Numerous rules are relevant and to which reference must be made when it comes to residential leases
The duration of the lease, in many circumstances, can make the difference in the classification of the contract
The National Council of Notaries has recently published a useful, practical guide to renting and buying, and selling real estate called Home and Young People, in which it takes stock (with the contribution of Confedilizia) of some particularly relevant aspects for those who look with investment interest, and not only, at real estate.
Among the many issues covered, the one dedicated to the world of leases is of particular interest. More specifically, of leases for residential use.
The definition of residential tenancy
The residential lease refers, as intuitively understood, to the lease relationship between owner and tenant relating to a property to be used as a dwelling.
As highlighted in the paper under review, whether the residential lease is within or outside the urban context is almost irrelevant. Those houses that allow for housing regardless of proximity to a center are also considered rental properties. Moreover, what is most relevant to the framing of the lease for housing purposes is the actual use that is made of the property, regardless, in some ways, of its cadastral and urban planning regularity.
The primary normative references
Numerous provisions in reference to this contract come to the fore. Consider, for example (as recalled by the Notarial Guide) the rules:
which concerns the types of leases, established duration, and rent
which establishes the discipline of the so-called fair rent
that set provisions in the case of the tenant’s default
that determine the conditions for benefiting from the facilitated regime of the dry coupon.
The different types of rentals
In a precise way, the Guide under review differentiates specific categories of residential leases by characteristics.
Vacant housing leases
These are leases with a duration of at least four years, for which there is an obligation of the landlord to allow renewal for another four years at the first expiration, leases to which the parties are free to determine the extent of the consideration.
From the fiscal point of view, it is provided that in the case of free leases, new leases can be registered within 30 days of their conclusion or their effective date, whichever is earlier, by submitting Form RLI, the contract, as well as the certificate of payment of the registration tax (equal to 2% of the annual rent unless one opts for payment related to the entire contract term).
Regulated lettings
These are the facilitated facilities, the duration of 3 years + 2 years; transitional leases, leases for university students.
In particular, it should be specified that transitional leases are those leases that, to meet the parties’ specific needs, may have a shorter duration than the minimum duration limits provided for “free” and subsidized leases. In more detail, while there is no minimum duration limit, transitional leases can be up to a maximum of eighteen months.
On the other hand, when it comes to student leases, the duration limit is even more modified: according to the January 16, 2017 decree provisions, student leases can have a minimum duration of six months and a maximum of 36 months.
Short term leases
This definition refers to leases of real estate for residential use of a duration of no more than 30 days, entered into by individuals outside the exercise of business activity, to which are equated sublease contracts and contracts for the concession in the enjoyment of the property entered into by the bailer, having the same duration.
It is worth noting that the duration limit “must be considered to each contractual agreement” so that “even in the case of several contracts entered into in the year between the same parties, each individual contract must be considered, it being understood, however, that if the duration of the leases that occur in the year between the same parties is more than 30 days in total, the requirements related to the registration of the contract must be put in place.
Touristic lease
As can be easily understood from the reference to the name of this category, the key element for the definition of the lease under consideration is the purpose of the lease but not the location: meaning that it is irrelevant whether or not the property is located in a location with a tourist vocation.
In addition, as reported in the Commentary Guide, in the case of tourist leases lasting up to 30 days, the rules for short leases apply to them.
