The rental contract in Italy

The free contract (4+4) lasts four years renewed automatically for another four unless the landlord sends notice for exclusive reasons (such as his need for the flat for himself or relatives) six months before expiry.

• The agreed contract (3+2) is for three years renewed for two and follows comune rent schedules.
• The temporary contract (transitorio) is between one and eighteen months for a justified stated reason, and the university student contract (studenti) from six to thirty-six months.
• Check the type and that it is written and registered.
• For non-residential or tourist rent the rules are different, so do not let the landlord use a short tourist contract for your permanent home to circumvent your protection.

The contract includes the names of both parties and their tax codes, the flat's address and cadastral data, the type and duration of the contract and start date, the monthly rent and its payment date and method (paid by bank transfer under the law above a certain limit), the deposit, rent update, distribution of expenses, maintenance responsibilities, termination rules, the value of furniture if any, and the attached energy performance certificate (APE).

• Read the whole contract and understand every clause, and ask for translation or help if needed.
• A clause contrary to the law is not valid.
• Keep a signed copy, and a copy of the registration receipt with the tax authority.

The rent may be updated annually according to the ISTAT price index by a certain percentage of change (often 75 per cent of it), provided it is stated in the contract and requested in writing.

• It may not be raised otherwise.
• The landlord registers the contract with the tax authority within thirty days and pays the registration tax, usually sharing it with the tenant in half, unless he chooses the cedolare secca, the flat tax (21 per cent or 10 per cent for agreed), in which case he is exempt from the registration fee and barred from raising the rent annually.
• Ask for a monthly receipt.
• Pay rent by bank transfer to prove payment.
• And ordinary building expenses are usually charged to the tenant and extraordinary ones and major repairs to the owner.

The deposit (deposito cauzionale) is at most three months, and is returned at the end of the contract with legal interest after handing over the flat in its condition except ordinary wear.

• It may not be treated as the last rent.
• The landlord must hand over a habitable flat and carry out major repairs (roof, leaks and installations) while the tenant bears small maintenance from use (bulbs, taps and wall paint).
• Report the defect in writing (raccomandata or PEC with photos), and give the landlord a reasonable time.
• In urgent cases you can repair it and ask for reimbursement.
• And if he does not repair, there is a right to reduce the rent or terminate the contract under the law, so ask an adviser before you stop paying.

The tenant may end the contract early with written notice at least six months in advance as the contract states or for serious reasons (gravi motivi) such as transfer of work or illness with shorter notice, which is regulated in the rental contract.

• The landlord cannot end it early, and must abide by the contract terms.
• On leaving arrange a handover inspection, repair what you damaged, return the keys, sign a report and ask for return of the deposit.
• If rent payment is late the landlord requests eviction through the court (sfratto), a procedure that takes time, so talk to the landlord and look for a solution.
• There are mediation bodies and a support fund for the struggling.
• For a dispute ask for help from a tenants' union or the consumer office or a lawyer under free legal aid (patrocinio a spese dello Stato).

What must the contract be to protect you?