The landlord is obliged to register the renting contract with the Agenzia delle Entrate within 30 days. If this is not done, a tax offence is committed (art. 13 L. 431/2008).

If the contract is not properly registered, or there is no written contract, the agreement is considered null and void before the law. This means that all the sums paid, both the eventual security deposit and the monthly rent payments, are undue. 

• This has the following implications for the tenant:

• The tenant is no longer required to make any payments to the homeowner

• The tenant cannot be evicted.

In addition, according to the Civil Code (Art. 2033), which governs undue payments, the tenant is entitled to restitution of undue payments - provided there is proof of it. As you see, the tenant is strongly incentivised to report to the authorities.

The homeowner is in fault to the Italian State and to the tenant himself, and this puts the tenant in a position of strength, which can potentially proceed not only with the complaint for tax evasion but also with the request for restitution of the unduly paid rents.

We recommend, first of all, using this position to dialogue with the homeowner and reach an agreement. Then, if the reasons are not heard, proceed by formal means.

Don't worry, you don't need any legal training or lawyers. With our support, you can proceed independently and safely.

Although the tenant is also at fault before the tax office (Agenzia delle Entrate), since he has taken part in an unlawful rent, on a practical level the risks are minimal, because he is considered as a weaker subject.

First of all, a tenant of an undeclared rent has not committed any criminal offence. 

The tenant is jointly and severally liable for tax evasion for failure to register the contract. What this means. That the tenant can be held responsible for 50% of the evasion of the registration tax, that is, for an amount ranging from 30€ to 90€.

As you can see, it is a very small amount. Furthermore, at the time of the tax audit following the complaint, these responsibilities are reduced and lapse if the following criteria are met:

• The person who filed the complaint is the tenant himself: the State rewards those who bring to light these offenses

• The tenant did not derive any other tax advantages from not having a regular contract

• There is no evidence of any other money or favorable relationship between the tenant and the homeowner (e.g. money laundering).

As you can see, in most cases these conditions are easily demonstrated and the tenant's position is fully defensible.

Be sure to keep this in mind and don't be scared off! In fact, the landlord will use the risks that you can take with a complaint to scare you into retracing your steps.

Most cases are resolved within 30 days of the start of this process, as the owner usually comes to his senses before a formal step, which would see him totally guilty and at risk of being charged with the accusation of tax offence.

If, on the other hand, you actually file a report to the authorities, the preparation and actual filing will take you a few hours, and the bureaucratic process takes a few months, but:

• There is no need for an attorney, unless you feel the need to be followed.

• You don't need to be present: the whole process takes place even if you are abroad!

• We will help you to keep the right timing and in collecting the necessary documents.

A simple answer: YES

For two reasons:

• Because it is fair: You are witnessing an abuse of power and a legal wrongdoing, and even if they are small amounts, not only is it right to enforce your position, but it is necessary to prevent it from happening again in the future to others, making homeowners profit illegally. This is the founding principle for which Giustiziapertutti.eu exists.

• Because it is convenient: Thanks to our technical support and our templates, the time required by you to prepare everything ranges from 3 to 16 hours. Considering the average amount of a deposit of 800€, this means that your effort will be repaid with a value of 50-250€ per hour! Few jobs can offer a comparable income

Thanks to getbackyourdeposit.it, it is simple! Once we have the documentation, we can take care of everything, and we can anticipate the costs and take care of finding a lawyer in case of need.

At the moment, our services for undeclared rent cases are:

• Providing clear and actionable information: Timely information and practical advice to be able to protect your rights, without complicating them unnecessarily or speaking in legalese

• Preparing personalized messages and letters: We prepare documentation adapted to your case that you can use to communicate with your homeowner

• We take care of the bureaucracy: We provide a service of sending letters and registered mail, as well as delivery of complaints, so that your effort should be minimal.

• Network of attorneys: When a lawyer is needed, we have a network of collaborators used to working with us, who can take charge of your case and carry it out immediately and quickly by accessing the information and documents in our database

• Documentation and time management: You can use our service to receive notifications in the recommended time frame to proceed to the next steps, and collect all the necessary documentation

• We can bear the costs for you: If you are in need and your case falls within the standard cases, we will cover any legal fees in case of failure.