Italian Court rules on landlord silence and rental arrears

Italian jurisprudence, specifically through the Corte di Cassazione, has addressed the legal boundaries regarding rental arrears and the principle of good faith. According to ruling 16743/2021, a landlord's prolonged silence or inertia regarding unpaid rent can be considered an abuse of rights if it results in unjustified damage to the tenant.

The court seeks to balance the creditor's right to receive payment with the protection of the debtor. Under Articles 1175 and 1375 of the Italian Civil Code, parties are bound by obligations of good faith and solidarity. If a landlord's inaction leads a tenant to believe the debt is no longer being pursued, a sudden demand for large, accumulated sums may violate the duty of correctness and the principle of 'neminem laedere'.