Possible contracts that relate to real estate include, for example, free loan agreement. When you decide to enter into an agreement of this kind, it is essential to know Italian law does not count on the possibility of eviction.
The only way to send a recipient away from home is through termination for non-compliancedemonstrating a intentional damage real estate by the tenant for free loan for use.
Find out in this article how to manage a free loan to use and facepossible eviction according to the new regulations Cartaba reform.
In addition, you can also consult real estate arrears database on idealista to protect you from potential defaulters.
How to evict a rent-to-own tenant?
First of all, it should be noted that according to the provisions of the law, borrowing for use is always free of charge. At most, the parties can agree on a minimum amount of compensation, for example in form reimbursement of expenses. Otherwise, you will encounter an irregularity, i.e‘black rent.
This premise is essential to emphasize that in the case of a free loan to use, it is not possible to start a loan eviction procedure for non-payment. This cannot be started either in the case of a loan with the payment of a minimum contribution to costs, or in the case of a truly free loan, or in the case when the loan covers the rent in black.
To send the tenant away, it is therefore necessary to proceed withordinary civil actionIt has much longer times with respect to eviction for non-payment. For the latter, in fact, a single hearing after an appeal presented to the judge is sufficient. However, for regular action, you must initiate a proper court case.
How to get rid of a non-paying tenant?
As we said, the only way to send a renter to use is to terminate the contract for non-compliance. However, in order to be right, it is necessary to prove it the debtor did not respect his obligations assumed in the contract or who did not take good care of the property.
If the tenant could prove that he paid the minimum monthly amounts agreed with the owner, he could also prevent the cancellation of the contract and he would have the right to do so stay in the property at least until the end of the loan.
However, there is another option: the owner could take steps to return the apartment if the contract has already expired. At the time of negotiating the loan, the parties can actually decide:
- precisely set the duration of the contract
- let the expiry date be derived from the type of purpose that the goods may have by nature or by their specific purpose
However, if in the contract There is no fixed term for the loanand this cannot be inferred from the purpose for which the property is intended, the owner you can request a refund at any time house, if the duration of the contract cannot be determined indirectly
How can I take out a free loan for use?
The free loan agreement is concluded by withdrawal, which can be requested by both the owner and the tenant. For the correct procedure, both parties must communicate your withdrawal to the other party and send a registered letter with delivery receipt which also contains request for return of goods Object of the contract.
This procedure guarantees a correct loan closing free to use, protecting the rights of both parties involved. In the meantime, the owner and the tenant are obliged comply with the contract.
Loan eviction and Cartabia reform
So called Cartaba reform149/2022, significantly intervened in the civil process, with the aim speed up the proceedings and expedite civil justice. Among other things, it has a new rule amended Article 657 of the Code of Civil Procedurewhich regulatesnotice of permission and eviction to terminate the tenancy.
The consequence is that the company’s lease and loan agreements are now also included in the comprehensive protection. However, there is no change in the procedure for eviction due to non-payment or termination of the lease.
As a result of the adjustment basically the use of eviction to terminate a tenancy is permitted Also in connection with the loan agreement real estate and to the lease agreement of the company. This allows the owner initiate a more efficient eviction processwithout starting an actual civil dispute.
Free loan to use and move out with minors?
But what happens when a free loan is provided for use in the house minors live there? In this case, it is good to know only that eviction with minors for a free loan to use Not possible.
All other eviction cases, including evictions from public housing with minors, are possible. Provided that a number of measures will be taken to protect the interests of the smallest.