Landlord and tenant: 4+4 or 3+2 in Italy
If you are a tenant in Italy wondering whether a landlord can change a lease from a free 4+4 contract to an agreed 3+2 rent, this practical guide explains when it is possible, what protections you have and which procedures to follow. We explain the main contract types (4+4, 3+2, temporary, student), how increases and registration work, and when the change requires consent or can be imposed. You will find concrete examples, deadlines for termination, tax options like the "cedolare secca" and references to Italian law for further reading.[1]
How 4+4 and 3+2 work
The 4+4 (free contract) and 3+2 (agreed rent) differ by duration, renewal rules and the possibility of revising the rent. The 4+4 is the most common form and provides a minimum duration of 4 years renewable, while the 3+2, when applicable, stems from territorial agreements that may limit increases and set agreed percentages.[1]
Agreed rent schemes can offer lower rents in some urban areas.
Tenant rights and landlord obligations
The landlord cannot impose changes of contractual regime without the tenant's consent, except for specific exceptions provided by law or agreements between the parties. The tenant has the right to written communication, maintenance of systems and respect for normal habitability. Any contractual modification must be registered: to register you must fill in the Modello RLI or use the Agenzia delle Entrate online service.[2]
Always keep receipts and written communications for every payment and notice.
Practical examples
- If the landlord proposes a rent increase, check whether the contract or territorial agreements provide limits to increases.
- If repairs are needed for habitability, the landlord is responsible for necessary interventions; document requests and response times.
- In case of prolonged arrears, the landlord may start eviction proceedings according to judicial procedures, but the process follows deadlines and possibilities of opposition.
Frequently Asked Questions
- Can the landlord convert a 4+4 into a 3+2 without my consent?
- No. Conversion generally requires agreement between the parties; exceptions are provided only in specific cases by national law or local agreements.[1]
- How do I register a modification or a new contract?
- To register a contract or a variation use the Modello RLI via the Agenzia delle Entrate or the dedicated online channel.[2]
- What should I do if I receive an eviction notice?
- Respond within the indicated deadlines, gather documents, consider mediation or legal assistance and prepare proof of payments or disputes.
How to
- Collect documents: copy of the contract, payment receipts, received communications and photos of the property's condition.
- Contact the landlord to request clarifications or propose a written agreement regulating the contract change.
- If necessary, send a formal communication (registered letter or PEC) with a detailed request and response deadlines.
- Register any new agreement via Modello RLI or the Agenzia delle Entrate online service to update the fiscal and contractual situation.[2]
- If you cannot reach an agreement, consider conciliation or recourse to the competent Tribunal with legal assistance or advice from tenant associations.
Key takeaways
- Check contract duration and deadlines before accepting changes.
- Always register modifications with Modello RLI to avoid fiscal and administrative issues.
- Document payments and repair requests to protect your rights in a dispute.
Help and resources
- [1] Normattiva — Law 9 December 1998, n. 431
- [2] Agenzia delle Entrate — Modello RLI and instructions
