The seizure of rent has precise limits and concerns the narrow scope of rents. If it is true that it is possible to receive notification of a foreclosure deed even without having any debt, it is also true that when this happens the tenant of a property becomes a third party seized in a third party enforcement proceeding. Among the assets that can be subject to seizure therefore there are also rents.
The foreclosure of the rent leasing is first and foremost a topic of interest not only the owner of the property, but also the tenant involved, who has stipulated a normal rental contract and who, in fact, finds himself forcibly inserted into a dynamic to which he is extraneous.
However the foreclosure of rents does not modify the terms of the rental agreement existing between the landlord and the tenant.
Rent attachment: scope and limits
The law provides that the money that the landlord-debtor receives as rent from the tenant (i.e. the tenant) can be seized by the creditor. As you can see, we are therefore outside the normal rental dynamics envisaged by the rental contracts.
This type of garnishment, like that of a salary or pension, falls within the more general field of seizure by third parties and it is practicable only if the rental contract for the property in question is correctly registered with the Revenue Agency.
To check the regularity of the rent the creditor can consult the Tax Relations Registry of the Revenue Agency which collects all the income received by Italian taxpayers.
How to seize the rent?
We proceed with the foreclosure of rent for debt immediately after starting a enforcement proceedings However, in order to initiate this action it must be addressed first an official actwith executive title and that a document certifying the actual existence of the debt is permitted.
We are therefore talking about a forced action that normally represents the last resort after good-natured requests to pay off the debt.
All creditors can proceed with this type of foreclosure: private citizens or even local authorities. Like for example the Municipalities, or even the Public administration (the Revenue Agency in relevant cases of tax evasion).
For carrying out this type of seizure against third parties However, there are steps formalities to be carried out: the first is that of the notified deed.
How is rent foreclosure carried out?
Foreclosure is carried out by notified deed personally to both the foreclosed third-party tenant and the debtor landlord.
This act, in addition to the injunction, must also contain:
- The executive title: i.e. a document that officially certifies the amount owed to the creditor. It can only be obtained with a sentence, an authenticated private deed or, finally, with documents received from the notary or other public officials authorized by law. This aspect is defined by article 474 of the Code of Civil Procedure.
- The writ of precept: the intimation to comply made by the creditor to the debtor on the basis of what is certified by the enforcement order within a period of no less than 10 days. With the warning that, in case of further non-compliance, forced execution will take place.
- The indicationalthough generic, of the sums due and the injunction to the third party not to dispose of them without an order from the judge.
- The declaration of residence and the summons of the debtor landlord to appear before the competent judge.
- Lto quote of the debtor landlord to appear before the competent judge.
The third party seized is then obliged to send the proceeding creditor a declaration with indications of which things or sums he is debtor or is in possession of and when he must make payment or delivery (as attested by article 547 of the Code of Civil Procedure).
From the moment of notification the tenant therefore no longer has to pay no fee lease to the landlord.
Rental attachment: last phase
The last phase of the seizure of the rent focuses on the figure of the bailiff and on the delivery of the original of thewrit of summons to the creditor.
At this point the creditor will have to deposit the registration note in the Register with copies of the summons, the enforcement title and therefore the precept: the creditor will have thirty days to do so.
The foreclosure it may be ineffective if the registration note or copies of the documents were deposited after the established deadline.
These last two steps ultimately contribute to the preparation of the enforcement file by the chancellor.
For what amount does the foreclosure start?
There is no minimum “table” because a private creditor can proceed: the debtor can be executed even for modest sums. But it is a rather rare case because normally one hopes to resolve the issue in a good-natured wayas the costs of the operation usually discourage people from moving for small amounts.
This is an extreme measure to recover the outstanding debt and it is always advisable to accompany the action with the professional opinion of a specialized lawyer.
Finally, when talking about leasing and foreclosure, it is necessary to pay attention to land income. The income deriving from the rental of a property subject to foreclosure contributes to the formation of the income of the executed debtor.
