Managing Arrears in Commercial Leases
The default of a tenant in a commercial property, such as a shop or an office, represents one of the most complex and damaging problems for a landlord. In addition to the non-payment of rent, there are often ongoing expenses that continue to accrue and the inability to use one's property. We understand the frustration and concern that this situation generates. Facing it with clarity and method is fundamental to minimizing losses and regaining possession of the property quickly. As an expert lawyer in commercial evictions in Milan, lawyer Marco Bianucci has developed a strategic approach to guide landlords through the entire process, from the notice of default to the actual release of the premises.
The Regulatory Framework for Commercial Eviction in Italy
The eviction procedure for non-payment for leases for purposes other than residential use is mainly governed by Law no. 392 of 1978. Unlike residential leases, where the non-payment of a single month's rent (after 20 days from the due date) constitutes grounds for termination, in the commercial context, the law requires an infringement of "not minor importance". This means that the assessment of the seriousness of the default is left to the judge's discretion, who will take into account the total amount of the debt, the duration of the delay, and the tenant's general conduct. The judicial procedure, although faster than an ordinary lawsuit, requires precise knowledge of the rules and timelines to be effective.
The Strategic Approach of the Bianucci Law Firm
The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in commercial leases in Milan, is based on a clear, results-oriented strategy, broken down into precise phases. The goal is not only to obtain an eviction order but to do so in the shortest possible time and simultaneously activate the tools for debt recovery. Our assistance begins with a detailed analysis of the lease agreement and the debt situation, followed by sending a formal notice of default. If payment is not made, the judicial phase is initiated with the notification of the eviction notice for non-payment and a simultaneous summons for confirmation. In this context, we also request the issuance of an immediately enforceable payment order for the rent due and to become due, a fundamental tool for seizing the debtor's assets without waiting for the conclusion of the proceedings.
Beyond Eviction: Recovery of Rent and Damage Management
Obtaining the release of the property is only part of the solution. The Bianucci Law Firm places equal importance on the forced recovery of unpaid rent and compensation for any damage caused to the premises. Once the payment order is obtained, we initiate the most appropriate enforcement procedures, such as the seizure of bank accounts or other assets of the tenant. Furthermore, at the time of release, it is crucial to draw up a report documenting the state of the premises, preferably with the support of a technician. This document becomes the fundamental evidence in any subsequent legal action to obtain compensation for damages to the property caused by the tenant, an aspect often overlooked but of great economic importance for the landlord.
Frequently Asked Questions
How long does a commercial eviction for non-payment take?
The timelines are not fixed, as they depend on various variables, including the workload of the competent court and any opposition from the tenant. In the absence of opposition, the eviction order can be obtained in a few months. The subsequent phase, that of enforcing the release with the bailiff, may take additional time depending on the complexity of the case.
Can I also claim damages to the property along with the eviction?
The eviction procedure is primarily aimed at the release of the property and the recovery of rent. The claim for compensation for material damage to the premises generally requires a separate lawsuit. However, it is strategic to collect all evidence (photographs, expert reports, release report) during the eviction procedure to solidly support the subsequent legal action for damages.
What exactly does 'infringement of not minor importance' mean?
In commercial leases, unlike residential ones, a single unpaid rent installment is not enough. The judge must assess whether the default is so serious as to harm the landlord's interest and justify the termination of the contract. Factors such as the number of unpaid monthly installments, the total amount of the debt in relation to the value of the contract, and the overall conduct of the parties are considered.
Is it possible to reach an agreement with the defaulting tenant?
Absolutely. A settlement agreement is often the quickest and most effective solution for both parties. It is possible to negotiate a debt repayment plan and agree on a date for the voluntary release of the property. Legal assistance is crucial to formalize the agreement so that it is legally binding and fully protects the landlord's rights in case of future default.
Contact Our Firm in Milan
If you are facing a problem of arrears with a commercial property and wish to protect your rights effectively, it is essential to act promptly. Lawyer Marco Bianucci offers targeted advice to analyze your specific situation and define the most appropriate strategy. Contact the Bianucci Law Firm, located at Via Alberto da Giussano 26 in Milan, to receive legal advice and plan the next steps for the rapid recovery of your property and your credits.