La rubrica fornisce risposta solo a quesiti di interesse generale. Non saranno, pertanto, presi in considerazione quesiti né a carattere personale né relativi a questioni già pendenti innanzi all’Autorità Giudiziaria.
I quesiti vanno inoltrati alla Confedilizia tramite le oltre 200 Associazioni territoriali aderenti alla stessa e presso le quali è possibile attingere anche ogni ulteriore informazione. Per gli indirizzi delle Associazioni consultare i siti www.confedilizia.it/www.confedilizia.eu oppure telefonare al numero 06.67.93.489
NIENTE DETRAZIONE PER I CONDÒMINI MOROSI
Il diritto alla detrazione del 36% per lavori condominiali spetta anche ai condòmini non in regola con i pagamenti?
No. L’Agenzia delle Entrate ha chiarito che la detrazione di cui trattasi va calcolata ”tenendo conto delle sole quote effettivamente saldate al condominio entro la fine del periodo d’imposta” (circolari n. 57/E del 24.2.’98 e n. 121/E dell’11.5.’98).
LOCAZIONI AD USO DIVERSO E SANATORIA GIUDIZIALE DELLA MORA
È valida la clausola inserita in un contratto di locazione ad uso diverso dall’abitativo che prevede la possibilità per il conduttore di sanare la mora in sede giudiziale per non più di tre volte nel corso del rapporto, in deroga alla legge 392/’78 che, all’art. 55, contempla tale tutela per i soli conduttori di immobili destinati ad uso abitativo?
Sì. Si tratta di una clausola, infatti, che le parti, nella loro autonomia contrattuale, ben possono prevedere, in quanto si riferisce a diritti disponibili, non viola l’art. 1418 cod. civ. e non rientra neppure nella previsione di cui all’art. 79, l. 392/’78, relativa ai ”patti contrari alla legge”, attribuendo un vantaggio non al locatore ma al conduttore (in tal senso, Cass. sent n. 7621 del 30.3.’10).
RIPARAZIONE DELLE RINGHIERE
A chi spetta la spesa per riparazione delle ringhiere che delimitano il lastrico solare ad uso esclusivo?
Le ringhiere sono elementi che non ”servono” alla ”copertura dell’edificio”; pertanto la spesa relativa alla loro riparazione spetta – sempreché un regolamento di origine contrattuale non disponga diversamente – al condomino che ha l’uso esclusivo del lastrico (Cass. 10602 del 5.11.’90).
MODALITÀ DI CALCOLO DELL’INDENNITÀ DI AVVIAMENTO
È sorta una questione con il mio conduttore se le 18 mensilità relative all’indennità di avviamento si calcolino sull’ultimo canone versato dall’inquilino oppure su quello che il locatore propone per stipulare un nuovo contratto. Cosa dice la legge in proposito?
La materia è disciplinata dall’art. 34, l. 392/’78, che prevede espressamente che le 18 mensilità dell’indennità di cui trattasi vadano calcolate in relazione all’ultimo canone corrisposto.
Luigi Persico 11 Maggio 2015 il 22:25
Quando diciamo che: le spese di riparazione e ricostruzione di un lastrico solare ad uso esclusivo di un condomino, vanno suddivise per 1/3 a carico del Proprietario (utilizzatore esclusivo) e per i rimanenti 2/3 a carico di tutto il condominio, proprietario escluso, per quanto riguarda la sua quota millesimale di proprietà, Come si applica??? con le tabelle millesimali di Proprietà ed inoltre nei 2/3 va incluso anche il Proprietario (utilizzatore esclusivo) con la sua quota millesimale di proprietà?? e se non è così, come si applica questa norma in un piccolo condominio di 9 proprietari???? dove l’ultimo piano ha un appartamento ed una TERRAZZA che è anche tetto per i due piani sottostanti di 4 appartamenti per piano?? 1/3 si capisce, però poi non so come applicare le tabelle millesimali per gli otto rimanenti..!!!!!
Grazie per rispondere.
Luigi Persico
328.5787620
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An inigeltlent answer – no BS – which makes a pleasant change
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