Legal Question in Consumer Law in Italy

Re: Contract for renting an appartment

Dear Sir,

Primarily, I have to know if the signed contract has conditions discrepancies regarding material characteristics of flat or regarding the rent to pay.

1) If the flat is not materially corresponding to expected good, you can request termination of contract or price reduction, unless you as renter know those defects before signing the contract (see Italian Civil Code, article 1578 and followings).

2) If the rental fee to pay is higher than you expected or other contractual conditions are different from which you expected, you can claim the cancellation of contract for being influenced by your spontaneous error or intentional influence of owner on advantageous terms and conditions. The evidence, at a prospective proceeding, is really difficult in that case, because you have to demonstrate that your consent to contract (see Italian Civil Code, article 1427 and followings)was determined by such error or intentional influence and you shall prove the bad faith of the owner.

Therefore, acknowledging the nature of Italian proceeding and the fact that your owner shall commence the lawsuit and give evidences, I recommend you to not make any move and to wait the starting lawsuit of owner, if he decides to do that. You have to give back any keys to owner, if ever dispatched to you, do that and prepare your defence. The contract, under abovementioned circumstances, could be void.

It could be suitable, after considering with you all circumstances, write a letter to the owner to solve the controversy. If you need assistance my fee, feel free to contact me.

Best regards,

Francesco Misuraca

BOLOGNA

Via B. Rossa 31/2�,

CAP 40133

cell. 347.0717697Tel. 051.384101

Fax 051.4141210