To stipulate a so-called commercial rental contract, the written form is not necessary - even if it is advisable. The contract is governed by articles 27 and following of law 392/78, which provides for a duration of six years plus six. At the end of the first six years, the landlord can cancel the contract only for one of the reasons indicated in article 29 (for example, to use the property as the landlord's primary residence). The fee is freely determined by the parties and is subject to annual updating starting from the second year, based on the change in the consumer price index for families of workers and employees, indicated by Istat, within the limit of 75 percent. Likewise, the methods of payment of the fee and ancillary expenses (bank transfer, bank cheque, cash), as well as the deadlines for the installments, are freely determinable. The small maintenance of the premises (replacement of the roller shutter belts, annual check of the boiler, maintenance of the fixtures and doors, etc.) is the responsibility of the tenant, in accordance with article 1576, Civil Code. The lessor is responsible for ordinary and extraordinary maintenance, but the parties can agree that ordinary and extraordinary maintenance is the responsibility of the tenant. Any withdrawal by the tenant before the contractual expiry is governed - in the absence of a different agreement contained in the contract - by article 27, last paragraph, law 392/78: «The tenant, if there are serious reasons, can withdraw from the contract at any time with at least six months' notice to be communicated by registered letter». The 'serious reasons', which allow the tenant's withdrawal, must be unforeseeable and unexpected and must be indicated in the withdrawal letter, and cannot consist of unilateral assessments by the tenant. In any case, the parties can agree that the tenant is free to withdraw from the contract even without serious reasons. Likewise, the terms of the notice to the landlord can be freely defined by the parties, who can also reduce the term by 6 months. Please note that the withdrawal exercised by the tenant produces effects from the expiry of the six-month notice period so that, until this deadline, the tenant is required to pay the fees. Upon signing the contract, the landlord can request the tenant to pay a security deposit, i.e. a sum that the landlord keeps available for any breaches by the tenant and returns with interest, when the premises are returned, at the end of the relationship. Pursuant to article 11, law 392/78, the security deposit cannot exceed three months' rent and must be productive of legal interest, which must be paid to the tenant at the end of each year. During the lease, the tenant - even without the consent of the landlord - can sublet the property or assign the contract, as long as the company is sold or rented at the same time. However, it is worth highlighting that the transferring tenant - if he is not released by the lessor - remains liable towards the lessor, jointly and severally with the transferee, for any non-compliance by the latter. Pursuant to article 34, law 392/78, where the activity carried out by the tenant involves direct contact with the public of users and consumers and the contract ends due to termination by the landlord, the tenant is due a start-up allowance equal to 18 months' rent paid. The rental contract is subject to registration, pursuant to article 17, Presidential Decree of 26 April 1986, number 131.
source: Real Estate News
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