News Supreme Court rulings March 2019

Return of damaged leased property: rent to be paid by tenant

The Supreme Court in Order no. 6596 of March 7, 2019 clarified that in the event that the leased property is returned in poor condition, with damage in excess of normal use, it is the tenant who will be responsible for the renovation work required to restore the accommodation and the monthly fees corresponding to the time required to carry out the work. These additional monthly payments must be paid as damages to the landlord, given the objective impossibility of renting the property to others.

Delayed train, no compensation for existential damage

A commuter sued a transportation company, before the Justice of the Peace, in order to have the transportation company ordered to pay compensation for pecuniary and non-pecuniary damages suffered as a result of disruptions and delays during a train ride.

The Court by order no. 3720/2019 held that compensable inefficiencies are only those that are extremely serious, such that they result in the injury of an inviolable right provided for by the Constitution and, therefore, such that they result in the occurrence of existential damage.

Yes to termination due to financial crisis in commercial leases

The Court of Civil Cassation, Sect. III, in the judgment of February 28, 2019, no. 5803 recognized early termination of a lease agreement for non-housing use as legitimate if there are serious reasons, coinciding with economic reasons related to a financial crisis determined by objective causes.

In the ruling, the Supreme Court clarified that the aforementioned serious reasons must be determined by facts outside the will of the withdrawing party, must be unforeseeable and supervening upon the establishment of the relationship, and must be such as to make the continuation of the relationship burdensome.