With reference to the object, this is formulated in the interest of Demar Srl Unipersonale, owner of the property already leased to the ASD California Fimess Club of Giuliani Michele, to rectify what has been published in the article in the epigraph. In fact, unlike what would seem to be inferred from the aforementioned article, the eviction order for arrears it did not only concern the fees relating to the Covid-19 emergency period, but also an accrued past arrears, so that the instrumentality of the provided reconstruction of the facts cannot fail to be noted.
Without prejudice to the above, looking at the switchboard, we take the opportunity to observe that the current emergency situation poses considerable problems to all categories of workers, including not only the tenants who manage the activities, but the landlords of the properties themselves, who continue to make respect for the synallagmatic relationship between the parties, their performance, although the tenant’s right to enjoy the property is temporarily weakened.
In the current emergency situation, landlords also constitute an injured party when they often see the payment of the rents due to them under the contract reduced, if not completely suspended, without this economic loss being compensated by the Government, which today (net of the application of art. 28 of the Relaunch Decree, which in any case contains a provision in favor of the tenant) has not provided for concrete protections to compensate the damages suffered by these suffered, it should be remembered, for reasons not attributable to them. Finally, to this is added the impossibility of proceeding, even in the event of obtaining the eviction against the defaulting tenant, with the execution of the same until 31 December 2020, as provided, by virtue of the amendment inserted in the conversion. in law, by the “Relaunch” Decree (Legislative Decree no. 34/2020 converted into Law no. 77/2020) to article 17bis, which has precisely extended the term initially set to 31 August 2020.
We receive and publish the clarification note from the lawyer Arianna Maria Di Pietro on behalf of Demar srl Unipersonale.
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