Sunday, October 12, 2014

Once approved the annual report or even cumulatively more that related to the prior years, provided


Monthly charges not paid by the tenant and the termination of the lease, the landlord has the right to pay the landlord has the right to request even after the termination of the lease the payment of arrears charges Monthly
Once approved the annual report or even cumulatively more that related to the prior years, provided the commitment of expenditure includes the past and not the future, is the credit of the landlord to the tenant, even after the termination of lease, eleventuale prolonged inaction of the landlord can only reverberate in his injury when leave to spend the two-year limitation period but subjects him to no sanction if, instead of providing the refund request nellimmediatezza dellapprovazione, vanish carpet cleaner solve to exercise his right to a day before the expiry of the limitation period. The ruling: The injunction n. 3610/08 vanish carpet cleaner is issued by the Court of Florence for the payment of condominium charges to tenants M ***. for the management 2001/2007 totaling 4496.28, Th deducted the sum of 876.74, indicated as paid in advance (but the fact is denied by the same appealed, which have always denied, since dallatto of Opposition to get paid alcunch and for this reason the appellants vanish carpet cleaner also issue the request for payment of the aforementioned difference. Issues addressed by the parties in this case are many and need to be examined in the Order, from the qualifying clause. 7 of the contract lease, which is the source dellobbligazione, for as interpreted by the appellants, in contrast with the court's decision that reported the same to the services provided by the district and not for the condo. Yes it shall, therefore, to an analytical examination divided vanish carpet cleaner in the following paragraphs. 1 On clause contrattuale.- Lart. 7 of the lease bears that are entirely charged vanish carpet cleaner to the tenant the costs of the cleaning service, the provision of water, electricity dellenergia and the purging of blacks wells and latrines, as well as the provision of other common services, if any, and the first court believes that such a clause, making mention of common expenses, both related to the enjoyment of the apartment and not of charges and that, therefore, even in the absence of a request for refund if not later than one year at the termination of the relationship, nothing is due from the conductors. The Court does not agree with the interpretation, since, being disputed in the case which the district vanish carpet cleaner is located in a leased building (albeit composed of only two owners), the charges mentioned in the above clause to be considered, according lid quod plerumque accidit, relating to common services (and the rest of the use of the word service door to confirm this conclusion) that result in the cleaning (evidently the common areas consist of the stairs), in providing Dellacqua (to make cleaning of the common vanish carpet cleaner parts), supply electrical dellenergia (relative allilluminazione of the common parts), which are added specific services relating to the individual apartment (purge blacks wells and latrines) and other services, if any. It can not, therefore, be regarded on the one hand the mention of the property dellimmobile as a statement of exclusive property dellintero stable, with the above phrase is meant object of the apartment lease and dallaltro the reference to costs posed to tenants as an expense of private households, for which, it must be considered in re ipsa they were paid out of specification without the need for (and, if necessary, if anything, a contrary stipulation to the contrary), since it is intended for users ordinary enjoyment of the neighborhood. So being the case, arrangements must be made over nellesame questions and objections made by the parties. 2 Sulleccepita prescription biennale.- The question that must be examined vanish carpet cleaner immediately, given its nature as a preliminary objection on the merits, such as susceptible, if established, lead to the definition of the judgment, that the prescription. The Court does not consider, however, founded The exception. That the claim of the landlord for the payment of condominium charges billed to the tenant art. 9 of Law 27 July 1978 n. 392 prescribing the period of two years mentioned in art. 6 l. December 22, 1973 n. 841 to the right of the lessor to the reimbursement of expenses vanish carpet cleaner incurred for the provision of services placed by contract, paid by the tenant (Cass. vanish carpet cleaner Civ. Sect. III April 12, 2006 n. 8609), is not disputed, that being, however, the time of commencement of the limitation period. In the view of deciding (in adherence vanish carpet cleaner to Cass. Civ. Sect. III May 12, 2003 n. 7

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