Sul danno da risoluzione della locazione: ovvero, sull’incontro tra forza di legge del contratto e autoresponsabilità del creditore

This contribution examines the landlord’s right to compensation for damages arising from the early return of leased property following the termination of a lease due to the tenant’s failure to pay rent. According to a recent ruling by the Joint Sections of the Italian Supreme Court, in such cases the landlord is entitled to recover: (i) rent corresponding to the period between the property's return and the date on which a new lease is concluded, and (ii) for the remaining duration of the original contract, the difference between the rent stipulated in the terminated agreement and the lower rent agreed upon with the new tenant. The Court further held that the burden lies with the landlord to demonstrate that they have made reasonable efforts to secure a replacement lease. While the author endorses the Court’s recognition of expectation damages, he proposes an alternative framework grounded in Article 1227, paragraph 2 of the Italian Civil Code—a provision that, in the author’s view, was unduly overlooked by the Court’s reasoning.