Tenant Rights in Italy: Protections Against Eviction
What the law provides
The regulation of residential leases in Italy is governed by Law 431/1998 and the Civil Code articles concerning lease; these texts set out tenants' and landlords' rights and duties and indicate the ways an eviction procedure can be carried out[1].
Eviction procedure for arrears
In the case of arrears the ordinary proceeding involves several stages: the demand or notice for payment, enforcement through an order for payment or summons for eviction, and finally the execution order issued by the Court. At each stage it is important to verify whether formalities and legal deadlines have been respected, because procedural errors can be challenged.
Timelines and useful documents
- Check the notification date and the deadlines for contesting it.
- Keep rent receipts and proof of any payments made.
- Gather contract documents, photos and correspondence with the landlord.
- Use the RLI Form for registration or change of the contract when needed.[2]
Frequently asked questions
- Can I stop eviction by paying overdue rent?
- Yes, in many cases paying the requested sums can halt the procedure, but it depends on the terms indicated in the notice and the stage of the proceedings.
- How much time do I have to respond to a notice?
- Deadlines vary, but it is important to act promptly and consult official resources or a lawyer to meet the deadlines.
How to
- Read the notice carefully and note the deadlines specified.
- Collect all evidence of payments, signed contracts and written communications.
- Send any objections to the landlord by registered mail or PEC and keep the receipt.
- If necessary, file a petition at the Court (Civil Section) or consult a lawyer.
- Seek assistance from municipal desks, tenants' associations or Agenzia delle Entrate services for forms and information.
Key takeaways
- Document every communication with the landlord promptly.
- Respect deadlines indicated in notices and orders.
- Use official services to obtain forms and clarifications.
