Location, urban property, the form of termination of the lease (15/02/2011) Court of Cassation, Section II, Case 7 January 2011, No 263
The termination of the lease on an act unilaterally and negotiating recettizio expression of potestative right granted "ex lege", concretantesi a manifestation of intention to prevent the continuation or renewal of the relationship implied rental. While providing the art. 3 of Act No. 392, 1978 (subsequently repealed by art. 14 of Law No 431 of 1998, but temporally applicable in this case) that the notice should be sent by registered mail, however, this form is not required under penalty of nullity (not inferred by interpretation), so that can be communicated in any way, provided they bring to the attention of the conductor the unequivocal determination the landlord not to renew the relationship to end. On the basis of these principles is possible, therefore, that the notice is contained in a pleading as the eviction for termination, in which, however, for this purpose must be expressed clearly and without the possibility of misunderstandings that will the lessor, or be assumed that the same is logically and legally.
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