For those who find themselves having to sign a lease in which, at variance with the current legislation, there are provisions regarding the distribution of ordinary and extraordinary expenses. Faithfully reflects a 24 articles found on the home that faces the subject.
fee free. Agreeing on terms other than the current rules
"Exceptions possible, but no abuse"
locations reform (Law 431/1998) does not devote a word to the division of costs between landlord and tenant. Apparently, we only maintain existing Article 9 of the law of fair fee, which concerns the breakdown of the costs of routine maintenance and repairs, and, conversely, to remove Article 23, which stipulated that in case of extraordinary repairs, the owner was entitled to "an increase of no more than legal interest on capital employed in the works and in the work carried out. Actually does something more: also repeals Article 79 which prohibits any stipulation of a fair fee likely to confer an advantage contrary to the provisions of the law. Therefore, the majority of the judges was unanimous on the fact that, in a four + four years rent-free, you can give the tenant the costs of maintenance, provided such exception to the law is clearly expressed. Yes, but all of them? If this were an owner, a few months after the expiry of the lease, could completely rebuild the apartment at the expense of the tenant, a result clearly abnormal. The most likely interpretation is different: the tenant must pay for the cost of internal operations decided at the meeting condominium. Conversely almost never have to pay the outstanding repairs in the apartment where he lives. In fact, the contractual arrangement to lease the apartment to see how the subject as it is. They are also prohibited (Article 1582) the innovations made by the owner 'likely to impair the enjoyment. " Not only that: in case of emergency repairs, extending beyond 20 days, the tenant is entitled to a reduction of the fee, "proportionate to the entire duration of the repairs themselves and the extent of loss of use" (Article 1584). Finally, Article 1609 shall charge the owner the cost dependent deterioration produced by age or by accident. It is true that a lease can also express exception to the rules of the Civil Code. But a court might disagree, considering the derogation clause in the Code as those considered unfair, even in contracts between private parties. Or believing that it would result in an indirect increase in the fee (a covenant invalid, in accordance with Article 13 of Law No. 431/1998). Since the departure from the rules is still possible, it is common that in the pre-leasing is made to "relive" the article 23 of the Act on the fair rent, in other words, maintenance is still paid by the owner, but in return he entitled to a fee increase pari (oggi) al 3% dei costi sopportati.
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