The lease contract provides for specific obligations for both contracting parties. Among the obligations borne by the tenant, in addition to paying the rent, there is that of delivering the rented property in a good state of repair. With this expression, it is not meant that the thing must be returned in an impeccable crystalline state. Thus, for example, the tenant will not be required to paint the property before it is returned.
However, it must be made available to the owner, in good condition, considering the ordinary use and the normal wear and tear of time. In any case, the asset must not have been damaged, for example: visibly ruining the walls, fixtures and everything that is part of it. There is, in fact, a notable difference, Blink of an eye detectable, between normal wear and damage. Therefore, once the latter has been found, the tenant will certainly have to answer for it, for breach of contract. So, the question arises: “what happens if the tenant hands over the damaged property to the owner?”.
Responsibility of the tenant
To answer the aforementioned question, we must start by saying that the tenant will respond in compensation for the damage caused to the rented apartment. Therefore, he will have to pay the former landlord the cost of the work necessary for the reduction in restoration of the apartment. To do this, of course, it will be necessary to undertake a judgment in which he will have to prove all the damages suffered. However, the cost of the damage is not the only actual damage the lessor will have to suffer. In fact, he will inevitably also be damaged by the time required to carry out the work, during which he will not be able to rent the apartment.
The damage from non-rental
So what happens if the tenant hands over the damaged property to the owner? Well, according to the Court of Cassation, he will have to compensate in addition to the material damage inflicted, including that from non-renting of the property. Thus was pronounced the Supreme Court with sentence no. 6596/2019.
Therefore, in summary, if the tenant releases the damaged property, he will face two responsibilities. Notably: 1) to compensate the sum necessary for the restoration; 2) that of repay the rents that the conductor could not perceive. Their amount is commensurate with all the time that was necessary for the execution of the works. This is because, according to the reasoning followed by the Ermellini, the rent must be paid by the tenant until the property is released. If, however, this has happened in such a way as not to make the thing available to the owner, the fee must be incurred until the asset is usable by the same.
Deepening
How soon can I evict the tenant who does not pay?
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