Tenant and landlord rights in Italy

Rights that protect the tenant

Written form. Art. 1(4) of Law 431/1998 states that “for the stipulation of valid lease contracts the written form is required”. An oral arrangement is not a valid lease under this law.

Minimum term. Under art. 13(3), any term that departs from the duration limits of the law is void. See 4+4 and 3+2 leases.

No hidden rent. Art. 13(1) voids any agreement fixing a rent higher than the one in the written and registered contract. The tenant may sue within six months of returning the property to get back what he overpaid. For agreed-rent contracts, a rent above the local maximum is also void (art. 13(4)).

A lease the landlord forgot to register. Registration is the landlord’s duty within 30 days (art. 13(1)); if he fails, the tenant may ask a court to bring the lease back to lawful terms, and the judge fixes a rent that cannot exceed the minimum value in the local agreement (art. 13(6)). For the filing steps see registering a rental contract; the Agenzia delle Entrate confirms the tenant too may register, and is jointly liable for the tax.

Protection at the end of the term. The landlord may refuse renewal only on the grounds in art. 3 and with at least six months’ notice that states the ground, on pain of nullity. If he regains the home through an improper notice he owes the tenant at least 36 months of the last rent; if he does not use the home for the stated purpose within 12 months, the tenant may ask for reinstatement on the same terms or for the same compensation. Where the landlord sells, the tenant has a right of pre-emption (prelazione). See ending a lease.

Itemised charges. Under art. 9 of Law 392/1978 the tenant bears by default the charges for cleaning, lift operation, water, electricity, heating and air conditioning, cesspools and latrines and other shared services; the porter’s service is charged at 90% unless the parties agreed less. Payment is due within two months of the request. Before paying, the tenant may obtain a specific statement with the criteria of allocation and look at the supporting documents.

Interest on the deposit. The deposit is capped at three months’ rent and bears legal interest paid yearly (art. 11). See security deposits.

Leaving for serious reasons. Art. 3(6) of Law 431/1998: where serious reasons (gravi motivi) exist, the tenant may withdraw at any time with six months’ notice to the landlord. The law does not define the reasons; this guide gives no list. Other withdrawal rights depend on the contract.

Rights that protect the landlord

Rent and its adjustment. The parties set the rent in a free-rent contract; in an agreed-rent contract it sits within local limits. An indexation clause is possible in the contract, but the landlord who opts for the flat tax gives up any update, including the ISTAT change.

Termination for non-payment. Art. 5 of Law 392/1978 provides that failure to pay the rent twenty days after its due date, or failure to pay charges when the unpaid amount exceeds two months’ rent, is a ground for termination under art. 1455 of the Civil Code, subject to art. 55 of the same law. This guide does not set out art. 55 and does not describe the eviction procedure.

Recovering the home. At the first expiry the landlord may refuse renewal on any ground in art. 3(1): own or family use, works, sale, the tenant having another suitable home, the tenant not occupying the property, and the others listed. He must give six months’ notice and name the ground.

Payment of charges. The tenant must pay the charges listed in art. 9 within two months of a request, with the information described above.

Disputes before court

For agreed-rent, transitional and student contracts, the ministerial decree of 16 January 2017 (art. 6) provides that either party may, before going to court, ask for a joint negotiation and conciliation commission to be set up. The commission must finish within 60 days of its constitution if the other side joins, and activating it carries no charge. It can also attest that a contract matches the local agreement and can propose a new rent when taxes or other circumstances change the fair rent. This is voluntary: the other side must agree to take part.

Which professional to consult

For a dispute about rent, charges or a refused renewal, the right professional is a lawyer; owners’ and tenants’ organisations that sign local agreements also assist their members and are named in art. 2 of the law. A real estate agent can explain how local agreements work in a town, but cannot give legal advice. Payotte lists no individual.