Until a few years ago, the rental market was seen as a jungle with a sign at the entrance that read “Abandon All Hope O You Who Enter.” Fortunately, there have been quite a few innovations and improvements in this area in recent times. Established the importance of Enter into a regular lease agreement, in 1998, thanks to the entry of the National Convention of February 8, 1998, also provided for in Art. 4 paragraph 1 of the law 431/1998 two special forms of contract designed specifically for leases of a transitional nature were regulated:
Student lease – This type of contract can be signed for a lease of a minimum duration of 6 months to a maximum duration of 36 months. Different covenants that may be included in the contract at the discretion of the parties regarding duration shall be deemed null and void. It is a type of contract aimed at both the individual student and groups of off-campus college students, or even companies involved in the right to study. The rent is usually freely determined by the parties, as long as the maximum amount stipulated in territorial agreements is still met. In addition, the fee amount is also calculated taking into account:
- Area of the city in which the property is located (historic center, semi-central, suburban);
- Condition of the property (average quality, acceptable);
- size of the property (square footage);
- Furniture of the property and its status;
Subletting is expressly prohibited for this type of contract. Should the student be temporarily absent from the city in which he/she is studying and during this time he/she does not wish to leave the room unused, he/she may submit a notice of partial residential sublease to the landlord of the property.
Another type of lease dedicated to out-of-town students is the rental contract of a transitory nature. The minimum term in this case is one month, while the maximum term cannot exceed 18 months.
Among the elements that must necessarily be contained in the contract assumes importance The express indication of the transitional requirement. The tenant, preferably by registered A/R letter, must bring to the landlord’s attention the requirement against which it is necessary to enter into the contract itself. It will be the responsibility of the owner to verify the existence of the alleged need communicated to him. If there is no express reference to the transitional requirement in the contract, its duration will automatically be extended to that normally stipulated by law for standard lease (i.e., 4+4 years).
For both forms of contract, the landlord can use the mode of the dry coupon. An alternative form of taxation that can significantly reduce the tax burden on income from rent.
If you want to terminate your lease before it expires, we recommend that you read this article where we explain in detail how you can terminate your lease and what are the laws governing the practice: how to terminate your lease before it expires.
Another crucial point in leases is the deposit, which is a sum of money that is handed over by the prospective tenant to the landlord because he or she is seriously and concretely interested in closing “the deal” and thus signing the lease. Here is an in-depth discussion of the topic: Deposit in rental contracts.
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