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Housing in Italy

General Information

You will find a variety of rental solutions depending on where you relocate. If you want an independent villa with garden then you are liable to find a wider choice away from city centres.

The most common solution would be to rent an apartment. Apartments available are either Vuoti (empty), they have no furniture, no light fixtures nor an installed kitchen, or Parzialmente arredati (partially furnished), these semi-furnished apartments will have an installed kitchen, some light fixtures and perhaps some Armadi (wardrobes), or Arredati (furnished), a completely furnished apartment usually does not include bed linen and towels nor plates, cutlery and pots and pans.

Most landlords are ready to negotiate conditions as long as you do not ask for a drastic rent reduction, an agreement can be reached whereby some furnishing expenses can be shared.

While you are house hunting you could choose a temporary accommodation in a Residence (apartment hotels) ; they are generally used for short term rentals.

Normally, very few buildings have parking facilities, especially in cities. Cars are parked on the road but you can rent parking space in a public garage or rent a Box (garage).

When rental prices are mentioned you will be given two figures, Affitto (rent) and Spese (condominium expenses), these include central heating, cleaning and maintenance of common areas, the wages of the Portiere (concierge), and water charges.

Italian law requires all rental contracts to be registered. Registration fees are 2% of annual rent plus Government Stamps, Bolli, while furnished properties pay 3%. Registration fees are normally divided equally between tenant and landlord.

Rent is paid in advance every three months. When you sign a rental contract you give three months rent deposit to the landlord. The deposit is returned at the end of the lease with relative legal interest .If there are any damages to the property expenses can be retained from the deposit.

Estate agents charge anywhere from 10% to 15% of first year rent.

Rental Offer

When you have spotted the right accommodation the real estate agent will ask you to sign a Proposta di Locazione or rental offer, legally considered as a pre-contract.

This written offer will have names and addresses of both the tenant and the landlord, the property address, a brief description of its size and the amount you offer as rent.

Required date of availability is specified. Your requirements related to the property such as repairs or request for furnishings are also noted down.

Estate agents add a clause regarding their commission and terms of payment.

The offer is accepted only if accompanied by an agreed sum of money, cheque or cash payment. The amount is written on the offer sheet along with validity of the offer, generally from two to eight days, you can decide how long you want to wait for a reply.

You are given a copy counter signed by the estate agent and the offer is submitted for approval to the landlord.

If the offer is accepted within the given time you proceed to the actual contract and the money advanced by you is returned.

If the offer is not accepted within time you get back your money and start looking for another property.

Before signing a Proposta di Locazione be sure you really want the property, if the landlord accepts your offer and you do not rent the property then you are liable to loose your money.

The Residencial Rental Contract

A rental contract is legally valid only if it is written and consequently registered.

Registration fees are divided equally between the two parties.

All rental contracts are subject to the Italian Civil Code and the new Rent Reform Laws promulgated in December 1998.

Duration

A residential rental contract can either be Primario-primary or Transitorio-transitory.

The first kind can have two solutions:

  • Duration not less than FOUR years, automatically renewable for an equal period of time.
  • Termination notice can be given by the owner only on legitimate grounds, e.g. in case necessity of personal use arises or when the property requires total reconstruction.
  • In any of the above cases the concerned parties are free to reach the best agreement.

OR

  • Duration not less than THREE years, legally extendable for another TWO years, here again the legitimate grounds for termination explained above are applicable. Both parties may avail of tax benefits if representative unions have reached an agreement on the national level.

The new reform will define the exact nature of "Transitory" contracts within June 1999.

The shorter duration of these contracts will be determined by reasons related to work or study. University towns will be free to promulgate specific local laws.

Contracts other than the ones mentioned above are not regulated by the new rent reform law, E.g., rentals for Tourism and Foresterie or contracts signed by corporate companies, these contracts are regulated by the Italian Civil Code of Law.

Renewal And Termination

Following legal terminology in written contracts the tenant is referred to as Conduttore, and the landlord as the Locatore.

A Conduttore, tenant, has the right to terminate a contract at any time, for valid reasons, by giving a six months notice, Disdetta. In any case, these conditions can be changed if both parties agree and changes are specified on the contract.

