Final Cleaning and Deposit: Tenant Rights in Italy
As a tenant in Italy, it is normal to wonder whether the landlord can deduct the cost of final cleaning from the security deposit. This guide explains, in simple language, when deductions are allowed, how legal interest is calculated and which documents are needed to challenge the deduction. We will see practical examples, steps to request a refund and when to contact the Tribunal or the Justice of the Peace. The information takes into account rental rules and the guidance for registering the contract. At the end you will find a frequently asked questions section and practical instructions to file a complaint or a formal request.
What can the landlord withhold?
In general, the landlord can withhold amounts from the security deposit for documented damages exceeding normal wear or for specific expenses provided in the contract. Rental rules regulate contractual relations and can affect the methods of returning the deposit.[1]
Commonly allowed expenses
- Costs for documented damages beyond normal wear.
- Professional cleaning costs if the contract requires a specific standard.
- Legal interest accrued on the deposit when provided by law or the contract.
What cannot be withheld
- Normal wear and signs due to everyday use of the property.
- Undocumented expenses or deductions without concrete proof.
How to document damages and cleaning
To limit disputes it is important to collect detailed proof of the property's condition at the start and end of the tenancy. Photos, a signed inventory and receipts are decisive elements.
Useful documents
- Registered contract and any signed inventory; contract registration is handled via the RLI form of the Revenue Agency.[2]
- Date-stamped photos of the property at move-in and move-out.
- Receipts, invoices or estimates for repairs and professional cleaning.
Procedure to contest a withholding
If you believe the landlord has withheld unjustified amounts, proceed step by step: write a formal request, attach evidence and propose conciliation; if unresolved, consider legal action.
- Send a written communication (registered mail or PEC) requesting details of the withholdings and copies of supporting documents.
- Propose mediation or conciliation with the landlord to avoid legal costs.
- If no agreement is reached, consider recourse to the Tribunal (Civil Section) or the Justice of the Peace for smaller amounts.
Frequently Asked Questions
- Can the landlord charge the cost of final cleaning?
- Only if the cost is foreseen and justified by the contract or if cleaning exceeds normal wear; receipts or invoices are required.
- How long does the landlord have to return the deposit?
- There is no single term for all situations; return occurs after verifying the property's condition and any documented expenses.
- What can I do if I disagree?
- Send a formal request, keep all evidence, propose mediation and, if necessary, take the matter to the competent court.
How to
- Gather documents: contract, photos, inventory and receipts.
- Send a written request to the landlord with evidence and the refund claim.
- If you do not get a response, propose mediation or contact a tenant assistance service.
- Finally, consider legal action if the dispute is not resolved.
Help and Support / Resources
- Norms and rental laws (Law 431/1998) - Normattiva
- Contract registration and RLI form information - Revenue Agency
