12 December, 2017

Rental agreements entered by and between a foreign owner of the house and a tenant in Italy

Rental agreements entered by and between a foreign owner of the house and a tenant in Italy: the Italian qualified lawyer can propose the kind of rental agreement more appropriate and compliant to the Italian la

 

One of the greatest difficulties for a foreign owner of a house (or of a flat, a whole building, an office, a shop, a hotel, an industrial warehouse, a factory or a field) in Italy is to rent the house in accordance with Italian laws and regulations to enter into the most appropriate rental agreement to the owner’s and to the tenant’s needs.

 

Using copies of drafts found in internet, indeed, does not allow the owner to be sure about what has been drafted and, at the same time, exposes the owner to serious risks of the agreement being null and void. At the same time, it will not be possible for the foreign owner of a house to translate a rental agreement of his/her country of origin in the Italian language to be protected in the best possible way. Our law firm advises the clients concerning rental agreements and avails itself of professionals, able to draft the kind of rental agreement more appropriate to the parties’ needs and to advise the client concerning all obligations set forth under the Italian law like, for example, the registration of the agreement.

 

The five kinds of agreements for residential purposes are the following ones:

 

  • Ordinary agreement: the rent is agreed freely by the parties but the duration of the agreement must be equal to four years with automatic renewal after the first four years;
  • Temporary agreement: agreements with duration not shorter than one month and not longer than 18 months;
  • Agreed rent agreement: the rent is agreed in accordance with provisions set forth under Owners’ associations and tenants’ associations, the duration of the agreement must be equal to three years with automatic renewal for other two years;
  • Students agreement: the rent is agreed in accordance with provisions set forth under Owners’ associations and tenants’ associations, the duration of the agreement must be not shorter than six months and not longer than 36 months;
  • Free of charge agreement: gratuitous agreement (no consideration) whose terms and conditions generally allows the tenant to use the house until the owner will ask the house back.

 

Analysing the kind of agreements set forth under the Italian law, it can be easily understood how appointing our law firm could allow the client to have both a quick evaluation of the concrete case and the drafted agreement that may suit best his/her needs, avoiding the risk of null and void clauses. Moreover, Marzorati law firm advises each client for the whole duration of the agreement and for any query it may arise out of the execution and/or the interpretation (interpretazione) of the agreement.

The two kind of agreements for commercial purposes are the following ones:

 

  • Commercial agreement: the rent is agreed by the parties autonomously but the duration of the agreement must be equal to six years with the automatic renewal for other six years;
  • Hospitality agreement: the rent is agreed by the parties autonomously but the duration of the agreement must be equal to nine years with the automatic renewal for other nine years.

 

Analysing the kind of agreements set forth under the Italian law, it can be easily understood how appointing our law firm could allow the client to have both a quick evaluation of the concrete case and the drafted agreement that may suit best his/her needs, avoiding the risk of null and void clauses. Moreover, Marzorati law firm advises each client for the whole duration of the agreement and for any query it may arise out of the execution and/or the interpretation (interpretazione) of the agreement.

 

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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