Leaks and Mold: Who Pays? Tenant Rights in Italy
If you rent in Italy and have found water leaks or mold in your apartment, it is natural to ask who must pay for repairs and how to protect your housing rights. This practical guide explains, in clear language, when responsibility falls on the tenant or on the landlord, which urgent interventions are needed for habitability and how to collect evidence and report the problem in writing. You will also find examples of useful documentation, indications on intervention times and steps to follow to request repairs or turn to official channels in Italy. You will also learn when to request urgent interventions, how to secure the apartment temporarily and which alternative remedies to try before going to court, with useful legal references.[1]
What the law says and general principles
In general, Italian law distinguishes between ordinary maintenance borne by the tenant and extraordinary or structural maintenance borne by the landlord. If the leak is caused by a structural defect (roof, gutters, masonry) responsibility normally lies with the landlord; if it depends on tenant behavior (failure to ventilate, improperly installed fixtures) responsibility may fall to the tenant. In case of doubt, it is useful to collect evidence and follow a written procedure before pursuing legal action.[1]
Landlord's responsibility
The landlord must ensure the habitability of the property and carry out the necessary repairs to maintain decorum and healthiness. Interventions on the roof, waterproofing, main systems and structural parts are usually the landlord's responsibility.
Tenant's responsibility
The tenant must use the property with care, avoid behaviors that cause damage and report problems promptly. Costs for small internal repairs or damage caused by negligence may fall on the tenant.
What to do immediately
- Notify the landlord in writing specifying location, date and description of the damage.
- Take photos and keep a log with dates and times to document developments.
- Adopt temporary safety measures to protect health and belongings (e.g. remove wet items).
- Request repair work and ask for a reasonable deadline for resolution.
Evidence and documentation
Clear documentation is essential if the issue continues. In addition to photos and videos, note dates, times, any verbal conversations and communications sent by email or registered mail. If necessary, request a technical inspection to prove cause and responsibility.
- Photos and videos with visible timestamps.
- Record of communications sent and received.
- Receipts for any expenses incurred for urgent interventions.
Practical examples
Example 1: if water enters from the roof after heavy rain and ruins the wall, repairing the waterproofing is normally the landlord's responsibility. Example 2: if mold arises from repeated poor ventilation by the tenant, remediation costs may be charged to the tenant. For administrative issues about the contract and registration, consult the official guidance of the Italian Revenue Agency.[2]
Frequently asked questions
- Who pays for repair of a leak caused by a roof defect?
- Usually the landlord, because it is structural maintenance and necessary for habitability.
- Who pays to remove mold caused by poor ventilation?
- If mold is the result of the tenant's failure to ventilate or other tenant behavior, responsibility may fall to the tenant; otherwise it remains the landlord's duty.
- Can I withhold rent to force repairs?
- Withholding rent is generally not recommended without a legal ruling; it is better to report the problem in writing and consider mediation or legal action if the landlord does not act.
How to
- Notify the defect in writing to the landlord indicating date, place and description of the damage.
- Collect evidence: take photos, keep videos and record all communications.
- Request urgent repairs and set a reasonable deadline for the intervention.
- If the landlord does not act, consider mediation or court action before the competent tribunal.
Key takeaways
- Always document damages, photos and communications in an orderly way.
- The landlord is responsible for structural faults and ensuring habitability.
- Report every issue in writing and request clear timelines for repairs.
