- A guide by Spacest.com for landlords and tenants
- What is a rental contract?
- Types of rental contracts in Italy
- Essential elements of a rental agreement
- Duration of the rental contract: what to know
- Security Deposit: what it is and how it works
- Rights and duties of tenants and landlords
- Clauses to check before signing a contract
- Withdrawal and renewal of a rental contract
- Registration of the rental contract: obligations and costs
- Rental contract: conclusions and useful resources
- FAQ about rental contract
A guide by Spacest.com for landlords and tenants
Finding the right house or the right tenant is already a great achievement, but understanding the rental contract is the real fundamental step to avoid future problems.
In this comprehensive guide, you will find out everything you need to know about rental contracts in Italy: from the most common types to the clauses to check before signing.
Also discover our special section dedicated to rental contracts.
What is a rental contract?
A rental contract, also known as a lease, is a written agreement between the landlord (lessor) and the tenant (tenant), which establishes the rules for the use of a property.
The contract specifies, among other things:
- The duration of the rental;
- The amount of the monthly fee;
- The rights and duties of both parties;
- The methods of termination of the contract.
NB: In Italy, rental contracts must be registered with the Revenue Agency to have legal value.
Types of rental contracts in Italy
Not all rental contracts are the same. There are different types, each suitable for different needs:
- Free Rent Contract (4+4): standard duration of 4 years, renewable for another 4. The fee is freely established by the parties.
- Agreed Fee Contract (3+2): duration of 3 years, renewable for 2, with fee established on the basis of territorial agreements. Ideal for cities with high housing demand.
- Transitional Contract: duration from 1 to 18 months, useful for temporary needs. Requires specific motivations (e.g. fixed-term work).
- Contract for University Students: similar to the transitional contract, with capped rent. Useful in university cities.
Essential elements of a rental agreement
A valid contract must contain some key information:
- Data of the parties (landlord and tenant);
- Description of the property (address, size, any furnishings);
- Duration of the contract;
- Amount of the monthly fee and payment method;
- Condominium expenses and other charges;
- Security deposit;
- Clauses on withdrawal and renewal;
- Any special clauses (exclusive use, presence of animals, subletting).
Duration of the rental contract: what to know
The duration depends on the type of contract chosen:
- 4+4: Free, long-term contract;
- 3+2: Agreed, with possible tax breaks;
- Transitional: Short term, linked to specific needs;
- Students: Flexible duration based on the university course.
⚠️ It is important to know that the minimum duration is binding: the landlord cannot request the house before the deadline except in specific cases (e.g. sale, own use) and respecting the legal terms for cancellation by the landlord.
Security Deposit: what it is and how it works
The security deposit is a sum of money that the tenant pays when signing the contract, to guarantee any damage to the property or missed payments.
It usually corresponds to one to three months’ rent.
When is the security deposit returned?
At the end of the contract, the landlord has the obligation to return the security deposit if the property is in good condition and all expenses have been regularly paid.
It can only withhold the sums necessary for:
- Repair any damage (other than normal wear and tear)
- Cover unpaid fees or expenses
⚠️ Attention: it is not legal for the landlord to withhold the deposit without justified reason.
If you are a landlord and want to know if the security deposit in rentals is interest-bearing or non-interest-bearing take a look at our guide.
Rights and duties of tenants and landlords
The Spacest.com Team will provide you with a complete overview of the rights and obligations of landlords and tenants:
| Rights | Duties | |
| Tenant | – Use the property as established in the contract – Receive the property in good condition – Be respected in the times and methods of terminating the contract – Request the refund of the security deposit | – Pay your rent on time – Respect the condominium rules – Do not cause damage to the property – Notify the landlord if maintenance is required |
| Landlord | – Receive rent payment – Get the property back when the contract expires – Demand compliance with contractual clauses | – Deliver the property in good condition – Guarantee the safety and habitability of the house – Intervene for extraordinary repairs |
Clauses to check before signing a contract
Before signing a rental contract, it is essential that you read all the terms carefully, especially those that may limit your rights.
⚠️ Critical clauses to examine:
- Duration and renewal methods: pay attention to clauses that limit renewal.
- Penalties for early withdrawal: check if and when you can leave the property.
- Responsibility for ordinary and extraordinary maintenance.
- Special prohibitions (e.g. pets, subletting).
Tip: If you’re unsure, seek advice from a professional or tenant protection association, or contact our assistance center.
Withdrawal and renewal of a rental contract
In the cancellation of the rental contract the tenant can withdraw from the contract for serious reasons with notice that usually ranges from 3 to 6 months, unless otherwise agreed.
Examples of serious reasons: job transfer; health problems; other documentable extraordinary events
- 4+4 and 3+2 contracts are automatically renewed, unless cancelled;
- The landlord can oppose the renewal only in specific cases (e.g. need of the property for personal use) and respecting the legal deadlines for cancellation.
Registration of the rental contract: obligations and costs
The landlord is obliged to register the contract with the Revenue Agency within 30 days of signing.
How much does registration cost?
- Registration tax: 2% of the annual rent (divided in half between tenant and landlord);
- Revenue stamp: 16 euros for every 4 pages or 100 lines.
💡 Note: Some contracts (is. agreed fee) can benefit from “cedolare secca” (⬅️ discover it in this guide), a preferential substitute tax of 21% or 10%.
Rental contract: conclusions and useful resources
Signing a rental contract is an important step that requires attention and awareness.
Knowing the clauses, rights and duties of both parties is essential for a peaceful coexistence without surprises.
If you have any doubts about particular clauses or problems with your contract, always consult an expert in the field or a tenants’ association.
🔗 Useful resource: You can directly consult the official guidelines on rental agreements on Revenue Agency website.
FAQ about rental contract
1. Is it mandatory to register a rental contract?
Yes, registration is mandatory to give legal validity to the contract and for tax purposes. An unregistered contract may result in penalties.
2. What happens if the contract is not registered?
Without registration the contract is void and the landlord risks fines. The tenant can request official registration.
3. How many monthly deposits can the landlord ask for?
Generally from 1 to 3 months. Higher amounts are rare and must be justified.
4. Can I leave the house before the end of the contract?
Yes, but only for serious reasons and respecting the notice (usually 6 months).
5. Who pays the condominium expenses?
Ordinary expenses (e.g. cleaning, stair lighting) are the responsibility of the tenant; extraordinary ones (e.g. structural works) are the responsibility of the landlord.
6. Can I have pets for rent?
Only if the contract does not explicitly prohibit it. In the absence of written prohibitions, the law tends to favor the right to have pets.