Are you about to rent out your property for the first time? Signing a lease agreement with your tenant will help ensure that this is done on a regular basis and will give you legal protection should any problems arise. In Italy, a lease contract must be entered into in writing and registered; it should be written in clear and unambiguous language and include the terms of payment, the rules the tenant must follow, and details of what will happen if either party violates the contract. You can start with a standard contract and adapt it to your individual needs. Read on to learn more about how to write a lease.
Steps
Method 1 of 2: The Basic Concepts
Step 1. Give the contract a title
At the top of the page, write "Rental Agreement" or other appropriate title, to make it clear that this is a legal agreement.
Step 2. Identify all parties to the lease
Clearly indicate the name, surname, date of birth, tax code and address of both the landlord and the tenant, specifying who is renting the property and who is receiving it. Include additional information such as phone numbers and email addresses if you wish.
Step 3. Describe the property that is the subject of the lease
If you are writing a housing lease, write down the full address and number of the leased apartment, as well as the cadastral details. Mention the energy performance certificate (APE) of the property Describe the conditions of the property at the time of signing the contract.
Step 4. Write the length of the lease
This should have a start and end date, as well as the specific term of the contract in days, weeks, months or years. If there is any planned interruption in the continuity of use, or if there is the possibility of early termination, this must be specified.
- In Italy, the minimum duration of housing leases is usually four years, usually renewable for a further four years, unless justified by the landlord.
- You can sign a short, monthly or weekly lease for transitory housing needs (example: renting the house for the holiday period).
Step 5. Enter your financial information
For a residential rental, the payment information should include the amount of the rent and the conditions regarding the payment arrangements.
- Write on what day of the month the fee is due, and where and how it should be paid.
- Specify whether a penalty will be charged for late payment beyond a certain period, and its amount. For example, you could write, "If the tenant pays more than ten days after the deadline, he will be required to pay a penalty of 60 euros."
- Describe the conditions of the bail. It states the amount of the deposit and the terms of its return. Specifies that the deposit will not be returned if the property is not in good condition at the end of the lease. It indicates how many days after the end of the lease the deposit will be returned.
Step 6. Share the expenses and obligations of the parties
Specify who has to pay the utilities (gas, water and electricity), take care of the garbage and separate collection, the maintenance of outdoor spaces, and any other specific task of the leased property.
- Normally the utilities are paid by the tenant, but on the other hand if the landlord is the holder of the utilities, he remains obliged to pay the supplier. The lessor, as the owner of the property, is always obliged to pay the condominium expenses towards the condominium.
- Outline who is required to make repairs, keep equipment running, and so on. According to the law, the tenant is required to carry out ordinary maintenance and minor repairs due to use.
- You stipulate that the landlord is obliged to inform the landlord about problems with the leased property, including security problems, loss of keys, and so on.
Step 7. Outline the tenant's specific obligations in relation to the lease
This should typically result in the tenant being obligated to comply with all applicable laws, that the tenant agrees to use the property only for the agreed purpose, and that the tenant is liable for any penalties that may be applied, in the event of a breach on his part..
- You agree that the property is to be used for residential purposes only.
- Write what the tenant must do in case the property is damaged.
- Specifies whether the tenant is authorized to make changes to the property. For example, if the tenant wants to paint the walls, install a modem cable, and so on, you should state in the lease if these changes are allowed.
- Decide if pets are allowed and specify the rules that apply to them in the contract. You may request an additional non-refundable deposit for each animal based on the weight of the animal. You could decide that pets are only allowed indoors or, conversely, that they must remain in the outdoor courtyard. Could you specify the measures you could take if animals are not treated humanely. Carefully consider what it means to allow pets on your property.
- Determine if the tenant is authorized to sublet the property and outline the procedure for doing so.
Step 8. Specify the consequences of non-payment or violation of the terms of the lease
This should detail the measures that will be taken by the lessor in the event that the tenant has defaulted on the payment of the agreed rent or in his other obligations. List in detail the measures you could take as a landlord, including eviction notice for arrears or other legal actions
Step 9. Include spaces for signing by both parties and the date of the contract
Both the landlord and the tenant must sign the contract for this to take effect.
Method 2 of 2: Making Your Contract Flawless
Step 1. Follow the laws of the state
Laws regarding the rights of the landlord and tenant vary from state to state. It is very important to understand what the law says when writing a lease. If you find yourself writing something that cannot be enforced in court, your lease may become useless to you. You can start with a standard lease, but make sure it contains the correct forecasts.
Step 2. Have the contract checked by a lawyer
Seek legal advice for two reasons: to be sure your lease adheres to the law, and to be sure you have adequate protection in case any problems arise. Find a lawyer who is highly experienced in drafting and reviewing leases and other contracts. He will know the correct language to use and the right provisions for your contract to be legally faultless.
Step 3. Make sure the language is clear
A lease shouldn't be difficult for both parties to understand. Don't use too much legal language. Write clear, concise sentences. Do your best to ensure that no confusion will arise as a result of an unclear clause.
- Check your spelling and grammar. A lease with poor grammar, bad punctuation, and misspelled words can be confusing to read.
- Use special formatting to highlight important information. You can use bold for the amount of the rent and deposit, and underline important dates.
Advice
- Always check the rental laws before writing a contract. When writing a lease agreement, it is important that your agreement also complies with the general contract rules.
- Always have your lease checked by a lawyer to verify that it is valid and can be relied upon in the event of default.
