The first month of quarantine has passed and unfortunately there is still no official indication on the issue of rents. In the absence of ad hoc decrees, we have to consider all ‘traditional’ contractual bonds as valid, but given the emergency situation we decided to involve the experts from Certified Rent and
to clarify all the most frequent doubts.
- 1 1) As a tenant, can I not pay rent by bringing covid19 as a cause?
- 2 2) Can I not pay utilities for these months of quarantine?
- 3 3) As a landlord, are there any tools to get my tenant to make payment?
- 4 4) Can I get a tax credit if I paid the March rent?
- 5 5) If I don’t pay rent, can I become delinquent?
- 6 6) Can I receive an eviction notice during quarantine?
- 7 7) What help can we expect from the state?
- 8 While waiting for help from the government, here is what we can do:
- 9 1) Come up with a written agreement for rent reduction:
- 10 2) Is it possible to cancel the lease?
1) As a tenant, can I not pay rent by bringing covid19 as a cause?
No! The Rent, unless the parties agree otherwise, must be paid.
At present, the decrees issued by the government for the COVID-19 emergency, including the “Cure-Italy,” do not contain any provisions that allow the tenant to suspend rent payments.
2) Can I not pay utilities for these months of quarantine?
Also utilities must be paid, however, the Energy Networks and Environment Regulatory Authority has ordered. Until April 13, 2020, the blockade Of all possible procedures of Delinquency suspension of electricity, gas and water supplies – of households and businesses-already launched since last March 10. It is likely that this deadline will be extended given the continuation of the emergency. Basically, if you fail to pay your bills, the supplies will continue, but the utility will be able without interrupting service to proceed to collect the debt.
3) As a landlord, are there any tools to get my tenant to make payment?
There are no exceptional means of recovering unpaid emergency fees, it should proceed with formal notice to comply, and possibly with the judicial procedure of eviction for default and injunction for the recovery of unpaid amounts from the tenant, taking into account, however, the suspension of evictions to date extended until July 2020.
4) Can I get a tax credit if I paid the March rent?
The Cura-Italia Decree grants individuals engaged in business activities for the year 2020, a tax credit to the extent of 60 percent of the amount of the rent, related to the month of March 2020, of properties falling under the cadastral category C/1 (stores – commercial funds). It is very likely that this measure will be extended for the coming months as well.
5) If I don’t pay rent, can I become delinquent?
Yes, but eviction for delinquency cannot be enforced before July 2020.
6) Can I receive an eviction notice during quarantine?
Currently with the “Cure Italy” decree, an eviction freeze was approved until June 30, 2020, so any executions are postponed until July 2020.
I believe that if the tenant is suffering from medically certified covid-19, although not specified by any procedural rule, the bailiff, who is in charge of eviction even after July 1, 2020, can defer enforcement until the quarantine is over.
7) What help can we expect from the state?
Increased sums made available to the Non-justifiable Morosity Fund, which having the income requirements is disbursed by the respective municipalities of residence, to which the written application must be addressed. Municipalities have sums available for families who are unable to pay rent for serious reasons (low-income families).
While waiting for help from the government, here is what we can do:
1) Come up with a written agreement for rent reduction:
Tenants and landlords can agree and reduce the rent for the Coronavirus emergency with temporary impact during this difficult period. To avoid paying taxes on uncollected royalties, the agreement must be registered within 30 days by filling out Form 69, which you can find here or find at the Internal Revenue Service.
In this case there are benefits for both parties, the landlord will have a tax relief, and still even if it is to a reduced extent he can still enjoy the rent payment, the tenant can continue to enjoy the property by saving on the rent measure.
2) Is it possible to cancel the lease?
It is possible to proceed with the resolution by invoking Art. 1467 c.c. ” if the performance of either party has become excessively onerous due to the occurrence of extraordinary and unforeseeable events” (extraordinary and unpredictable events such as COVID-19).
In this case there is a final termination of the agreement between landlord and tenant, so the tenant will have to move out promptly and vacate the house. As a reminder, payment of past fees (March or April) will be mandatory here as well.
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