Rental contracts, choose the right one for your needs
If you are looking for a house or a room to rent, you will find yourself faced with the need to enter into a contract, but which one?
In Italy there are different types of rental contracts and therefore different constraints and obligations to be respected, fundamental rules for renting your place.
Now let’s see what are the main types of rental contracts:
- Free rental agreement (Contratto a canone libero) “4+4”
- Rental contract with agreed fee (Contratto a canone concordato) “3+2”
- Transitional lease agreement (Contratto transitorio)
- Rental contract for university students (Contratto per studenti universitari)
Free rental agreement (Contratto a canone libero)
The rent for this type of contract is freely determined by the parties. It is one of the most used rental contracts and is also known as a “4+4 contract”. The law has established a duration of four years, which can be extended for another four, unless there is a cancellation.
Beyond the limits set for the duration, you can freely decide on various accessory elements of the contract, such as, for example, the “Istat” (inflation index) adjustment of the fee.
Rental contract with agreed fee (contratto a canone concordato)
If you decide to adopt this type of contract, you will have a number of aspects to consider. On the basis of the Local agreements (accordi territoriali), the fluctuation range of the rent are established.
Within this renge it is possible to agree, between the parties, the rent for the contract, taking into account factors such as the characteristics of the building (maintenance status of the entire building) or the unit or portion of the real estate unit, and therefore the type and maintenance status of the accommodation, its state, the possible presence of a parking space, garage or cellar (the appurtenances), common areas (courtyards, green areas, indoor sports facilities, etc.) and the provision of services technicians such as lift, type of heating, energy performance and air conditioning.
If you do not opt for the flat rate coupon which provides for a preferential rate of 10% for this type of contract (in the case of free rent it is 21%), you will have to take into account the update of the rent to the contracted extent (not exceeding 75% of the Istat variation), if provided for by the territorial agreements.
If you choose this contractual formula, it is essential that you use, at the time of signing, the contract attached to the Ministerial Decree.
Conventioned rental contract (Contratto a canone concordato)
Law no. 431 of 9 December 1998 which governs this contract, also defined as a “3+2 contract”, provides for a minimum duration of three years, with automatic two-year renewal upon expiry, in the event that the parties do not agree on the three-year renewal and provided that it is not made a cancellation. This contract has a variable duration and is undoubtedly shorter than that of the four + four contracts.
The positive aspect to be evaluated is the possibility of a controlled rent, which is usually fixed by a table agreed in the various municipalities, between the owners ‘organizations and the tenants’ organizations.
You will have an additional advantage, from a fiscal point of view, that is to be burdened by lower taxes and, in some cases, to also be able to take advantage of tax breaks.
Transitional lease agreement (Contratto transitorio)
The transitional contract is also widely used and widespread.
It is possible to extend its duration up to 18 months, but it must however be justified by particular needs, documented in the contract with a specific declaration, attributable both to those who rent (tenant) and to those who rent (lessor), such as for example :
- mobility due to your profession;
- study needs;
- professional training;
- search for employment solutions.
Rental agreement for university students (Contratto per studenti universitari)
If you are a university student you also have the opportunity to take advantage of this type of contract which has a limited duration and can extend for a period of time ranging from six months to three years, renewable at the first expiry.
The renewal is automatic and has a duration equal to the original one, unless canceled by the tenant who must be notified at least 1 month before and in some municipalities even 3 months before.
It is possible to withdraw from the rental contract only if you intend to terminate the contract before its natural expiry and in the presence of certain conditions.
You can take advantage of this type of contract if you have in the same city where you live the university, or on seconded university courses and specialization, or higher education institutions or if you live in neighboring municipalities or if you are enrolled in a course of degree or post-graduate training (such as masters, doctorates, specializations or specializations) in municipalities other than that of residence. This rental contract can be signed either by the individual student or by groups of university students or by companies for the right to study.
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