Inadempimento del conduttore e risarcimento del danno da risoluzione: la tutela del locatore tra interesse positivo ed obblighi di cooperazione

This article examines the damages due to the landlord following the termination of the lease contract caused by the tenant’s breach, in light of the recent judgment of the Italian Supreme Court (United Sections) No. 4892/2025. The author argues for the compatibility between termination and expectation damages, outlining the burden of proof placed on the landlord and highlighting the relevance of the “avoidable loss” criterion (Art. 1227(2) of the Civil Code), which has been overlooked by the Court. In the proposed reconstruction of the evidentiary framework, particular weight is given to the category of protective obligations, especially those involving cooperation necessary to safeguard the counterparty’s interests.