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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;

Always request receipts if paying in cash.
Bank transfers are preferable as they provide a clear record.
Never withhold rent in disputes—it weakens your legal position.

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:

Non-Payment of Rent: The landlord must issue a formal warning and obtain a court order before eviction. Immediate forced eviction is illegal.
Landlord’s Need for the Property: The landlord may reclaim the property for personal use, sale, or renovations. However, they must provide at least six months’ notice and prove the claim.
End of Lease: If the contract expires and the landlord does not intend to renew, they must follow legal notification requirements. Even here, there are exceptions:

Contract Renewal and What Happens at the End of a Lease

When a contract is over, there are different scenarios.

Automatic Renewal: In many cases, rental contracts in Italy are automatically renewed unless the landlord provides valid notice.
Six-Month Notice Requirement: If the landlord does not intend to renew the contract, they must inform the tenant at least six months before the contract's expiration.
Right of First Refusal: In some cases, if the property is being sold, tenants may have the right to purchase it before other buyers.
Extension Rights for Certain Tenants: Elderly tenants or those in vulnerable situations may have additional protections under Italian law, making eviction more difficult.

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:

Not following the contract or Italian Rental Law:
- Failing to Maintain the Property - The landlord must ensure the property is habitable, including fixing structural issues, plumbing, heating, and electrical problems.
- Not Registering the Lease Agreement - Italian law requires rental contracts to be registered with the tax authorities to protect both parties.
- Refusing to Provide Rent Receipts - Landlords must issue receipts for rent payments, especially if paid in cash.
Delaying or Ignoring Necessary Repairs: The landlord is responsible for repairs not caused by tenant negligence, such as plumbing, heating, and major structural issues.
Unlawfully Entering the Property: The landlord cannot enter the rented property without prior notice and tenant consent, except in emergencies and always prior notifications and well justified. If the landlord shows up unannounced, you have the right not to let them in, as the rented flat is your own residence and they have no right to enter.If the landlord has copies of the keys and enters the property without your permission, this constitutes illegal trespassing under Article 614 of the Italian Penal Code. Unauthorized entry into a tenant’s home is a criminal offense, and tenants have the right to report such actions to the authorities.
Changing Locks or Removing Belongings: It might happen that they go beyond just entering illegally, and physically forces you outside of the flat without an eviction order. It is illegal for landlords to change locks, remove tenants’ belongings, or physically prevent access to the property without a court order. This can be considered even aggression, and we suggest to urgently report to authorities and call the Police if this ever happens to you.
Harassment or Intimidation: Much more often, landlords put psychological pressure to the tenants. They can harass, threaten, or pressure tenants into leaving the property. No matter to say that this is illegal and punished by Italian Penal Law.
Cutting Off Utilities: Intentionally disconnecting water, gas, heating or electricity to force a tenant out is illegal and can be reported to local authorities.

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:

Unannounced Visits or Threats: Landlords repeatedly showing up unannounced, making threats, or using intimidation tactics, or threatening not to renew the contract,
Neglecting Repairs: Ignoring maintenance requests for essential services (e.g., heating, plumbing, electricity) to create an unlivable environment,
Receiving psychological pressures to leave earlier: Often, landlords tend to 'create problems' to incentivize a tenant to leave.

Stay safe: get any needed precaution

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

If the landlord has a copy of the keys, you have the right to change the locks of the house or of your room
If the landlord does any illegal action, report it promptly to authorities. If the landlord can be dangerous, go to the Police right away. They can protect you.
Make friends, family and neighbors aware of your situation to have support in case of need.

What to Do if the Landlord Tries to Force an Exit

Do Not Leave Voluntarily: Never accept an eviction attempt without a court order.
Report the Landlord: 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: If you are locked out or harassed, contact local authorities immediately.

Prepare your legal protection

Document Everything: Keep records of all communications, payments, and any incidents of harassment.
Demand Repairs in Writing: If your landlord refuses to fix essential issues, send a written request via certified mail (Raccomandata A/R).
Involve Authorities: If the landlord engages in harassment or illegal actions as the ones described above, report the situation to the local housing office, tenant associations, or the police (Carabinieri or Polizia Municipale).
Seek Legal Help: Italian tenant unions (e.g., Sunia, Sicet, Uniat) might offer low-cost assistance.

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:

Understand what to do next to protect your rights
If needed, we can find a lawyer among our partners at a limited cost

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!

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Illicit Eviction and the Italian Rental Law

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

Your Housing Rights as a Tenant in Italy