The rental market in Italy, especially in big cities like Florence, Milan and Rome, is competitive and often scarce. With this high demand, some landlords try to impose abusive conditions on tenants.
However, Italian legislation provides various protections, ensuring that both new and existing tenants know and exercise their rights.
Here we highlight some practices that landlords in Italy cannot demand of its tenants.
1. Proof of income required
While it is common for landlords to ask for proof of income, such as pay stubs or employment contracts, tenants are not required by law to provide them. However, the landlord has the right to refuse to rent the property. immobile if the tenant refuses to provide these documents.
This creates a delicate situation: the tenant can deny the request, but runs the risk of losing the property to another tenant willing to show their proof.
2. Deposit over three months
Italian law is clear about the maximum amount of the security deposit: the owner cannot demand more than the equivalent of three months rent. Any amount beyond this is illegal.
This amount must be stipulated in the lease agreement and must be returned to the tenant at the end of the contract, except in cases of serious damage to the property or default.
3. Smoking ban
Landlords cannot prohibit tenants from smoking inside the property, as this would be a violation of personal rights. However, the tenant may be held liable for damages caused by smoking, such as stained walls or other damages.
Furthermore, the tenant must respect any smoking bans in the common areas of the building.
4. Restriction of visits
Tenants have the right to receive visitors, whether friends or family, without the obligation to inform the landlord.
The only requirement is that these visits are free of charge, as charging for accommodation could be characterized as subletting, which generally requires authorization from the owner.
5. Demand payment in cash
Tenants have the right to choose how they prefer to pay their rent. Landlords cannot require payment to be made exclusively in cash.
Additionally, since January 2023, rents above €1.000 must be paid by traceable means, such as bank transfers or checks.
6. Charging for structural repairs
The responsibility for repairs to the property is shared between tenants and landlords. Small repairs, such as changing light bulbs or unclogging drains, are the tenant's responsibility.
However, structural repairs or major replacements, such as roof repairs or heating system replacements, must be paid for by the homeowner.
If the owner refuses to bear these costs, the tenant can seek legal means to resolve the situation, including terminating the contract.
7. Entry into the property without consent
Landlords cannot enter the property without the tenant's prior permission, except in emergency situations.
Any other attempt to access the property without prior notice constitutes a violation of the tenant's privacy.
8. Installation of surveillance cameras
The installation of cameras inside the property is prohibited, as it violates the tenant's right to privacy. However, external cameras, such as at the main entrance, are permitted, as long as the owner informs them of their location and obtains the tenant's consent.
These are some of the main protections guaranteed to tenants in Italy, especially in long-term rental contracts.
For those planning to rent a property in the country, knowing these rules can be key to avoiding abuse and ensuring a fair contract. (Main photo: Depositphotos)
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