Mietrecht in Zeiten des Coronavirus: italienische Perspektive

The Covid-19 pandemic is having a significant impact on the contractual relationships. As regards rental contracts, different questions arise as to the effects of the outbreak and the containment measures on the parties’ contractual obligations. The Italian legislator only adopted limited specific measures in order to help tenants experiencing financial difficulties due to the coronavirus crisis. A tax credit has been granted to the entrepreneurs forced to temporarily close their businesses or to suspend their activities in the properties rented. From a private law perspective, it is highly debated, what remedies are available to the affected tenants. In the current market situation solutions aiming at rebalancing contractual terms rather than at terminating the contract seem to be preferable. Even if the Italian law provides for some rules applicable to the contracts impacted by an economic disruption, the introduction of a general provision enabling the party to directly pretend an adjustment or a renegotiation of the contractual terms by changing circumstances would be desirable de lege ferenda.