Affitto in Nero

Affitto in nero: How can you know if your rent contract is regular and registered?

In Italy, a valid rent contract must comply with strict legal requirements. It is a formal agreement between the lessor (landlord) and the lessee (tenant) and must be registered with the Agenzia delle Entrate (Italian Tax Agency) within 30 days of signing.

This is usually done by the landlord online, and an official registration receipt needs to be shared with the tenant(s). If you did not receive any receipts, you are most likely renting without a registered contract without even knowing it. This happens often as the landlord tries to avoid taxes on the rent.

If the contract is not registered or if there is no written agreement, the rental arrangement is usually called affitto in nero (irregular rent or undeclared rental). This situation is illegal under Italian law (Art. 13, Law 431/1998) and it implies some risks for both the landlord and the tenant.

An unregistered rental contract is considered null and void, meaning it has no legal standing. Under Art. 2033 of the Civil Code, payments made under a null agreement—such as rent or security deposits—are deemed undue payments, which can be reclaimed by the tenant.

Implications for the Tenant

• No obligation to pay rent: The tenant is no longer legally required to pay the landlord.

• Eviction protection: The landlord cannot evict the tenant through legal means.

• Right to restitution: The tenant can reclaim all rent payments, provided they have proof of payment (e.g., bank transfers or receipts).

In other words, tenants can recover the entirety of the rent they’ve paid under an undeclared or irregular agreement.

What are the risks of renting without a contract?

The tenant that pays a rent without a regular contract takes some risks as they cannot be protected by law. 

1. Lack of Legal Protections: Without a formal contract, tenants forfeit legal rights, such as protections against arbitrary eviction, rent hikes, or refusal of repairs. They also can hardly claim back the deposit if it is not returned after leaving the property

2. Eviction by Force: While illegal, landlords may attempt to evict tenants through intimidation or harassment, knowing the tenant has limited recourse

3. Difficulty Reclaiming Payments: Tenants who pay rent in cash or lack documentation may face challenges when trying to reclaim undue payments. They also can hardly claim back the deposit if it is not returned after leaving the property

At the same time, the landlord risks tax evasion charges and risks to be blackmailed by the tenant.

Common issues with the landlord while renting without a contract

Renting without a regular contract often leads to disputes between tenants and landlords. Common issues include:

1. Deposit fraud: After that the tenant leaves, it is very hard to prove that the landlord owes money such as the deposit to them. Landlords often take advantage of this by not returning the deposit in part or its totality, or simply disappears when they have a credit. This is why Get back your deposit takes care of these cases

2. Unlawful Rent Increases: Landlords may arbitrarily increase rent without notice, knowing the tenant has limited legal recourse

3. Refusal to Perform Repairs: Tenants often report landlords ignoring repair requests, citing the absence of a formal agreement. Illegally rented places usually lack maintenance

4. Harassment or Threats: Some landlords use intimidation to coerce tenants into paying or vacating the property

How to Defend Your Rights as a Tenant

If you are renting under an irregular or undeclared agreement, Italian law is on your side. The landlord’s failure to register the contract places them in violation of the law, giving tenants significant leverage to defend their rights.

Getbackyourdeposit.it suggests the following process to be able to defend yourself against abuses and get back what the landlord owes you. This process is what professionals go through, and has been used hundreds of time via our support platform. Getbackyourdeposit guides you through the process and gives you support in each of these points, discover more here!

1. Gather Evidence: Collect proof of payment (e.g., bank statements, receipts, text messages, or emails discussing rent). This is crucial for reclaiming undue payments.

2. Negotiate with the Landlord: Use the nullity of the contract to negotiate favorable terms, such as returning the due money or the creation of a proper registered agreement. Highlight the risks that the landlord will go through otherwise. Most of the cases end here, as the landlord acknoweldge the risks they face.

3. File a Formal report to authorities: If negotiations fail, report the landlord to the Agenzia delle Entrate for tax evasion. This can strengthen your claim for repayment of undue rent when suing the landlord.

4. Take Legal Action: As a last resort, initiate a civil lawsuit to reclaim all payments and protect your right to remain in the property. This is quite rare, and is anyway usually resolved via negotiation as soon as the lawsuit is filed.

Tip: In many cases, you can handle this process without hiring a lawyer, even if this would speed up the process.

Do you Face Risks When Reporting Irregular Rent?

Many tenants hesitate to report undeclared rent arrangements, fearing retaliation or legal consequences. However, Italian law offers strong protections for tenants in these cases:

• Confidentiality: Complaints to the Agenzia delle Entrate can often be filed anonymously or without exposing the tenant’s identity.

• Legal Immunity: Renters are not penalized for participating in an irregular rental arrangement since the responsibility to register the contract lies solely with the landlord.

• Retaliation: While retaliation by landlords is illegal, tenants should document any harassment or eviction attempts and, if necessary, involve local authorities.

What Happens If You Report the Landlord?

Reporting an undeclared rental agreement triggers a series of legal actions against the landlord. There are two separate processes:

• You can report to the authorities, meaning either the Police or the Guardia di Finanza (specialized in tax evasion matters). This will open a case against the landlord and - if tax evasion is found - he will need to pay fines and even get penal punishments against the Italian law

• You can then sue the landlord. This opens a civil law case between you and the landlord, and will let you defend your rights and obtain the reimbursements of the deposit and the paid rent.

Conclusion

Renting without a contract in Italy (affitto in nero) comes with significant legal and financial risks. Luckily, tenants are often in a position of strength, with the right to report the landlord to authorities for tax evasion and get back all the paid rent and deposit. 

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 the free platform to get guidance and a step-by-step personalized guide.