According to Italian Civil Law, article 1571 states that the lease agreement is a contract to which the landlord undertakes to benefit the tenant with a movable or immovable asset. Based on that, the lease agreement depends on the nature of the good object of the contract.
The landlord is usually the owner of the movable or immovable asset. However, It also might be a subject that is entitled to dispose of the asset based on a previous agreement.
The tenant is the contractual party that receives the asset under his/her disposal. The tenant earns a personal usage right over the asset.
The lease agreement:
– Consensual;
– has binding effect;
– is mutual;
– is an onerous contract;
– is a fixed-term contract; (It should not last more than 30 years)
Landlord duties
The landlord has the responsibility to deliver the asset in good condition. Furthermore, it shall maintain the good in such way the tenant is able to benefit from it. Finally It has to guarantee the enjoyment of such good by the tenant. Specifically, in the event the landlord delivers the dwelling that is not in the condition to serve the purpose of the lease agreement, the tenant has the right to:
– terminating the agreement
– ask for a reduction of the lease.
Tenant duties
The tenant shall use good sense and due diligence while enjoying the good. The tenant is responsible for small maintenance of the good. Generally speaking, the landlord is responsible for maintenance involving the structure of the dwelling while the tenant is responsible for the maintenance involving the deterioration of the good due to its usage.
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