Italy Update: Ultra-nine-year lease without the consent of all the co-owners: compensation for damage in violation of art. 1108, paragraph 3, c.c.

Court of Benevento, order of 14 January 2022, n. 138

With the order in question, the Campania judges have established that the lease of an ultra-nine-year property for a derisory price, stipulated without the consent of all the co-owners, constitutes a violation of the provisions of art. 1108, paragraph 3, c.c., as prejudicial to the interests of communion.

Consequently, co-owners who have not given their consent may well bring an action for damages against the defaulting co-owner.

Indeed, that consent is necessary for the conclusion of the relevant contract in the event that it is of a duration of more than nine years as a result of the waiver of the renewal exercisable at the first expiry.

Finally, it is recalled that the claim for compensation for the damage resulting from the ultra-nine-year lease of an asset in co-ownership, for an inadequate rent, stipulated by one of the owners alone, in violation of art. 1108, paragraph 3, c.c., is not subject to the obligation of mediation as a condition of admissibility.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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