Whether you’re a tenant who’s just found the perfect place to rent or a landlord who’s renting one out, it’s important that you have all the necessary information in the rental agreement, either a contratto d’affitto or a contratto di locazione.
What does a contract need? A rental contract must contain the following information:
- The landlord’s and the tenant’s personal details
- Property details
- A clause confirming that the tenant has received the Energy Performance Certificate (Attestato di Prestazione Energetica or APE)
- The annual amount of rent
- The community costs to be paid by the tenant
- The amount of deposit – normally 3 months’ worth of rent
- Contract length
- The terms and conditions relating to the termination of the contract by either party
- The terms and conditions relating to upkeep and maintenance of the property
Registering the contract: In Italy, the landlord must register the rental contract with the agenzia d’entrate, the taxman, less than 30 days after it is signed and within 60 days the authorities must register the tenant as living in that property. The costs of this registration are split equally between the landlord and the tenant.
Taxes: If the landlord decides to declare the rent they receive in their annual tax returns, the tenant must pay 50% of the registration tax and 100% of the stamp duty.
Types of contract
contratto di locazione a canone libero (contratto 4+4): This type of contract always lasts for 4 years and at the end of this period it is automatically renewed for another 4. If the tenant wishes to terminate the contract, they must do so with 6 months’ prior warning. The landlord, meanwhile, must warn the tenant of their intention to terminate the contract at least 6 months before the end of the first rental period.
contratto di locazione ad uso transitorio: This type of contract is normally used for temporary rentals of between 1 and 18 months.
contratto di locazione a favore degli studenti universitari: This is a kind of contract designed specifically with students in mind as the length is only from 6 to 36 months.