Tenant mistakes: 4+4 vs 3+2 in Italy
As a tenant in Italy, understanding the differences between a 4+4 open lease and a 3+2 agreed lease is essential to protect your rights on rent, duration and expenses. Many common mistakes—such as failing to register the lease, lacking clear clauses on agreed rent, or not keeping payment receipts—can lead to improper increases or disputes. This practical guide explains in plain terms what to check, which clauses to avoid and how to document payments and important communications in case of a dispute or eviction. You will also find instructions on lease registration and how to request official information in Italy.
What is the difference between 4+4 and 3+2?
4+4 (open) leases give landlords more flexibility on duration and renewal terms, while the 3+2 (agreed) lease stems from local agreements and protects the agreed rent level. In both cases, general rental rules provided by Italian law apply.[1]
Common mistakes to avoid
- Failure to register the lease (file), leaving tenants without formal proof.
- Accepting verbal rent increases without payment receipts (rent).
- Not requesting written clauses on agreed rent and included services (file).
- Not reporting habitability defects or repair requests in writing (repair).
- Ignoring deadlines to respond to formal notices or communications (deadline).
What to do immediately if you find a problem
If you notice a missing clause or an alleged illegitimate increase, ask the landlord for written documentation and a copy of the RLI registration. If the landlord does not cooperate, keep all communications (emails, messages, receipts) and consider a formal request for clarification before taking legal steps.[2]
Lease registration and tax options
Registering the lease is mandatory for most rentals and establishes rights and obligations. At registration you can also choose the flat tax (cedolare secca) on rent, which changes taxation compared to the ordinary regime; get advice on tax choices at signing and registration.
How to
- Collect written proof of the lease and payment receipts (file).
- Document defects or maintenance requests with photos and records (document).
- Contact a tenant help service or legal advisor to evaluate next steps (call).
- If needed, prepare a formal notice and consider court action with professional support (court).
FAQ
- What is the main difference between 4+4 and 3+2?
- 4+4 is an open lease with tacit renewal and terms negotiated by the parties; 3+2 agreed leases set rent limits established by local agreements.
- Do I have to register the lease?
- Yes, registration is mandatory for most rental contracts and serves to certify the terms and rights of the parties.[2]
- Can I contest an unwritten rent increase?
- Yes, but it is essential to have written evidence: receipts, messages or a contract clause that authorizes the increase.
