Duration
According to article 2 par. 1 of N. 1703/1987 “The lease of real estate
for residence is valid for at least three (3) years, even if it still has
agreed for a shorter period of time or indefinitely. ”
Obligations of parties
The main obligations of the parties are as follows: The lessor
is obliged to deliver the lease and keep it suitable for
use throughout the lease and the lessee is obliged
to pay the rent to the lessor.
Abnormal development of the lease agreement
1. Deficiencies or real defects of the lease (AK 576 et seq.)
The tenant primarily is entitled to claim the removal of a defect
and if the lessor refuses to remove it the lessee is entitled:
- To raise the objection of non-fulfillment of the contract
Article AK 374 - To demand late removal and compensation due to it
delay under Article AK 343 - Claim compensation for non-performance of contract AK 378
par.2a - To remove the defect himself and to claim the relevant expense AK
578 par.2b - Terminate the contract
Secondarily has the rights of articles AK 576 et seq. which
selectively flock in his favor, namely:
- Claim for reduction or non-payment of rent
- Claim for compensation
In addition of the above rights has the right to terminate it
lease agreement.
2. Delay in payment of rent by a tenant
The lessor is entitled to terminate the lease
Article AK 597
3. Misuse of the lease by a tenant
The lessor is entitled to terminate the lease
Article AK 594
Termination of the lease
The lease expires over the agreed time if it is
for a fixed-term lease or with complaint (regular or extraordinary) .
With the termination comes the end of the lease for the future, o
the tenant will be obliged to repay the rent and will be entitled
reimbursement of any rent he has paid in advance.
The complaint is divided into tactic which is done in contracts
indefinite lease and is unjustified (AK 608, 609) and
in emergency which presupposes a certain reason and is exercised both on
fixed-term as well as indefinite-term leases. So the
tenant is entitled to terminate the lease in their cases
that the lease bears defects which the lessor does not correct but
and in the cases of articles AK 585 and 588, and the lessor in
in case of late payment of rent by the tenant and
for misuse of the lease (AK 597, 594).
Except in the above cases, theory and case law accept
that in the lease, as in any permanent contract, is recognized
right to terminate for a good reason, based on good faith and with
analogous application of the provisions of AK 672 and 766. Great reason that
justifies the complaint are incidents which make
in good faith and transactional manners burdened its maintenance
contract for the contractor invoking them.