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Struggling to get your rental deposit (caparra) back in Italy? Learn your rights and avoid common pitfalls when dealing with landlords.
When can your landlord keep the deposit (caparra) and when it is unjustified?
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The 'caparra' - or more accurately 'deposito cauzionale' - is an amount that is required at the time of signing the contract and retained by the landlord. It is usually translated as lease deposit, and it has the sole purpose of compensating for a loss due to:
Failure to pay rent, or
Damage caused by the tenant to the property.
The security deposit, according to Law 392/78 art. 11, can be a maximum of 3 monthly payments and must be returned in full at the end of a contract when the keys are handed over unless differently agreed between the parties.
You can lose the security deposit or part of it only if:
The tenant has not paid all rent due,
There is evidence of damage to the apartment not due to normal wear and tear (which is the responsibility of the landlord). These damages must be demonstrated
Other reasons, like claiming for subsequent expenses, should not be retained from the deposit by regulation.
An agreement, commonly known as the 'handover report' (verbale di riconsegna, o ricevuta di consegna delle chiavi), is usually signed by both the landlord and tenant when the keys are returned. This document protects both parties, and not signing a key receipt (non firmare una ricevuta per le chiavi) exposes the tenant to potential abuse or disputes.
The key receipt typically includes the following elements:
Confirmation that the keys have been returned (conferma della restituzione delle chiavi)
Acknowledgment of the deposit return (ricevuta della restituzione del deposito cauzionale) or a statement indicating the timeframe within which the landlord will return the deposit
Notes on the condition of the property. Any damage assessment (valutazione dei danni) must be agreed upon between the parties and cannot be unilaterally decided by the landlord.
If a handover report is not signed at the time the tenant returns the keys, the principle of "seen and liked" ("visto e piaciuto") applies. This means that the contract is considered terminated, and it is presumed that the property has been returned in good condition. Any alleged damage reported after this point cannot be attributed to the tenant.
Not signing a key receipt exposes the tenant to potential abuse or disputes
Tthe principles for which the deposit can be withheld from tenants are clearly defined by the Italian law. In all other cases, the landlord commits a civil wrong.
All damages are ideally verified in person with the tenant at the time of the property handover. If a damage claim is done afterwards, the landlord has to prove that it was impossible to identify the damages during the handover. Otherwise, withholding the deposit for this is considered unlawful.
The landlord cannot unilaterally decide the value of an identified damage. The damage must be supported by a documented estimate (e.g., from a repair or cleaning company) or agreed upon by the parties.
If the landlord has the right to be reimbursed via the deposit retention, they need to prove the claimed amount with receipts or invoices for repairs or replacements. Alternatively, the amount must be agreed upon between the tenant and the landlord during the handover of the property and keys.
The landlord has the burden of proof to demonstrate the damages existed at the time the tenant vacated the property, whether during or after the handover. The landlord needs to demonstrate that the damage was not present when the tenant started the contract. This is typically done with an inventory report (verbale di stato iniziale) signed at the start of the contract
Normal wear and tear (deterioramento d’uso normale) is not the responsibility of the tenant. For example, the replacement of old furniture or minor wear from daily use cannot justify withholding the deposit.
The landlord is responsible of the extraordinary maintenance, and cannot pass on these expenses to the tenant
The landlord cannot unilaterally decide the value of an identified damage
Sometimes, the deposit is retained with the excuse of unexpected expenses, like cleaning, wall painting, pending bills or similar.
The Italian law specifies that expenses cannot be withheld from the rent deposit, as such amount is meant to protect the landlord from financial losses or damages. Common expenses need to be paid separately by the tenant, unless differently agreed upon key return.
The deposit cannot be withheld pending the arrival of the utility bills.
Wall painting: Italian contracts often include the tenant's obligation to paint the wall upon leaving. This clause needs to be explicit in the rent contract, and cannot be present in short term contracts (less than 4 years). This is enforceable, and if not done the landlord can claim the damage. But the landlord needs to prove the expense with a receipt.
Example: Your landlord claims €500 for painting walls but doesn't provide a receipt. According to Italian law, you can claim your deposit back until the expense is proven
Utility bills: They cannot be withdrawn by the deposit unless the tenant agrees, and the landlord has no right to withhold the deposit until the bills arrive. Either the parties agree on a lump sum, or the tenant will reimburse the landlord of the faced costs
Cleaning: The landlord cannot force the tenant to hire a specialized cleaning firm, and they cannot withdraw the costs from the deposit unless they demonstrate that the flat was not left in the same conditions that the tenant has received it and justify the costs
Sometimes, the landlord just exploits the geographical distance and disappears. It does not answer phone calls, messages and emails and limits any possible communication contacts.
This behaviour suggests that you are facing a rent fraud.
If the landlord is unreachable after the end of the rental contract, this does not exempt them from their obligation to return the deposit or to account for any legitimate deductions. You still have the full right to get back your deposit, and the landlord’s unresponsiveness can be interpreted as bad faith and strengthen the tenant’s position in legal proceedings.
You can still get the landlord to comply by formal means, without being physically close, for instance sending a Formal Notice: The tenant should send a formal letter of demand (diffida) via registered mail with return receipt (raccomandata con ricevuta di ritorno) or certified email (PEC) to the landlord's last known address, requesting the return of the deposit and setting a clear deadline (e.g., 10-15 days).
If it does not react, the tenant can escalate the matter and easily get back your money with expenses and damages. They can file a claim with the Justice of the Peace (Giudice di Pace) or seek a decreto ingiuntivo (injunction) through the court to recover the deposit. Legal assistance, though not mandatory, can expedite the process.
The tenant retains the right to recover the deposit and should document all attempts to contact the landlord, as this will serve as evidence if legal action becomes necessary.
You can pursue the return of an improperly withheld deposit up to 5 years after the conclusion of the contract.
If you have yet to return the keys: Protect your rights (read twice the above!). If you suspect that the landlord might claim illegitimate costs or refuse to return the deposit, do not return the keys until you have signed a handover report (verbale di ispezione) and agreed upon the deposit return. Make it clear that you will only hand over the keys once an agreement has been reached.
If you have already handed over the keys: Don't worry, you have the right to get your deposit back anyway. You can request the return of what is owed either informally or by formal notice (diffida). If the landlord keeps its undue standing and does not return the deposit, you remain in a strong position and can seek an injunction. Legal assistance is not mandatory, but hiring a lawyer or a tenants’ association can make the process faster and easier.
Unjustified costs: The landlord may claim costs for damages that are not legally attributable to the tenant or inflate the value of actual damages
Delays or Lack of Communication: The landlord may state that they will return the deposit at a later date, provide vague excuses, or fail to respond to your requests in an attempt to gain time and take advantage of the geographic distance.
The path is well defined and within everyone's reach. You can be followed step by step by getbackyourdeposit.it, to get back the caparra quickly and without effort, even when outside Italy.
Italian landlords often misinterpret their obligations or take advantage of their position, especially if the tenant moved in another city or country, to illegally withhold the deposit (caparra).
They usually bring excuses such as inflated expenses, undue payments, or just disappearing
You can get a handover report before leaving the property,
By understanding your legal rights and the process for filing complaints, you can protect yourself from exploitation and ensure compliance with Italian rental laws. Whether through negotiation, reporting, or legal action, you can turn an irregular situation into an opportunity to secure your rights.
Getbackyourdeposit.it can support you through the process of negotiation and formal notification. You can use our free tool to get guidance and a step-by-step personalized guide.
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