law reform rents
Chapter
LOCATION OF BUILDINGS DESIGNED FOR USE ABITATIVOArt. 1.
(Scope).
1. The leases of property used for residential purposes, hereinafter referred to as "leases" are entered into or renewed after the date of entry into force of this Act, pursuant to paragraphs 1 and 3 of Article 2.2. The provisions of Articles 2, 3, 4, 7, 8 and 13 of this Act shall not apply:
a) leases for buildings bound under the law of 1st June 1939, No 1089, or land included in the categories A / 1 A / A and 8 / 9, which are subject only to the rules laid down in articles 1571 and following of the Civil Code should not be concluded in the manner described in paragraph 3 of Article 2 of this Act;
b) the public housing units, which are placed under the applicable rules, state and regional
c) leased housing exclusively for turistiche.3. The provisions of Articles 2, 3, 4, 7 and 13 of this Law shall not apply to leases granted by local authorities acting as conductors to meet the housing needs of transitional nature, which are subject to the provisions of Articles 1571 and following of the Civil Code. These contracts are not covered by Article 56 of the Law of 27 July 1978, n. 392.4. From the date of entry into force of this Law, the signing of the leases is valid request in writing
Article 2.
(Method of signing and renewal of leases).
1. The parties may enter into leases for periods not less than four years elapsed which the contracts are renewed for a period of four years, except in cases where the landlord wants to use the property to use or carry on the same works referred to in Article 3, or sell the property under the conditions and the procedures set out in that Article 3. At the second end of the contract, each party has the right to initiate the procedure for renewal or new conditions for the waiver of the renewal of the contract, stating its intention by registered letter to be sent to the other party at least six months before it expires. The responding party must respond by letter within sixty days from the date of receipt of the recommendation referred to in the second period. In the absence of response or agreement the contract will be expired on the date of termination of the lease. In the absence of communication in the second period, the contract is automatically renewed under the same condizioni.2. For contracts issued or renewed pursuant to paragraph 1, the parties may be assisted by organizations of the property and construction conduttori.3. As an alternative to the provisions of paragraph 1, the parties may enter into lease agreements, defining the value of the rent, the duration of the contract, including in relation to the provisions of Article 5, paragraph 1, while still complying with the provisions of paragraph 5 of this article, and other contract terms on the basis set out in the agreement set out in the between local organizations and the construction of the property most representative organizations of the conductors, which provide the definition of standard contracts. In order to promote the above agreements, the municipalities, including associations, shall convene the organizations shall within sixty days of issuing of the decree referred to in paragraph 2 of Article 4. The same agreements are deposited by the signatory organizations in each municipality of the territorial interessata.4. To promote the implementation of the agreements referred to in paragraph 3, municipalities may decide, in accordance with a balanced budget, tax rates municipal property tax (ICI) are more favorable to landlords who will rent as a principal residence property under conditions defined in the agreement. Municipalities that adopt these resolutions may waive the minimum limit established for the purpose of determining the rates and rules in force at the time when those proceedings are taken. The municipalities referred to in Article 1 of Decree-Law of 30 December 1988, n. 551, ratified with amendments by Law of 21 February 1989, n. 61, as amended, for the same purpose in the first period may provide that the maximum limit established by law in no more than 2 per thousand, not limited to the leased property for which are not leases have been recorded by at least two years.5. Leases concluded pursuant to paragraph 3 may not be less than three years, except those referred to in Article 5. At the first expiry of the contract if the parties fail to agree on renewing the same, the contract is automatically extended for two years subject to the right of cancellation by the landlord that wants to use the property to use or carry out works on the same Article 3, or sell the property to the conditions and manner specified in that article 3. On expiry of the period of extension for two years each party has the right to initiate the procedure for renewal or new conditions for waiving the renewal of the contract stating its intention by registered letter to be sent to another part at least six months before it expires. In the absence of communication, the contract is automatically renewed under the same condizioni.6. The leases granted before the date of entry into force of this law that are renewed tacitly are covered by paragraph 1 of this article.
Article 3.
(Termination of contract by the landlord).
1. At the first expiry of the contracts concluded pursuant to paragraph 1 of Article 2 and the first term of the contracts concluded pursuant to paragraph 3 of that article, the lessor may claim the right of refusal to renew the contract by giving notice to the tenant with notice at least six months, for the following reasons:
a) when the landlord intends to allocate the property for residential, commercial, craft or profession, right, spouse, parents, children or relatives within the second degree;
b) when the landlord, the legal person, company or public body or however, with public purpose, social, mutual, cooperative, charitable, cultural or religious intends to devote the property to the tasks intended to pursue their objectives and offer the tenant another suitable property and of which the lessor has the full availability;
c) where the tenant has the full availability of a free and appropriate housing in the same municipality;
d) where the property is included in severely damaged a building that is to be rebuilt or must be ensured that the stability and permanence of the conductor is an obstacle to the completion of necessary work;
e) where the property is located in a building which is expected to complete restructuring , or you intend to operate the demolition or radical transformation to achieve new development, or, in the case of property on the top floor, the owner wants to initiate elevations in accordance with the law and to execute them is essential for technical reasons, the removal of the property ;
f) where, without that there has been no legitimate succession in the contract, the tenant does not occupy the property continuously without just cause;
g) where the landlord intends to sell the property to third parties nor has the ownership of other properties for residential as well as possibly used as a home. In this case the tenant is granted the right of first refusal must be exercised in the manner provided for in Articles 38 and 39 of the Law of 27 July 1978, n. 392.2. In cases of termination by the lessor for the reasons referred to in paragraph 1, letter d) and e), possession for the execution of work therein, the grant or authorization of construction is a condition of admissibility 'share issue. The term of validity of license or authorization shall be payable to availability following the release of the property. The tenant has right of first refusal must be exercised in the manner provided for in Article 40 of the Law of 27 July 1978, n. 392, if the owner completion of the work, grant new leases the property. In the communication of the lessor must be specified, under penalty of nullity, the reason, among those strictly indicated in paragraph 1, on which the notice is fondata.3. If the lessor has regained the availability of a result of unlawful exercise of the right of cancellation under this Article, the landlord himself is liable to pay compensation to the tenant to be determined at not less than thirty-six month's rent percepito.4 lease. For the procedure for refusal to renew the provisions of Article 30 of Law 27 July 1978, No 392, and subsequent modificazioni.5. In the event that the lessor has recovered, even with court proceedings, the availability of and not used, for the period of twelve months from the date on which he regained the availability, the uses to which he exercised right of cancellation under of this Article, the tenant is entitled to the restoration of the rental agreement under the same conditions of the contract canceled or, alternatively, the compensation referred to in paragraph 3.6. The conductor, if there are serious reasons, may at any time terminate the contract by giving notice to the landlord with six months notice.
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