Illicit Eviction and the Italian Rental Law


Italian Rental Law: How to Protect Your Tenant Rights Against Illegal Eviction and Harassment

Navigating the Italian rental market can be challenging, especially for foreigners. 

This guide provides a clear overview of your rights as a tenant under Italian Rental Law and practical steps to protect yourself from illegal eviction attempts and landlord harassment.

Housing bullying, also known as real estate mobbing, refers to coercive tactics landlords use to pressure tenants into leaving. Whether you have a legally registered contract or an informal rental agreement, Italian law guarantees your right to housing. 

Understanding your rights and the legal remedies available can help you stay protected.

Your Housing Rights as a Tenant in Italy

The Right to Housing: Legal Protections Against Eviction

Italian law protects your right to remain in your home. This is called the Right to Housing (Diritto all'abitazione) which is a constitutional right in Italy.

A landlord cannot evict you without a court order, and the eviction process considers your personal and financial situation.

Even if you do not have a formal rental contract (i.e., renting “in nero”), you cannot be forced out without legal proceedings. The eviction process takes time—typically several months—and provides safeguards for tenants.

Landlords must provide at least six months’ notice before the end of a contract if they do not intend to renew it. Any attempt to force you out without legal action is considered coercion and is illegal under Italian penal law.

The Right to Residency Registration

Regardless of whether your rental agreement is formal or informal, you have the right to register your residency (residenza) at the local Anagrafe (municipal office). Residency registration is crucial for accessing public services, healthcare, and legal protections.

The Importance of Paying Rent and Keeping Records

Your best protection for your housing stability is ensuring you pay rent on time and maintain proof of payment. If you do so, the landlord is forced to respect the contract timeline and cannot ask you to leave earlier if not for very specific exceptions. That is why it is important to;

Failing to pay rent is one of the few legal grounds for eviction, so keeping your payments documented is essential.

Italian law protects your right to remain in your home. This is called the Right to Housing (Diritto all'abitazione) which is a constitutional right in Italy.

When Can a Landlord Evict a Tenant?

Legal Ground for Eviction

A landlord can only evict a tenant under specific conditions and must follow a formal legal process:

Contract Renewal and What Happens at the End of a Lease

When a contract is over, there are different scenarios.

If you receive a non-renewal notice, ensure it follows legal procedures. In case of disputes, seek assistance from tenant unions or legal professionals.

And anyway, if you are in need of a house and have no alternative at the moment, you will not receive an eviction notice right away but rather authorities usually give time for people in need to find alternatives, as regulated by the Italian law.

Illegal Eviction Tactics

In some cases, landlords may attempt to exploit their position or violate the rental agreement to force tenants out of the property. 

This can range from neglecting their legal obligations, such as failing to carry out necessary repairs, to exerting psychological or even physical pressure to compel tenants to leave against the terms of the lease. 

Common cases are:

In some cases, landlords may attempt to exploit their position or violate the rental agreement to force tenants out of the property

What to Do if you are victim of  Housing Bullying (Mobbing Immobiliare) to force you out of a rented flat

Recognizing the Signs

Be aware of undue or illegal behaviours of the landlords. They might implicitly be ways to force you out of the flat. Some common red flags are:

Stay safe: get any needed precaution

Make sure that you are not in danger in the house and outside the house. 

What to Do if the Landlord Tries to Force an Exit

Prepare your legal protection

Get Back Your Deposit also collaborates with our partners and partnering lawyers to help tenants in need. If we can help in any way:

Make sure that you are not in danger in the house and outside the house

If you are without a regular contract:
Tenant Rights in Case of undeclared rentals
(renting in black)

The Right to Housing Under Italian Law

Even if your rental agreement is not officially registered, you still have rights under Italian housing law and you get legal protection accordingly, as explained above in this article. 

The Right to Stay: A landlord cannot force you out without a legal eviction process, regardless of whether the contract is informal. 

We understand you might feel in danger and unprotected, so take all the precautions to feel safe inside and outside your house and try to discuss openly with the landlord an agreement that is convenient to both.

Residency Rights Without a Registered Contract

You can always register your residency. 

Italian law allows tenants to register residency even without a formal lease. If your landlord refuses to cooperate, you can self-declare your residence at the municipality. This is a key component to defend your rights as a resident in Italy.

Always keep copies of rent receipts, utility bills in your name, or any correspondence with the landlord as evidence of your tenancy. This might be useful in case a legal action is needed

What to Do if the Landlord Tries to Force an Exit

Even if you do not have a legal contract in place, do not leave voluntarily: Never accept an eviction attempt without a court order. 

You can still report the landlord to authorities: If they refuse to provide receipts, threaten you, or attempt an illegal eviction, report them to the Guardia di Finanza for tax evasion and tenant rights violations.

Emergency Assistance: Do not forget to contact local authorities immediately if you are locked out or harassed. You are still a citizen with full rights here.

What do you risk with authorities if you do not rent legally

Do not worry if you are renting in black. Even though it is illegal not to rent with a regular contract, it is just and administrative illicit, and your housing rights and safety are still the priority for the law. 

The only risk if you rent illegally and you declare it to authorities is a minor fee if they prove that you had convenience to rent in black. The fine is usually around 50/100 euros. But first and foremost, The Police is not interested in fining you if you rent illegally, but rather protect your safety and rights.

Get Back Your Deposit is a volunteering free project to help renters avoid rental scams. 

We support people that are at risk with their renting status. We help with:

Let us know if you need our support

Conclusion

By understanding these essential aspects of Italian rental law, you can better protect yourself and make informed decisions, whether you have a formal contract or an informal rental agreement. 

Defend yourself from illicit pressures from the landlord. Legal support is available, and knowing your rights is the first step toward securing stable housing in Italy.

We hope that this guide can be useful to you!