The rental contract is a contract through which one party, the lessor, undertakes to allow the other party, the tenant, to enjoy a movable or immovable property for a given period of time for a specific fee.

The lessor has the obligation to deliver the property to the tenant in a good state of maintenance and must carry out, during the lease, all necessary repairs and extraordinary administrative maintenance except for small maintenance and ordinary administrative maintenance which are the responsibility of the tenant, keep it in a state to serve the agreed use and guarantee its peaceful enjoyment during the rental.

The tenant has the obligation to give the consideration within the agreed terms, take delivery of the asset observing the diligence of the good father of the family in using it for the use determined in the contract and to return the asset at the end of the lease in the same state in which it was received. 'received subject to deterioration caused by use.

Regarding urban rentals, there are two types regulated by law n.431 of 1998:

free of charge, determined according to market criteria with a duration of 4 years renewable for another 4 years and is resolved with the communication of one party to the other of the cancellation by registered mail with return receipt of at least six months

with a subsidized fee, lasting 3 years with a further renewal of 2 years and is resolved with the communication from one party to the other of the cancellation by registered mail with return receipt to be sent with at least 6 months' notice: the fee is determined according to the tables that take into account the state of the property and its location also as a territorial range for the market value; it is a contract that makes use of the agreement between the owners' union and the tenants' union.

The leasing of properties for commercial use means that the rent is established according to the agreement of the parties taking into account the market value; it has a duration of 6 years plus a further 6 years of renewal and is terminated if at the end of the twelfth year with at least one year's notice one of the parties communicates termination to the other by registered mail with return receipt.

If you want to proceed with eviction or debt recovery or initiate a lawsuit, it is best that the contract is stipulated in written form and duly registered with the territorially competent revenue agency.

In leasing for commercial use, it is common practice to request a six-monthly bank guarantee on first request, renewable for the entire duration of the contract, which will be an integral part of the contract, to avoid non-payment of rent. It should not be confused with the security deposit which has a different function: in fact it is used to pay for maintenance work on the property at the end of the tenancy.

There is also a further rental contract: it is the "empty for full" real estate management contract and involves entrusting the management of the owned real estate unit for a given period to an Agency which, in exchange for the payment of a fixed lump sum fee, will be able to conclude in its own name and on its own account individual rental contracts relating to the real estate unit in question, assuming the risks and obligations connected to the individual rentals.

When a rental contract is stipulated, the request may arise to renew it under new conditions and therefore at the end of its duration, either for residential use (4+4) or for subsidized residential use (3+2) or for commercial use (6 +6), the interested party can send a registered letter with return receipt to the other party within six months before the end of the duration of the contract or to activate the renewal procedure of the same under new conditions or to waive the renewal of the same .

In this last case, either the tenant spontaneously leaves at the time of expiry of the contract, otherwise the landlord is obliged to issue a license for termination of the lease with the simultaneous summons for validation, before the expiry of the contract, or, after the expiry of the contract, intimate the eviction with the contextual summons for validation; in the event of failure to pay the rent on time, the landlord has the right to notify the tenant of eviction with a summons for the validation of the same and request in this document the payment order for the overdue rent.

The deed must be notified to the debtor pursuant to art. 137 et seq. of the Code of Civil Procedure before the territorially competent court relating to the leased property; with the Cartabia reform it is mandatory to notify via certified e-mail for those who have this box.

If the defendant does not appear at the validation hearing or does not object, the judge validates the eviction or license by ordering the enforcement formula to be affixed to it with an order at the bottom of the summons; in the case of eviction due to non-payment, the judge issues a separate injunction decree, placed at the bottom of a copy of the notice, for the amount of the fees due and to expire until the eviction is carried out and for the costs relating to the notice .

If the defendant appears at the validation hearing, raising objections not based on written evidence, the judge issues a non-challengeable release order while the proceedings continue according to the forms of the special procedure, following an order to change the procedure.

The injunction decree and the eviction validation provision must be notified to the debtor for execution. If the debtor does not make the payment, the injunction decree already made enforceable will be followed by the notification of the injunction and the seizure of movables or real estate or by third parties.

As regards the eviction validation provision, it will be necessary to follow the rules of the code of civil procedure referred to in the execution by delivery or release: after having notified the eviction validation provision in vain without the spontaneous release of the property by the summoned debtor, it will be necessary to proceed with the notification of the order for delivery or release in which the deadline for release is usually foreseen; this precept is followed by a notice from the judicial officer with the communication of the day and time in which he will proceed with the release of the property also with the intervention of the help of the public force: from that moment the requesting party or person designated by him will be placed in possession of the property with the delivery of the keys.