The types of leases for residential use


Over the past few weeks, we have addressed several issues related to leases. It is now time to Know what types of contracts are provided in the field of real estate rental.

In general, all leases regulate the relationship between a landlord, that is, the owner of the property, and the tenant, which in the case of residential leases is also referred to as tenant, so it is the party who enjoys the use of the property itself. In the contract, therefore, the monthly rents to be paid by the tenant in favor of the landlord are determined and all those agreements, again in compliance with the law according to the contract formula, that are made by the two parties.

The types of leases in residential areas are as follows.

  • free rent lease
  • lease agreement
  • transient type lease
  • transitional contract for students

Beyond the specifics that we will shortly describe for each type of contract, it should be pointed out that each one moves within certain limits determined by current law. We also mention in this article that a contract not properly registered with the Internal Revenue Service is void.

One of the aspects on which the law intervenes is the duration of validity of the contract itself and the rules that determine the renewal option and the withdrawal option.

Freehold lease

By entering into a rent-free lease the two parties, landlord and tenant, freely determine the rent which the tenant is required to pay to the landlord. The law stipulates that this type of contract must have the minimum duration of 4 years upon the expiration of which the contract itself is automatically renewed for an additional 4 years. Hence the well-known designation of "4+4 contract". Technically, the contract could extend further in time, so beyond the first 8 years.

The landlord shall have the right to terminate the contract at the end of the first four-year period only in one of the following cases:

  • The landlord decides to use the house for himself or a family member;
  • The landlord sells the property with the condition that he has no other vacant property in the same municipality;
  • The landlord needs to intervene with structural work on the property.
  • The tenant has the availability of other housing
  • The tenant does not continuously occupy the dwelling and has established his or her residence elsewhere

Both, landlord and tenant, at the end of the first 8 years have the right to terminate the contract without the need to give reasons for the decision.

The tenant for his part may decide to terminate the lease for serious reasons occurring during the term of the lease. Serious reasons are represented as facts provided by law and include cases of force majeure forcing the tenant to move out or cases in which a malfunction of the property or a defect in it endangers the safety of the tenant and his family members. To these reasons may be added others that the two parties, landlord and tenant, decide to provide for and put in writing in the lease agreement. It should also be mentioned that the locution "serious reasons " turns out to be highly debated, case law over the years has led to greater elasticity in the implementation of this right but even today some gray areas persist on its interpretation.

In any case, both the landlord and the tenant, should they decide to terminate the contract, each respecting the cases listed above, are required to Send a registered letter to the other party at least 6 months in advance. Inaction by the parties produces at the end of each four-year period automatic renewal of the contract for an additional four years on the same terms.

Agreed rental agreement

In the rental contract with agreed rent the rent is not determined by the parties, but is fixed by agreements made by associations in the local area which look after the interests of landlords and tenants respectively. This type of contract was introduced in order to calm rental prices so as to make it easier for those who need to rent houses.

In part we can say that it is a measure introduced following the abolition of the famous "fair rent".

Even the owners enjoy certain benefits which mainly result in a tax abatement. In fact, the landlord will have to pay IRPEF on a reduced rent of 30% in addition to a discounted registration tax of 30%. On the other hand, in the hypothesis that the property chooses the tax regime of the dry coupon, the rate applied goes down from 21% of the free rent contracts to the subsidized rate of 10%.

You can learn more about the topic of contracts with dry coupon in this article.

A tax benefit is also provided for the tenant since for incomes within 15,493.71 euros there is an income tax deduction of 495.80 euros, while for incomes above but up to 30,987.41 the deduction is 247.90 euros.

Agreed rent lease has a term of 3 years + 2 years. At the end of the three-year period landlord and tenant may decide to terminate by sending at least 6 months' notice by registered letter. Otherwise it will simply be valid for 2 additional years.

At the end of the five-year period, the two parties are free to re-agree for new terms, to extend the contractual relationship by 3 years or 2 years, or to terminate the contract always by sending a registered letter at least 6 months in advance.

Transitional lease

The transient type of lease is provided for cases where it is Justified the temporary need for a use of the property by the tenant for a limited and short period of time. Consider a temporary relocation for work needs.

In fact, the lease for this type of contract must have a duration between 1 month and 18 months. Documents stating the reasons for the need for transitional residential use of the property under the lease should be attached to the contract.

After the expiration of the lease period that is determined in writing in the agreement, the agreement itself naturally expires without any need for notification between the parties. They have the option at that point to determine a new agreement or extend it only if the grounds of necessity we wrote about earlier exist.

With regard to tax dynamics, the benefits provided in contracts with agreed rent also apply in said contract.

Student lease

The student lease is a special type of transitional lease agreement. In practice it is provided for off-site students and in fact it is practicable only in municipalities that are university seat Or hosting branch offices. This contract must have a duration between 6 and 36 months and benefiting must be a tenant or group of tenants who document their student status at the University. Students benefiting from the property must have residency in a municipality other than the one in which the university attended is located.

It is the responsibility of the landlord to verify that these conditions are met.

This contract can be renewed once it comes to an end. Either party may terminate before the expiration with at least 3 months' notice.

Contract of loan for use

A separate chapter, however, is that on the loan agreement of real estate, this contractual formula is provided when an owner assigns the use of the property to one or more persons without collecting any rent.

The time of duration can be either fixed or indefinite. In the second case, the owner has the right to repossess the property when he is in need, and the bailer is obliged to return it to him.

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