A rental contract is a written or oral agreement establishing and changing the conditions with regard to the occupancy and use of a property and its premises. Rents in Italy may initially be negotiated, but after the four-year contract (“quattro per quattro”), they cannot be increased by more than about 75% of the living cost.
Asking for the help of an Italian lawyer would be recommended, as renting a property and signing the agreement can sometimes be a complicated process.
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Rights and duties of landlords and tenants in Italy
As Italian law is usually pro-tenant, the landlord is not allowed to ask for more than three months’ rent payment in advance. This also applies to security deposits.
Usually tenants are requested to pay the rent for six months (three in advance and three as a deposit) before occupying the location. The deposit is returned to the tenant at the termination of the contract with a rate of interest (usually of 3%).
If a landlord has to reclaim the property before the expiration of the contract, he can do so, by letting the tenant know through a six months notice in writing (“disdetta”). This is however done under special conditions.
Our law firm in Italy can provide you with assistance through the process of renting a place and make sure that your best interests are being looked after.
Types of rental contracts
Tenancy in Italy is regulated by the “Fair Rent” Act and the Constitution. These regulations set the framework for rental agreements (duration of tenancy, rent, dispute settlement etc). According to rental regulations there are two types of rental contracts in Italy:
- • the free market contract (“contratto a libero mercato”) which is signed for a period of four years with the possibility of renewal for other four years and the two parties agree on the terms between themselves;
- • the convention contract (“contratto convenzionati”) which contains pre-determined conditions and has a durability of three years with a two year option for renewal.
A rental contract in Italy should ideally be registered with the regional ufficio del registro” in order to be valid.
In case you want to sign a rental contract in Italy, our Italian law firm is offering complete legal services in these matters, as well as in any other legal issues.
Inventory in a rental contract in Italy
The inventory is a paper that specifies the contents of the location’s premises. The document should also list all the existing faults (if any) and how many keys has the tenant received. Both parties should sign it and keep a copy of the document. The property should be handed over in good conditions and the tenant must receive the guarantee that the premises are peaceful.
Feel free to contact our attorneys in Italy if you want to sign an Italian rental contract and you are in search for guidance through the whole process. Our lawyers can also be of help in other legal matters, for example they can assist you if you want to invest in Italy.