In Italy, there are certain situations where it may be possible to temporarily suspend a rental contract. This can happen when unforeseen events, such as force majeure or significant issues affecting the property’s habitability, arise. However, it’s important to understand the legal requirements and the proper process for requesting a suspension. This is everything you need to know about when and how it is possible to suspend a rental contract in Italy.
How to suspend a rental contract in Italy
Both the landlord and the tenant have the option to suspend the rental contract, but it is always necessary to draft a written agreement. This agreement must clearly detail the reasons behind the suspension and specify the period during which the changes will apply. The new agreed rent amount must be stated— even if the parties decide that no rent is due— along with any other clauses that have been agreed upon.
The suspension of the rental contract must be officially notified to the Italian Revenue Agency (Agenzia delle Entrate) using an RLI form.
But what does suspending a rental contract actually mean in practical terms? Simply put, it is a temporary pause in the agreements between the parties, without the contract being cancelled entirely. During the suspension period, the parties agree to halt certain obligations, which may include rent payments or the use of the property itself.
How suspending a rental contract works
It is important to emphasise that the suspension of a rental contract is not explicitly provided for by Italian law. However, the parties involved can implement it through a specific agreement. During the suspension period, rent is not paid, but the contract itself is not terminated—it is simply put on hold for a set period.
Key features of suspending a rental contract:
- A written agreement must be signed by both parties. The tenant and landlord can agree to suspend the contract due to a temporary financial difficulty experienced by the tenant or for other reasons.
- If the property becomes uninhabitable—such as due to burst pipes requiring major repairs or a municipal order declaring the property unsafe—the tenant may suspend rent payments since they cannot use the property (an agreement with the landlord is still required).
- During the suspension period, the tenant is not obliged to pay rent, and the landlord cannot demand it. Importantly, the landlord cannot take legal action for non-payment during this time.
- Once the suspension ends, the rental contract automatically resumes under the same conditions and clauses as originally agreed. If either party wishes to make changes, a new contract must be signed.
When can a rental contract be suspended?
A rental contract can be suspended when unforeseen circumstances arise that were not anticipated at the time the agreement was signed. This happens when either the landlord or the tenant finds themselves unable to fulfil their contractual obligations for a certain period.
The new situation leading to suspension may be caused by:
- Force majeure events;
- National emergencies;
- An agreement between the parties.
It is important to stress that the suspension of a rental contract can only take place under specific conditions, including:
- An agreement between landlord and tenant;
- The property becoming unusable.
Force Majeure
What exactly does force majeure mean? Articles 1256 and 1467 of the Italian Civil Code provide clear guidance, stating that if a contractual obligation becomes impossible to fulfil due to reasons beyond the debtor’s control, the obligation is considered extinguished. In the context of rental contracts, however, obligations are usually suspended rather than fully terminated for the duration of the force majeure event.
Practical examples include:
- The outbreak of a pandemic, such as Covid-19, which was a clear case where tenants and landlords had to renegotiate rental terms following government restrictions;
- Natural disasters, such as earthquakes or floods, which may render a property temporarily uninhabitable.
Property Defects
Defects in the property can also justify suspending the rental contract. For a tenant to invoke this, the defects must make it completely impossible to use the property. This situation arises when the tenant is forced to leave because the property has become unsafe, uninhabitable, or unhealthy. In these cases, the tenant may stop paying rent without risking legal action for non-payment.
If the defects only reduce the tenant’s enjoyment of the property— even significantly— suspension is not allowed. In such cases, the tenant must continue paying rent but can later claim compensation or a rent reduction to cover the loss of use.
Requesting suspension of rent payments
Requesting a suspension of rent payments is one of the most common asks tenants make of landlords. It is possible when the tenant cannot use the property for a certain period due to force majeure.
To avoid any legal uncertainty, it is essential that any agreement to suspend rent is formalised in writing.
What is not allowed
When seeking to suspend a commercial or residential rental contract, the following is not permitted:
- Unilaterally stopping rent payments. Before ceasing payment, the tenant must reach an agreement with the landlord or have a valid reason.
- Terminating the contract early without notice. Early termination is possible, but the tenant must respect the required notice period and continue paying rent until the contract expires.