Legal affairs
RENTING RESIDENTIAL PROPERTIES IN ITALY Bonnie Rose-Zanni For many expats, looking for the perfect housing solution may be frustrating and disappointing unless they understand the laws and regulations. Here are some things to keep in mind when looking for a rental. In Italy, there are three types of leases: 1. A 4 year lease + 4 year extension at the same conditions; 2. An 18 month (max) lease; 3. A 3 year lease + 2 year extension at the same conditions.
one month. The landlord is not obliged to accept, but most do. The landlord may not break the lease before the renewal period. And the landlord may only be allowed to renew the extension for specific reasons. Therefore the tenant has little risk of being asked to leave, unless he or she is breaking the conditions described in the lease itself. The tenant will be asked if the lease will be under the tenant’s name or a company name. This is because the landlord (locatore) will have to pay more taxes on the revenue if the lease is in a company name. The difference between individual and company on a 3+2 lease is often 30 per cent, making it difficult to find landlords willing to rent to a company.
Most landlords today opt for the 3+2 lease as it has reduced taxes on the rental income. Residential rentals in Italy are regulated by law no. 431/98, and this must be written on the lease. The tenant (conduttore) has the right to break the lease by giving notice. Italian law stipulates a maximum of six months’ notice, but this should be negotiated. Currently it is common to agree on a three-month break clause. Diplomats can also ask for a diplomatic clause to be included in the lease specifying that they can request a reduced notice period, which is regulated by the specific embassy or organisation and also depends on the position held by the staff. It is usually two months but could also be as little as
If both parties are individuals the landlord can opt to apply the cedolare secca. This is a flat tax on the revenue generated from the rent and is applicable on all types of leases. Under the cedolare secca option, the lease is not subject to registration fees or government, and the monthly rent must stay the same for the duration of the lease.
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