negotiated between the tenant and the landlord. The bank guarantee, with which a bank guarantees the fulfillment of the tenant for the duration of the contract, is the most used since banks normally do not issue sureties for rental contracts if they are not sure that the tenant you pay all the months, so the fact that they instead consent to the guarantee is already a good start for the owner.
– mandatory registration
All leases must be written and registered, within 30 days of signing, at the Inland Revenue, after having paid the registration tax.
It is the owner (landlord) who must provide for the initial registration and renew it every year.
Registration fees (2% of the annual rental fee) must be split between the landlord and tenant, who also pays the duty stamps based on the pages (one brand every 4) or the lines (one brand per 100) of the contract and for each possible attachment (one for each).
– update fee:
The fee is annually