Complaint of commercial lease: All reasons for a commercial lease as provided by law and judicial decisions.

6 October 2022 admin 0 Comments

A lease from a tenant. The cases of complaints of commercial leases provided for in the provisions of the AK and PD 34/1995.

It should be noted in particular that these reasons apply to both the old and new leases, because Law 4242/2014 did not affect them, on the contrary, Article 13 § 1 expressly stipulates that commercial leases are also regulated by "its provisions. Civil Code. " 

These reasons are:

I.A.1) Complaint for non-concession- 585 AK : In any case that was not given in time to the lessee, in total or some, the agreed use or which was later removed by the Used, the lessee has the right to give the landlord a reasonable time limit to restore the use and, if the deadline goes, to denounce the lease. The lessee has the right to terminate commercial lease without a time limit, if due to the reason for the complaint, it has no interest in the execution of the contract.

IA 2. Delay of the lease by recalcitrance (Post. 15 et seq. B of Presidential Decree 34/95, 66 Entity) or by default (AK 597).

IA 3. Mis misuse of the rent (AK 594).

IA 4. Certain time (AK 608 § i).

JA 5. Complaint of lease of indefinite period (AK 608 § 2, 609).

IA 6. Destruction of the lease (Post. 336, 380 AK in 44 PD 34/1995).

IA 7. Dissolving Legal Entity.

IA 8. Forced expropriation.

IA 9. Condition of great discourse.

IA 10. Abuse Exercise for a minimum duration (AK 281).

IA 11. Crusade (AK 453).

IA 12. Distribution (AK 798)

IA 13. Apocritical change of conditions (AK 388).

IA 14. Risk of the lessor or lessee (AK 588).

In the C.L. 34/1995 are provided for reasons of termination of the lease in favor of the lessor in many cases, and even reasons that apply specifically to commercial leases and are unknown to the AK.

With Law 4242/2014 this legal regulation was greatly overturned, because most of these reasons do not already apply. Then we point out the power or not of these reasons in the old and new leases. Particularly:

I A.15. Contrary agreement to solve the lease.

I A.16. Unacceptable concession of use (Post. 11 §§ 1, 2 of Presidential Decree 34/1995) of the lease.

I A.17. Installation of Services (Post. 41 of Presidential Decree 34/1995).

I A.18. Creation of a greenery of a municipality of Municipality (Post. 42 of Presidential Decree 34/1995).

Reasons that do not apply to new leases. In accordance with Article 13 $ 1 sub. b. 34/1995 and therefore the following reasons for complaint apply:

I A.19. Complaint of Own (Post. 16–18 of Presidential Decree 34/1995)

I A.20. Complaint of rebuilding (Post. 23–26 of Presidential Decree 34/1995).

I A.21. Complaint of ownership of the lessor (Post. 37 of Presidential Decree 34/1995).

I A.22. Complaint of the creation of a main residence (Post. 38 of Presidential Decree 34/1995).

I A.23. Complaint of demolition (Post. 39 of Presidential Decree 34/1995).

I A.24. Complaint of bankruptcy of a lessee (Post. 40 PD 34/1995).

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