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OBLIGATIONS OF LANDLORD AND CERTIFIED FIRE PREVENTION

Court of Cassation, sez. III, the n.13761 05/27/2008

The works to be carried out to obtain a certificate of fire prevention measures that should lead to change the original structure of the leased property for the obligation of their execution can not be charged to the landlord.

The lower courts had ruled that it constituted a breach of the lessor the lack of fire prevention certificate, made it necessary for the occurrence of new rules.
The Supreme Court confirmed this interpretation, rejecting the appeal, confirming the guidelines under which their obligations under the Articles payable by the landlord. 1575 and 1576 Civil Code. not include the implementation of measures to modify or change the rented property, even when imposed by law or by the sopravenute delivery. The provisions that occurred may not be reason to expect that the lessor or any further processing of which by law or by contract shall be borne by the landlord himself.

Reggie Bennet Submission Holds

ADVANCE PAYMENT OF FEES AND RENTAL PROPERTIES FOR DEPOSIT

article 2 of Law n.351 of b 12.08.74, provides for the nullity of contractual clauses relating to advance payment of the fee for a number of months over three months.
The law subsequently introduced regulations on hiring, l.392/78, nothing about this policy provides, however, the Court of Cassation (sez.III, n.14470 of 30.05.08) recently ruled that the second source of law is not be understood as a substitute and then repeal the whole of the first being some of the more dated aspects perfectly compatible with the legal text of 1978.

In conclusion it must be held void the contract clause providing for the payment of the fee in advance of more than three months and, by extension, one that requires a security deposit greater than the same period.

The Supreme Court justifies the interpretation that the principle of non-profit beyond certain parameters by the lessor. The availability of an unjustified and substantial liquidity so ahead of the consideration would make a profit through the investment of the amounts received.

This interpretation is questionable, however, forced from the free bargaining, so much so that the legal text of 1978 included nothing about it and today, in a liberal-oriented State, should be the task of government policies in support of the lessor with tools such as tax relief and not to penalize the landlord sees impair his freedom to dispose of property it owns.
In the case referred to above, the Supreme Court refers to the Court of Appeals to determine under the principle established and the invalidity of a clause requiring payment of royalties every six months early, the conditions of "gross misconduct" in order for the eviction for non-payment.

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