15 October, 2017

Compensation for damages caused to a house in Italy owned by a foreigner: the protection is bigger if the client is advised by an Italian qualified lawyer

In many cases, in Italy the citizen or the foreign owner (also a foreign company) of a house, or of a flat, a shop, a building or an office, also because of the distance, may face serious difficulties to manage possible conflicts arising out of any claims that could be filed by neighbours in case of damages. Indeed, if the house in Italy, owned by the foreigner, creates any kind of damages, the foreigner owner is forced to defend before the competent Italian Court, in order to show that he is not liable. Firstly, the citizen or the foreign company or the foreigner could receive a registered letter by an Italian qualified lawyer containing a request of compensation for damages occurred to his/her Italian client. In these cases, it is always better be advised by an Italian law firm which, on one side, will be able to start dealing with the matter at stake immediately and without wasting time and that, in case of a judicial proceeding, has a deep knowledge of the Italian law and therefore will be able to protect at its best the foreigner in Italy. The foreigner, indeed, shall not need, unless he/she wants to, attend personally before the Italian competent Court and will be able, if he/she likes it, to appoint directly our law firm.


The out-of-Court phase: the foreigner receives a letter regarding legal matters in Italy

In case of a registered letter or an ordinary letter as well as requests sent by an Italian qualified lawyer, the foreigner shall not underestimate the matter at stake, but shall instead appoint directly an expert Italian qualified lawyer, who shall be able to advise him/her with the utmost care on which are his rights, on how to proceed and on how to manage the negotiations with the damaged people with the specific purpose of avoiding, if possible, to file before the Italian competent Court and avoiding to start a lawsuit. Marzorati law firm avails itself of professionals located all over Italy who may evaluate the amount of damage and who may get in contact directly with the Italian qualified lawyer of the counterparty to start a negotiation, which may achieve concrete and quick results.


Judicial phase: the foreigner receives a notice concerning a lawsuit in Italy

When a foreign company or a foreigner receives a judicial deed, like for example an injunction (ricorso) pursuant to Article 700 of the Italian Procedure Code or pursuant to Article 702 bis of the Italian Procedure Code or a writ of summons (atto di citazione), or a preventive expert assessment (accertamento tecnico preventivo), the situation is more complicated because the owner of the damaged assets has decided to file for an intervention by the competent Italian Court. In this case, time is of the essence, also because in some cases the date of the hearing before the Italian competent Court could be very close to the one of the reception of the deed. The foreign owner of assets in Italy will be able to appoint our law firm for any request / clarification that may be needed, so that our law firm could be able to draft with no delay the best possible deed to safeguard and protect the foreign owner’s interests.


When the tenant (of the asset owned by a foreigner) is liable

The foreigner owner of an asset may be liable as he/she is obliged to the custody and the management of his/her own assets, but when the house is rented, also the tenant has some obligations that, if are not fulfilled, shall entail responsibility on the tenant in case of damages occurred to third parties. In these cases, the tenant shall take care of the accessories and of all the parts of the rented asset.

In this case, our law firm could advise the client, so to try to convince the competent Court that the occurred damage(s) has(ve) been caused by breach of contract by the tenant, who has not fulfilled his/her duties in accordance with agreed terms and conditions. For example, when the damage is caused by seepage of an external pipe or by the sink of the bathroom, our law firm, thanks to our network made of technical professionals specialized in calculation and expert consultants, shall do its best to prove that the damage may not be caused by the lack of maintenance of the pipes but by the lacking care of the tenant, who in this case shall compensate the owner for the damage(s).

Marzorati Law Firm is specialised in real estate law, also internationally, and its lawyers usually deal with sale and purchase agreements, rental agreements and ancillary agreements. To advise all its clients all over Italy and worldwide, Marzorati Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.

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