Rentals, Sublets, And Evictions And On Extension Of Lease Contracts 1

Original Language Title: Affitti, Subaffitti, E Sfratti E Sulla Proroga Dei Contratti Di Locazione 1

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17010582.html

N. 18.
Law on rentals, sublets, and evictions and on the extension of the leases. (1)

We the Captains Regent of the Most Serene Republic of San Marino
We promulgate and publish the following law approved by the Great and General Council in
his return models May 23, 1950:
Art.
1. The lease or sublease shall be extended to the whole 1952. The extension takes place in law,
notwithstanding any agreement to the contrary prior to 1950 ascertained or ascertainable, and even in cases of sale of
'estate. If delconduttore death in the case of property used as a dwelling
, the extension operates only in favor of the spouse, heirs, relatives and related
the deceased habitually cohabiting with him. In the case of property used otherwise the extension
work in favor of those who, by inheritance or perprecedente report, resulting from an act of
certain date prior to the opening of the inheritance, carry on the activities of the deceased.
The leases or sublease deferred having certain date should be set to expire at the end
in the first part of this article.
Art. 2.
The tenant has no right to the extension and it fell:
1) when the availability of another suitable home to their family needs in the place where
usually resides;
2 °) if the property is intended for use other than dwelling, when it ceased to pursue an
the activity to which it was used, except for the present difficulties is forced to adibirlo to
their homes;
3rd) where he has totally sublet the property, or, having sublet part, I do not care
even partially continuously.
Art. 3.
Privacy extent of the royalties.
From the first day of the month following the entry into force of this Act
landlords, tenants, subconductors have the right to appeal to the Commission under Article. 10
to determine the fair rental amount.
Art. 4.
When important eseguiscano on the property and can not be delayed the necessary works to avoid more damage
that compromise the efficiency of the connection with the use to which it is intended,
the lessor has the right to ask the conductor a additional increase in the fee
resulting from the application of this Act with effect from the date on which the works were completed.
Art. 5.
rules on subletting.
The leader who avails of the right to sublease the leased property in accordance with or in derogation of the
contractual agreements, must notify the locat King by registered mail, with return receipt
, no later than tenth day after the conclusion of the rent of the individual making
the sub-tenant, the rent of the sublease, the dur ta of the contract and the number of useful local
sublet.
It is presumed the existence of the rent when the property is occupied by people who are not
to the conductor or that are not related to this service by kinship or affinity
within the fourth degree, except in case of guests with transitional.
Addition to the cases provided by this Act and the applicable law the lessor has the right to request the termination of the contract
:
1) if the tenant has failed to make the required communication art. 5 despite the formal notice of
lessor and elapsed fifteen days of this;
2 °) if the tenant has made a statement which does not correspond to the truth.
Art.
6. In the case of the rent the landlord is entitled to receive a fair percentage of
sublease fee in relation to the nature and number of sub-leased areas and the duration of the contract,
taking into account all the elements concerning.
Art. 7.
If the tenant does not wish to bear the additional increase in art. 6
the landlord has power to split the lease by giving the person a notice of thirty days.
Art. 8.
It 'null the obligation on the tenant or sub-tenant or by the outgoing tenant to fulfill,
in addition to paying the rent, for other services as a good entry or departure arrangements, any
is the person for whom the benefit is promised, and this is still disguised
.
The sums paid for some of the causes mentioned in the preceding paragraph, if paid to the landlord or to
sublessor, may be included in the account of rent, and, in any case, can be repeated up to a year
after the return of the thing l ed.
Art. 9. When
where a property is free of any unsolicited nature of the owner shall immediately notify the Commission and
soltant may use them as soon as this had the green light.

In cases of urgency, recognized by the State Congress, the Commission, by Regency Decree,
will provide for the requisition for the use of free or vacated premises house.
Art. 10.
disciplinary bodies.
And 'A Commission composed of a Chairman of two members, appointed by the government, the
which has the following tasks:
a) fix the fair rent in art. 3 of the law, for both buildings for dwelling use, both for those
to store user, taking into account the importance of the various urban or rural centers, the amplitude
, comfort and location;
B) determine the additional increase in art. 4 and the percentage of art. 6;
C) adjust those charges set and practiced previously having the character of
excessive speculation;
D) give the green light for the allocation of properties and propose any requisitions
limited to what is established in Article. 9;
E) make the State Congress all proposals to better regulate and resolve issues reflective
leases.
Art. 11.
Against the extent of the fees as set in the previous article, the Landlord regarding the
conductor and the sub-tenant may appeal, within 15 days from the notification had such
a Commission composed by Commissioner of the Law, the President of the Commission referred
art. 10 and the Secretary of the Confederation of Labour and assisted by a secretary chosen by ess
among the staff of the Clerk of the Court, which, having heard the parties, decides
without appeal within ten days.
Art. 12.
The fees referred to in art. 10:11 ordinary sedut held twice a month;
will each member paid an attendance allowance to be determined by the State Congress.
This allowance will be paid by the parties in the case of royalties and appeals.
Art. 13.
provisions on evictions.
A derogation from the provisions in force on evictions is established the following procedure.
The lessor, based on a judgment that orders the release of a property, want to proceed to the execution
, must make application to the Law Commissioner.
The Commissioner, after hearing the parties, at the earliest opportunity of steps, determines by decree,
not subject to appeal, the day when the execution is to take place itself. If the driver is not present at
pronounce the decree, that he must be notified at least 10 days before the date fixed for the execution
release.
The Commissioner in issuing the decree takes into account the special circumstances and especially
:
1) the difficulty of obtaining accommodation conductor;
2 °) of the comparative situation of the conductor and the one who is to occupy the property;
3rd) of the justified need of the tenant to continue to reside in the same area or the same neighborhood
.
The execution, however, must be fixed not later than 30 days from the date of the decree when issuing
is arranged by virtue 'art. 2, n. 2, or when the tenant is in default at the time of fixation of
running or if there are serious reasons.
The eviction may be extended for a period not exceeding three months if the serious
aforementioned circumstances so require and if such persistence of the circumstances and provided that,
when there has been a default, this has ceased .
Art. 14.
General provisions.
All leases and subleases, without exception, must be stipulated by
written contract, drawn up on paper revenue from L. 25, in which must report the leased rooms,
the terms of lease, the canon.
The leases in progress are to be transmitted in copy to the Inspector of Police Urbana,
in the period of 30 days from the entry into force of this Act, and subsequent contracts
will be transmitted within eight days their conclusion.
Art.
15. The fixing of prices for hotel owners and those who lease out furnished rooms is
entrusted Ente Government for Tourism.
Art. 16.
The apartments built after the date of this law are left to free bargaining
between landlords and tenants, subject to intervention by the Commission in cases of divergence.
Art. 17.
Penal provisions.
Anyone who contravenes the provisions of this Act shall be punishable with a fine up to 20,000 L.
.
We will proceed only on a private prosecution against those who ttiene or at least help make better get royalty payments
above those laid down in the contracts or the Commission.
Art. 18.
This Act repeals the laws, decrees and previous ordinances and enter into force

Immediately after its publication.
Given at Our Residence, this day of May 28, 1950 (1649 dFR).
I
CAPTAINS Giuseppe Forcellini Primo Taddei.

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS ff.
G. Giacomini

(1) Already separately published on May 28, 1950.