In which cases is the attestation for lease agreements mandatory?
The intervention of Corrado Sforza Fogliani, president of the Confedilizia Study Center, on the mandatory certification for lease contracts
The attestation (issued by whom and according to the provisions of the local agreement) for new subsidized contracts stipulated without the assistance of building property organizations and tenants, remains mandatory even after some changes that have been made to the institution. The only contracts for which certification is not mandatory are those in which there has not been a new local agreement from 2017 to today.
The certificates, as is well known, are intended to ascertain that the lease agreements comply with the provisions of the local agreements. Precisely for this reason, the certification can only be given by organizations that have participated in the drafting of the Agreements themselves.
The logic of the whole is that those contracts that do not comply with the indications of the Agreement with Confedilizia stipulated locally and on which Agreements the Municipalities (although many of them do pretending to have any) have no power to intervene on the merits, everything being delegated to the building property and tenant organizations, except for the sole possibility of the Municipalities to simply convene – under their responsibility – the organizations in question most representative on the level local (to no effect affecting representativeness at national level, by express provision of the law) as well as – again – to keep the approved local agreements (and in the Municipality deposited, as must be done, by at least one of the signatory organizations). The filing in the Municipality is for the purpose of advertising or, better, of the full knowledge of the Agreements by interested citizens who ask to have a vision of them (in the Municipality, rather than with the stipulating Organizations).
The problem has arisen as to whether or not the initial certification is valid for subsequent contracts as well, and it has recently been resolved by law: no further certification is required, if the contracts have "the same content". To be understood, therefore, by the same substance (and not, by the same words).
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/in-quali-casi-lattestazione-per-i-contratti-di-locazione-e-obbligatoria/ on Sat, 29 Oct 2022 05:34:07 +0000.