The new “rent to buy”

Article. 23 of the decree “unlocks Italy” has introduced the so-called “rent to buy”, a contract that allows the tenant to choose, after a number of years, for the purchase of price discounting by the part of the fees already paid. but because we see what is also known as “rent to own” has nothing to do with the location

in “unlocks Italy”, the “rent to buy” presents itself as a new type of contract. the legislature has in fact given to this type of contract a structure independent of the lease ordinary. one can not therefore speak of a “special” lease

it is not a contract characterized by the existence of a special clause under which the tenant has the right to acquire ownership of the asset is charged to the price – in whole or in part – the royalties paid. it is rather a contract characterized by specific rules, different from those of their normal leases

contracts are “rent to buy” all those contracts from which arises for the tenant a right of use of the property along with its right to purchase the leased asset. This means, for example, that you may be a contract under which the tenant benefits from a purchase option or a contract for an automatic purchase

it is important to know and sottolinere that the “rent to buy” is a different contract letting, because it should not apply the rules vincolistiche provided by law 392/1978 regarding the lease of urban property and the law 431/1998 regarding lease of property for residential purposes. the “rent to buy”, then, is released from the discipline of the minimum duration of contracts, their automatic renewal, the cancellation to prevent the renewal

the relationship between landlord and tenant is regulated by sull’usufrutto, in particular, the legislation provides that:

- The conductor, before taking possession of the asset to which the “rent to buy”, should take stock and make a deposit to the grantor

- Costs and typically charges relating to the custody, administration and maintenance of the property granted in enjoyment are charged to the tenant

- Are charged to the tenant extraordinary repairs made necessary by the default of its obligations to ordinary maintenance

- Extraordinary repairs are charged to the owner, the tenant must pay the owner the interest of the sums spent on special repairs

- If the landlord refuses to make repairs ordered to load or delay their execution without due cause, is on the faculty of the conductor of them at his own expense, which must then be reimbursed (to guarantee repayment of the tenant has the right to believe the property repaired)

respect, then, the case of default of the conductor, the art. 23, paragraph 5, of Decree 133/2014 provides that the lessor is entitled to the return of the property, and that if it is not otherwise agreed in the contract, he fully acquire royalties as compensation for granting the right to enjoyment

finally, we must emphasize that the “rent to buy”, to the end of its transcription in the land register, must necessarily be concluded for deed and whether the obligation to release is contained in a public act, this act could be worth as enforceable and then allow you to go directly to perform the specific, without having to pass through a process of cognition to form precisely enforcement.