Complete Guide to the Eviction Process in Italy: Step by Step 2024
Are you a foreigner residing abroad? Do you own property in Italy that is leased to an individual or a company? Have you leased out your property, but the tenant has stopped paying the rent? Has the contract expired and your tenant does not want to leave the property? Do not worry! Through this guide, we will explain the steps related to the eviction process in Italy.
First, eviction is an act whereby the landlord demands that the tenant vacate the property.
Now let’s look at the scenarios in which the eviction process can be initiated in Italy.
Italian law contemplates two scenarios where it is possible to start an eviction process: non-payment and end of lease.
When can a landlord initiate the eviction process in Italy?
According to the non-payment scenario, when the tenant stops paying the rent and/or condominium expenses.
Regarding the second scenario, the end of lease, when upon the expiration of the contract the tenant refuses to vacate the property.
Analyzing Eviction for Non-payment in Italy
The eviction process for non-payment in Italy is governed by article 658 of the Civil Procedure Code: “The landlord may serve an eviction notice on the tenant in the manner established in the preceding article also in the case of non-payment of the rent on the due dates, and request in the same act a payment injunction for the overdue rents.”
What are the prerequisites for the eviction process for non-payment in Italy?
- That there is a valid lease agreement, registered with the revenue agency.
- That there is a subject who has a title allowing them to dispose of the property. Therefore, it is not necessarily a landlord, but could also be, for example, a usufructuary.
- That there is a delinquent tenant.
Eviction for Non-payment in Italy in Case of Non-payment of Condominium Expenses
The regulations on eviction in Italy provide that, even in the absence of payment of condominium expenses, it is possible to proceed with the eviction for non-payment. Therefore, if the tenant pays the rent regularly but neglects to pay the condominium expenses for an amount exceeding two months, it is possible to initiate the eviction process in Italy.
Eviction for Non-payment in Italy in Case of Non-payment of Rent
The law tells us that, in the case of property intended for residential use, eviction can also be ordered for the non-payment of a single installment, if 20 days have passed since the due date.
It is necessary to identify the competent court, which according to Italian law is the court of the location of the rented property. Subsequently, it is essential to send a warning letter with the assistance of a legal professional.
What is a warning letter?
It is an act whereby the tenant is urged to pay the rent within a specific deadline, notifying them that, in case of non-payment, the landlord may undertake legal actions to protect their interests.
Once the warning letter is received, the tenant has several options:
- pay the rent
- reach an agreement
- continue to ignore the contractual obligations
By paying the rent and reaching an agreement, the situation is resolved and the lease can proceed regularly, without problems. If, however, the tenant continues not to pay, legal proceedings are initiated with the eviction notice and the summons to a hearing for validation.
First, the tenant will be summoned to appear before the eviction judge.
Subsequently, the judge will be asked to declare the resolution of the lease for non-performance, with the consequent issuance of:
- an order validating the eviction: constitutes an enforceable title for the release of the property
- an injunction: constitutes an enforceable title for the recovery of amounts
At the hearing, different situations may occur:
- the tenant does not show up or does not oppose
- the tenant may request a grace period: a period of time (generally no more than 90 days) to settle their debt
- the tenant opposes the validation: the judge will have to decide whether to postpone the proceedings or not
And if, despite the issuance of the eviction order, the tenant persists in non-payment without leaving the property?
Then, in this case, the landlord’s lawyer will notify them with a decree ordering them to leave the property within a time generally of 10 days.
If after these days, the situation has not changed, forced execution will proceed.
Analyzing the Eviction Process for Ended Lease in Italy
Eviction for ended lease is also an act, regulated by article 657 of the Civil Procedure Code: “The landlord or grantor may serve an eviction notice on the tenant, the gratuitous user of real estate, the business lessee, the direct cultivator tenant, the sharecropper or the colonist license for ended lease, before the expiration of the contract, with the simultaneous summons for validation, respecting the terms prescribed by the contract, by law, or by local customs. They may also serve the eviction, with the simultaneous summons for validation, after the expiration of the contract, if, by virtue of the contract itself or due to previous acts or notices, tacit renewal is excluded.”
Naturally, here too the necessary prerequisite is the possession of a valid lease agreement, but the case is different: the tenant does not voluntarily vacate the property despite the lease having regularly expired. It may also be requested before the natural expiration of the contract: in this case, it will operate as a real future condemnation.
In cases of eviction for ended lease in Italy, the tenant can:
- oppose: thus initiating a proceeding that will conclude with a judgment issued by the judge
- not oppose: the judge will validate the eviction
- request an extension: generally it is a maximum of six months. In special cases, the eviction can be extended for 18 months, for example, in the case of the presence of minor children, people with diseases, or elderly people.
Eviction from a Commercial Premise in Italy
In this case, too, it is possible to carry out eviction for non-payment and ended lease. Commercial lease contracts are tacitly renewed, for the same preceding period, if the landlord does not request cessation before the expiration and in the notice period established.
Unlike what we have said for residential properties, in this case, to serve the eviction, the period of 20 days from the expiration of the contract does not have to be respected.
Therefore, under article 1455 of the Civil Code, the resolution of the contract will occur in all cases of non-performance “of no minor importance”: “The contract cannot be resolved if the non-performance by one of the parties is of minor importance, considering the interest of the other.”
Regarding the phases of the procedure to be followed, they are analogous to those already analyzed.
Conclusions
Here is our brief guide on the discipline of eviction in Italy. For more information, do not hesitate to contact one of our Italian lawyers specialized in leases and ask for a consultation.
