Italian Tenant and Landlord Law: An Overview
Italian residential leases run on statutory tracks that decide far more than how much rent is due. The contract type sets its own minimum duration and rent rules, an optional flat tax changes what the landlord actually keeps, and a strict court procedure, not a lockout, is the only lawful way to recover a property once rent goes unpaid.
This page orients that landscape and points to the three pages in this section that carry the full mechanics: the two lease regimes, the tax that applies to the rent, and what happens when a tenant falls behind.
Information verified on 21 July 2026. This page provides general legal information and does not constitute legal advice for an individual situation.
Two lease regimes, one set of statutory minimums
Art. 2, L. 431/1998 gives landlords and tenants exactly two structures for an ordinary residential lease. Canone libero runs a minimum of four years with a freely agreed rent and an automatic four-year renewal; canone concordato runs a minimum of three years at a rent kept within bands set locally for that comune, extended by two years if neither side ends it.
Our page on rental contracts in Italy works through both regimes, the closed list of grounds a landlord needs to end one, and what happens if a landlord acts in bad faith after doing so.
Taxing the rent: cedolare secca
Once a lease is signed, the landlord chooses, lease by lease, whether to pay ordinary income tax on the rent or opt into cedolare secca, a flat substitute rate that replaces IRPEF, its regional and municipal addizionali, and the ordinary registration tax in a single payment. The rate depends on the contract type, 21 percent for canone libero or 10 percent for a qualifying canone concordato lease, and short-term lettings follow their own separate rate and a new two-apartment cap from 2026.
Our page on cedolare secca works a concrete comparison against ordinary taxation, since whether it actually saves money depends on the landlord's own numbers, not a single rule of thumb.
When rent goes unpaid: sfratto per morosita
Falling behind on rent does not let a landlord act on their own. Sfratto per morosita is the court procedure that alone can recover the property, beginning once rent is a set number of days late, and a tenant who appears at the first hearing can generally stop the case by paying everything owed there and then.
Our page on eviction for unpaid rent covers the procedure step by step, the grace period and its limits, and what enforcement actually looks like once a court confirms the eviction.
For the wider range of Italy coverage on this site, see the Italy hub.
Frequently Asked Questions
What is the difference between a 4+4 and a 3+2 lease in Italy?
A 4+4 (canone libero) contract runs four years plus an automatic four-year renewal at a freely agreed rent. A 3+2 (canone concordato) contract runs three years plus a two-year extension at a rent kept within locally agreed bands, and it is the only route to the reduced cedolare secca rate.
Is cedolare secca always cheaper than ordinary taxation?
Not necessarily. Whether it costs less depends on the landlord's own IRPEF bracket, their comune's addizionali, and what ordinary taxation would otherwise deduct, so the answer varies from one landlord to the next.
Can a landlord change the locks if a tenant stops paying rent?
No. Only a court-ordered eviction, confirmed by a judge and carried out by an ufficiale giudiziario, can retake the property. Any form of self-help exposes the landlord to liability regardless of how much rent is owed.
Can a tenant stop an eviction once it has started?
Often yes. Paying everything owed, rent, charges, interest and costs, at the first hearing or within whatever grace period a judge grants, can stop that instance of the case, though the law limits how many times a tenant can use this cure within a four year period.
Does a lease have to be registered even if both sides agree to skip it?
No. Registration within thirty days is mandatory regardless of what the parties privately agree, and skipping it exposes the landlord to having the lease reset to statutory minimum terms if the tenant later goes to court.
Can a landlord end a lease just to raise the rent for a new tenant?
No. The grounds for ending a lease at its first expiry are limited to specific situations, such as personal use, sale, or planned building work. Wanting more rent from a new tenant is not one of them.
Sources and References
- art. 2, L. 9 dicembre 1998, n. 431, Modalita di stipula e di rinnovo dei contratti di locazione(normattiva.it).gov
- art. 3, L. 9 dicembre 1998, n. 431, Disdetta del contratto da parte del locatore(normattiva.it).gov
- art. 13, L. 9 dicembre 1998, n. 431, Patti contrari alla legge (registrazione)(normattiva.it).gov
- art. 3, D.Lgs. 14 marzo 2011, n. 23, Cedolare secca sugli affitti(normattiva.it).gov
- art. 4, D.L. 24 aprile 2017, n. 50, Regime fiscale delle locazioni brevi(normattiva.it).gov
- art. 5, L. 27 luglio 1978, n. 392, Inadempimento del conduttore(normattiva.it).gov
- art. 55, L. 27 luglio 1978, n. 392, Termine per il pagamento dei canoni scaduti(normattiva.it).gov
- art. 608, Codice di procedura civile, Modo del rilascio(normattiva.it).gov
- Agenzia delle Entrate, Cedolare secca, Che cos'e (scheda informativa cittadini)(agenziaentrate.gov.it).gov