A landlord grants a tenant use of a property under a tenancy governed by Articles 1571 onwards of the Italian Civil Code. Article 1571 defines a tenancy as an agreement granting enjoyment of movable or immovable property for a specified period in return for rent, creating reciprocal rights and duties throughout the relationship.
Under Article 1575, the landlord must deliver premises in good repair and fit for the agreed use, maintain that suitability and ensure the tenant’s peaceful enjoyment throughout the tenancy. A home must be habitable, safe and capable of normal use.
If serious electrical defects or roof leaks make occupation difficult, the landlord must remedy them, except for minor repairs legally falling to the tenant.
Article 1576 requires the landlord to undertake necessary repairs other than minor maintenance. Roof replacement, replacing a failed boiler or repairing a deteriorated plumbing system are generally the owner’s responsibility.
The landlord must also ensure use is not disturbed or unjustifiably limited by the owner or third parties.
The principal right is to receive rent on the agreed dates and terms. If the tenant defaults, the landlord can seek unpaid sums and, in serious cases, commence statutory eviction proceedings for arrears.
The landlord is entitled to the property’s return in the condition in which it was delivered, allowing for ordinary wear. Damage caused by negligence or misuse may justify compensation or withholding the security deposit within legal limits.
Residential tenancies are also governed by Law 431/1998, addressing contract types, duration, renewal and withdrawal to balance both parties’ interests. Registration-tax rules require registration when a tenancy exceeds thirty days in total in a year, ensuring tax compliance and greater legal protection.
The landlord must therefore provide and maintain suitable premises, while being entitled to rent and diligent use consistent with the law and contract. Balancing these rights and obligations is the basis of a stable, lawful tenancy.