When it comes to rentals, it is important to know the types of contracts that can be stipulated and the rights / obligations of both parties. With this guide we will analyze point by point what to provide for a lease and the various types that can be done.
First of all, a lease agreement is an agreement between two parties: the owner of the house, the one who will rent his property, is called the "Lessor" or "Lessor Party", while the tenant, who will live in the house and will pay the 'rent to the owner, is called the "Lessee" or "Lessee". In the lease it is stated in writing that the Lessor undertakes to let the Lessee party enjoy their property, in exchange for an established rent and under certain conditions that are precisely stated in the contract. It is therefore a consensual contract that is signed by both parties. This contract has a free form, governed by the civil code, and this means that a particular form is not necessary for their stipulation.
It is necessary to make a distinction between a lease and a lease agreement: the first is a contract in which the lessor undertakes to lend one of his assets to the lessee, when it comes to housing, while the second is a contract through which an exclusively productive asset is given to enjoyment, therefore a company or an activity.
The lease agreement itself can be of two types: commercial lease agreement, when we deal with properties intended for the opening of a commercial activity, or residential lease agreement, when it comes to housing.
Within a lease agreement, the date of signing of the contract, the names with relative data of the lessee and the lessor, the cadastral data of the property in question, the rent and the duration of the lease must be present. Once the contract has been drawn up, the parties accept the conditions established by it and sign it, starting the lease. At this point, within 30 days from the date of signing the contract, the latter must be registered with the Revenue Agency, in the case of a contract whose duration is not less than 30 days (in this case we are talking about contracts of "short" lease.
But now let's see the two main types of lease:
Transitional lease agreement: we are talking about a contract that is stipulated in the case of stays that have a maximum duration of 18 months. This can be drawn up for reasons of study, work or stay in a place other than one's own residence.
4 + 4 lease agreement: also known as a free rent lease agreement, it has a duration of four years with an extension of another four years, unless this is canceled. The rent is freely established by the two parties.
When it is a question of a temporary commercial lease, the minimum duration of the contract is six years, which becomes nine if the leased property is used as a hotel or similar.
