Flat-tax and repairs: tenant rights in Italy
If you are a tenant in Italy and the landlord plans renovation works or has chosen the flat-tax (cedolare secca), it is important to know how these factors affect rent, updates and repair responsibilities. This guide explains clearly when the landlord can request increases, which interventions fall to each party and how to document maintenance requests. You will find practical steps to register tax options, communicate repair needs and protect your rights: useful information to face ISTAT increases, contract registration and the use of the RLI Form, plus tips to resolve disputes without losing valuable time.
Cedolare and works: what changes for the tenant
The cedolare secca is a tax regime that, if applied by the landlord, changes the treatment of tax on the rent but does not automatically remove repair and maintenance obligations of the landlord. In many cases renovation works may require permits or affect living conditions; it is essential to check the contract and request written information about the type of intervention and timing.[1]
Who pays what
Generally the landlord is responsible for repairs concerning safety and habitability; the tenant takes care of minor ordinary maintenance unless otherwise stated in the contract. If works increase the property's value, questions may arise about requests for rent adjustments: in such cases ask for clarifications in writing and, if necessary, legal advice.
Practical actions for the tenant
- Ask the landlord for a written notice describing the works and timing.
- Keep photos, messages and receipts for maintenance expenses you incur.
- Check whether the landlord opted for the flat-tax when registering the contract.
- Do not accept rent increases without written documentation and legal justification.
Rights and deadlines
If you receive a notice of works, assess timing and impact on your habitability: for works that make the apartment unusable you are entitled to alternative solutions or an agreement on the rent. Always respond within indicated deadlines and, if asked to authorize interventions affecting the building structure, request a written opinion and a clear schedule.
FAQ
- Does the flat-tax prevent the landlord from increasing the rent?
- No. The flat-tax replaces some taxes on the landlord's income but does not automatically cancel every form of contractual update; increases must comply with the contract and the law.
- Who must pay major repairs after works?
- Normally the landlord is responsible for structural interventions and repairs affecting habitability; the tenant is responsible for ordinary maintenance unless a written agreement states otherwise.
- How do I register the option for the flat-tax?
- The option for the flat-tax must be indicated in the contract registration form (RLI Form) or via RLI web following the Agenzia delle Entrate instructions.
How-To
- Check your contract and verify whether the landlord declared the option for the flat-tax.[2]
- Request a written notice describing the works, expected duration and any impact on habitability.
- Document everything with photos and receipts; send repair requests by registered mail or certified email when possible.
- If no agreement is reached, consider mediation or recourse to the competent Court to protect your rights.
Key takeaways
- The flat-tax affects tax treatment but does not remove the landlord's maintenance duties.
- Always ask for and keep written communications about works and expenses.
- Use the RLI Form to verify contract registration with flat-tax.
