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Therefore, if you rent a property, it is absolutely necessary to insert this clause.
In times of economic crisis, a rental property is an important resource that can become a good component of monthly income. But the risk of late payments is high. And there is also the fear of not being able to evict the delinquent tenant for a long time. How is an armored rental contract concluded? Here is a solution that is making a comeback. This is the express termination clause. This is what it is and how it works, with the suggestions of ProiezionidiBorsa’s Law and Tax experts.
The rescission clause movement
In a lease, the express release clause can be crucial for a landlord who finds the property unduly occupied. Notaries and accountants recall judgment no. 9118 issued by the Court of Milan on July 13, 216. It declared valid the ipso jure resolution of a rental agreement that contained it. In that case, the tenant was not only in default of some of the fees to pay, but had not even carried out the promised renovations. The landlord had rented his own premises at a reduced price, to be paid in advance. However, the contract provides for the obligation, for the lessee, to carry out the reforms within three months. The contract established with an express clause the termination of the contract. That is, both in the case of non-compliance with the works and in the case of non-payment of the fee.
However, the resolution is not automatic.
According to the jurisprudence of legitimacy, the legal termination of a contract, foreseen by the contractors with a specific agreement, does not occur automatically. Also as a consequence of the breach of a specific obligation. The contracting party directly affected by this agreement must notify the other non-performing party that it intends to make use of this clause. In this case, the judge only has to verify if this termination clause is actually expressed in the contract. If it exists, verify the breach provided for in the clause. And if the creditor has communicated in writing, perhaps even twice, to the debtor that he wishes to make express use of this clause. This declaration activates the optional right to cause the termination of the relationship, according to the provisions of the judgment of the Court of Cassation no. 7178/2002.
Therefore, if you rent a property, it is absolutely necessary to insert this clause
In the initial stipulation of the rental contract, the explicit and specific mention of one or more obligations must be made. That, if they are not respected, they give rise to the resolution effect ipso jure, that is, on the ground. In the event of non-compliance with the payment of the rent by the tenant, the owner of the property must communicate that he wishes to make use of the immediate termination clause.
Referring to the contract and this specific breach. A warning should also be provided in case of persistent non-compliance. Was the clause inserted when the contract was signed? If so, and the tenant had to sign twice to reaffirm the will to respect it (otherwise the Court could declare it null and void), rest assured. If the tenant remains in default, the ipso jure termination of the lease can take effect immediately.
What happens in court
Therefore, if you rent a property, it is absolutely necessary to insert this clause. The statement of wanting to make use of the express termination clause can be very useful to remember. For example, also in the summons for the termination of the contract or in other judicial acts. The Court, instead of giving one more extension to the tenant who comes to lengthen things, immediately condemns him to pay the fees due. And also a work allowance without a title. Finally, if the works are planned and have not been executed, also to compensation for damages in an amount equal to the cost of said works.
