Housing plan, evictions also in 15 days. 1% penalty for each day of delay arrives
The government bill approved in the Council of Ministers on Thursday introduces fast-track lanes for the release of properties
by Flavia Landolfi and Giuseppe Latour
Tight deadlines for vacating properties, a fast track on evictions and a crackdown on unlawful occupations. This is the perimeter of the draft law approved last Thursday by the Council of Ministers that accompanies the Housing Plan put together by the government: the text is consolidated but the technicians are still working on the final touches.
The Evictions Bill
It is one of the hottest dossiers on the table of the executive, but also one of the most delicate because of the need to balance the rights of owners with those of tenants. Under indictment is the often chronic difficulty of returning property: long times, complicated procedures and a series of steps and deadlines that not infrequently make restitution an odyssey.
This is where the Bill tries to intervene with a system aimed at shortening timeframes. The declared objective is 'to make the restitution of property faster and more effective', taking into account the fact that 'such assets constitute, in a large number of cases, an essential tool for ensuring the owner's means of subsistence, all the more so in the not infrequent hypothesis in which the purchase of the property then leased was made through the taking out of financing,' the report explains.
Release injunction
The heart of the reform is in the rewriting of the Code of Civil Procedure. In general, the validation hearing before the judge is dispensed with in several situations, to save time: the owner will be able to apply directly for a release order.
The leverage is the new 'Injunction of Release for Finite Tenancy', 'modelled on the monitory procedure for an injunction to pay sums of money or deliver movable property', the report explains. And in the same way as the ordinary injunction for payment, the decree arrives within fifteen days, in the case of a contract that has not yet expired, and orders the release of the property without further steps, from the date of expiry.