A contract is "Automatically Renewed" in the absence of written notice of termination received six months prior to expiry.

At the end of the first renewal both parties must notify, within the given time, their intentions regarding renewal or termination of the contract. The other party must give a reply within sixty days

Obligations of the Landolord

  • The property must be handed over in good condition, fit for the intended use. Contracts always carry a clause whereby the tenant declares that the property fulfils this requirement. Nevertheless, it is always best to verify the general conditions and notify damages or faults within eight days from date of possession.
  • The property must be maintained in a state fit to serve the intended use.
  • The tenant must be guaranteed peaceful use of the premises.

Obligations of the Tenant

  • To maintain the property in good condition and use it for the purpose determined in the contract.
  • To pay the due rent within the agreed time. According to Italian law the non- payment of two months rent after twenty days from prescribed time can bring to the termination of a contract.
  • To hand back the premises at the end of the contract in the same conditions as when received, apart from deterioration due to normal use.

Maintainance

The general criteria applied to maintenance and repairs is:

  • The tenant is responsible for ordinary maintenance.
  • The landlord is responsible for extraordinary maintenance.

The Civil Code defines the details of these responsibilities. Specific agreements regarding administrative fees, painting of the property etc., are to be mentioned on the contract.

Garantee Deposit

The deposit can not exceed the total of three months rent. The sum will accrue interest at the current legal rate (presently 2,5%) and be given to the tenant annually. It can not be used to cover rent dues unless otherwise agreed.

The tenant is given back the deposit at the end of the lease, unless the landlord claims payment for damages to the property caused by the tenant. The extent of such damages must be proven.

Termination

On termination of the contract the property must be handed back to the owner If this does not happen legal action can be taken and a Court Notice is served, Sfratto, whereby the tenant is ordered to vacate the property within a given time, not more than six months.

During the procedure of Sfratto, the landlord is entitled to receive rent increased by 20%.

A tenant can claim back all unpaid sum from the landlord within SIX months of the termination of the contract.

Some Useful Suggestions

As a general rule read a rental contract very carefully before signing it. Pay attention to all the included clauses so as to avoid future misunderstandings.

Some clauses can vary subject to mutual agreement, others are predefined and common to all rental contracts.

  • A landlord may inspect his rented property, the periodicity and notice of visits can be defined on the contract.
  • The tenant can not transform the property without written permission from the landlord. Nor can he claim reimbursement for repairs or reconstruction undertaken unless there is a prior written agreement. If the property is transformed structurally without written consent the owner can ask the tenant to restore it to its original conditions before leaving.
  • Before vacating the property the tenant must allow visits for future rent or sale. How often visits can take place can be agreed upon.
  • All apartment buildings must abide by common condominium laws. Make sure you are given a copy and find out if there are any particular restrictions regarding animals, bicycles, use of common areas, children etc,.
  • The landlord is not responsible for damages occurring within the property or to a third party e.g., theft, water and gas leakage. It is advisable to have your own House Insurance, although this is not a legal requirement.

The Inventory

The inventory is a document that gives a detailed description of the premises. Controversies at the end of a lease can be avoided if the inventory is well drawn. It should list all the contents, existing faults and the number of keys given to the tenant. On approval of both parties it is counter signed and each is given a copy. Your Relocation Assistant will be a precious help on this occasion

House Insurance

House insurance is not a compulsory requirement included in all rental contracts. Some times a landlord may add a specific clause to the contract stating that he requires proof of insurance before handing over the property.

Household insurance policies are offered by national and foreign companies as well as by Europ Assistance. Often, fire, theft and liability are covered by separate policies.

An insurance against fire hazards can cover the building structure, the contents, third party liability and reconstruction expenses. Sometimes the owner insures the building, but the policy does not include damage to contents. Find out if your landlord has an insurance on the property so that you can act accordingly.

A policy covering theft perils requires a certain number of safety measures, e.g., an alarm system and proper locks on windows and shutters as well as all other openings.

If you bring jewellery, antiques or any other valuables and want to insure them, make sure you also bring proof of their value.

The head of the family can have a separate policy covering local liability since it is not automatically included in the above mentioned policies.