After completing our guide on Finding an apartment for rent in Italy, it is now time to finalize the deal and sign the rental contract.

Warning!

Do not transfer money in advance for any rental contract before you see the apartment in person, meet the owner or the legal property manager and receive the keys and the signed contract in your hand.

Never pay any amount in cash, only with bank transfers from your account to an account on the same name of the landlord in the contract or a verified real estate agency that showed you the apartment.

Outline

These are the typical steps to sign a rental contract through a real estate agency. Skip directly to step 5 if no agency is involved:

1. Visit the apartment in person, and check carefully if it is well maintained, clean, painted and nothing is broken.
2. Negotiate the terms of the contract or the pre-contract rental proposal.
3. After you meet the agent face to face in their office, sign the written pre-contract rental proposal (proposta di locazione immobiliare).
4. Pass to the agency (not to the landlord) via a bank transfer the requested down payment (caparra confirmatoria), typically the first month of rent, which the agent would pass to the landlord only in case they sign your written rental proposal and would return it all back to you otherwise.
5. Ask for a digital version of the final draft (bozza) contract that you will sign. Auto-translate the contract and read it carefully. Send back only critical changes, and keep a list of small changes for the signing meeting.
6. In the signing meeting, take photos of the identification document of the landlord, and check carefully that the photo is actually of them and that their full name and Codice Fiscale are identical to the ones in the contract.
7. Sign the rental contract together with the landlord in 3 paper copies, one for each of you and the 3rd to register the contract.
8. Get the keys to the apartment in your hand.
9. Pay via bank transfers to the agency their fees, and to the landlord the deposit and first month of rent, if not paid already as a down payment.
10. Make sure that the contract is registered.
11. After you move in, make sure to complete final tasks.

Negotiating the terms

There are some terms that you should demand for any rental contract, and make sure to include them in the pre-contract rental proposal that you might sign with any real estate agency, such as:

• Limit your proposal with a date, giving a short period to accept your proposal, and a few more days to conclude the contract. Without these dates, you are legally binding yourself to an open offer.
• Full reimbursement of the down payment to submit your pre-contract proposal (caparra confirmatoria), in case that the landloard rejects the offer or does not sign in the given time.
• Deposit of no more than 3 months – more is illegal!
• Return the apartment in the same conditions that you got it, instead of writing “repainted” (“pareti ridipinte / imbiancate“)
• If the apartment is even partially furbished, you must append to the contract a list of exact furniture and electric appliances indicating their specifications and state, e.g.
  – 1 used Beko 7kg laundry machine
  – 2 new wooden chairs
  – 1 old lamp of IKEA NYMÅNE with 4 spotlights
  The detailed list is not in your favor, however it will reduce conflicts when you’ll ask for your deposit back at the termination of the contract.
• If they convince you with promises and claims of future improvements of the property, e.g. new air conditioner before summer, fixing something by April 1st etc., make sure to include these as binding terms with deadline dates to include in your pre-contract proposal and in the contract later on as well.

Some other terms in your favor could be pushed to the contract if you feel that you are on the upper hand, for example if the rent is exaggerated, but the apartment is on the market for a few months already or if you have an amazing net salary from within Italy of over 3 times the asked rent:

• If a real estate agency is involved, ask them to reduce their commission
• Leave notice of no more than 3 months in advance

Types of rental contracts

There are 5 main types of rental contracts that are legal in Italy, depending on the purpose and the duration of rent.

Free contract 4+4 (Libero)

The most common contract guarantees to the tenant the same rent fee for auto-renewing periods of 4 years.

The tenant can break this contract with a notice period of a few months in advance, typically 2 or 3 months, as mentioned specifically in the contract.

The landlord however, needs a justified reason to terminate the contract, such as a complete renovation or self housing, and by sending a termination letter (disdetta or recesso) via a registered tracked letter mailed by the postal service (raccomandata con avviso di ricevimento or A/R) at least 6 months before the completion of 4 years.

Agreed contract 3+2 (Concordato)

The second most common type of contract, has auto-renewing periods of 3 and then 2 years (3+2+2+2…), and is limited to a legal maximal rent, according to tables of the local authority. The landlord could raise the rent whenever these tables is updated.

The tenant can break this contract with a notice period of a few months in advance, typically 2 or 3 months, as mentioned specifically in the contract.

The landlord however, needs a justified reason to terminate the contract, such as a complete renovation or self housing, and by sending a termination letter (disdetta or recesso) via a registered tracked letter mailed by the postal service (raccomandata con avviso di ricevimento or A/R) at least 6 months before the completion of the first period of 3 years.

Temporary contract (Transitorio)

This type of contract is limited for the period of between 2 and 18 months. It is the most common among those who do not intend to register their residence (Residenza) in the apartment, though legally it is acceptable for residency registration, unless it is stated otherwise in this contract itself.
In most cases, either party can cancel the contract with a notice period of a few weeks or months in advance, according to what is written in the contract.

Temporary students contract (Transitorio per studenti universitari)

This hybrid contract is limited to university students and interns who are not residents in the same city where they study and wish to rent this apartment. Furthermore, the rent fee is regulated, and the period must be between 6 and 36 months, corresponding to the study plan. This contract could be extended if the study period is prolonged.

Short term contract (Locazione breve)

This contract, which is common among tourists, is limited for up to 30 days.
In most cases, the cost for the entire period is paid in advance through an internet platform such as AirBNB, which also clearly presents the terms of the transaction, and the owner of the apartment is obliged to report to the authorities before the stay of each guest.

Registration of the contract

An apartment rental contract has legal validity in Italy only if it has been registered in the municipality, and it is mandatory to do so within 30 days of the date the contract starts. This will be done usually by the landlord who cares for his property or by a real estate agent, but could be done by the tenant as well.

This cost about €200, which could be split by the sides or paid in full by either, according to what is agreed and signed in the contract itself. The landlord have the option to register the contract in a fixed tax regime that would waive this fee completely, and if so it should be stated in writing.

Only with a registered contract, you can proceed to register your personal residency in Italy (Residenza). This would make your life in Italy less cumbersome, and it is required by law for most immigrants, even EU citizens, residing in Italy for more than 3 months.

After moving in

There is an important to-do checklist for your first week after moving in:

• Take photos of the readings of all the electricity and gas meters, and send them to the landlord and to the previous tenant if necessary, so that you can pass all the utility bills on your name
• Make photos of any damage that you find in the furbished apartment during your first week of stay (or if anything occurs later on), and send them by email, for future record
• Register your new residence address in the municipality, or if you’ve already done so before, online on the website of Anagrafe Nazionale with authenticated login
• If you need to pay the condominium fees directly to the building management company, get in contact with them and make sure to notice them on the change of tenants with the specific day of entrance

The information in this article is based on many sources of information, out of which the only official source is the publication of Agenzia delle Entrate.
Detailed information in Italian could be found also in the blog Fiscomania.com.

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