Writing an end of tenancy letter for a property in Rome
The law allows a great deal of protection to tenants in Rome and Italy. This guide provides information about the types of tenancy, the registration process, and how either landlord or tenant would go about ending the contract.
There are 4 main types of tenancy contract in Italy. Depending on which one you enter into, will depend on the reasons and duration you expect to stay there. How you end each one, however, has similar guidelines and require valid reasons for termination. We’ll also talk about what might feature a tenancy resignation letter for Rome properties.
Types of tenancy in Rome, and Italy
There are 4 accepted types of contract for a lease in Rome. However, luxury apartments (di lusso), tourist apartments and public housing are all exempt from tenants requiring a free market contract.
1. Free market contract / the free lease / contratto a libero mercato
The typical market contract in Rome, and throughout Italy, has a minimum tenancy of 4 years with automatic renewal options for additional 4-year terms. At renewal, the rent can’t be increased by any more than 75% of the cost of living. Rent and conditions are negotiable by both parties before the contract is drawn up, with very little room for adjustment once the tenancy begins.
2. Convention contract / the agreed lease / contratto convenzionati
A convention contract is a shorter 3-year lease with the option to renew for a further 2 years. This contract generally has a lower rental rate, yet comes with additional tax breaks for the landlord. This contract also has an option for a 5-year term with no renewal option.
3. Transitory contracts
These contracts rarely have a renewal clause and run anywhere from 1 to 18 months. This type of contract is designed to provide a legal tenancy for students or workers who require temporary accommodation for the duration of a short-term work contract, study, placements, or similar.
4. Student contracts
Another exception to the more traditional lease options is the student lease. A student lease is valid for 6 months to 3 years, with an automatic renewal unless terminated by the tenant (the student).
Tenancy registration
All contracts must be in written format. Contracts should be completed in triplicate, with a copy of the contract registered with the local Registry Office. If a contract isn’t registered officially, it won’t be legally enforceable, therefore being of little use to either party in the event of a dispute.
Terminating a tenancy agreement
Terminating a lease contract must come in the form of a written and registered letter—or disdetta. The letter will need to provide 6 months notice and almost always with a valid reason. You may be able to find a sample letter giving notice to a tenant in Rome, or disdetta, from Italian property solicitors or their websites.
The landlord terminates the tenancy agreement for Rome
A landlord may only serve a disdetta on the completion of the first 4 years of a free market tenancy (3 years for convention contracts). This acts as either a house of apartment rental termination letter, in Rome.
How to give tenants a notice letter in Rome
If the landlord wishes to reclaim the property on the completion of the contract they must apply for it in writing 6 months in advance of the contract coming to its end.
Where the termination is required before the initial 4-year term has concluded, it must carry one of the following ‘valid’ reasons:
· To sell the property The landlord must have no other apartments or properties other than where they live. The first option for purchase must be offered to the tenant.
· For the landlord’s, or the landlord’s family’s, personal occupation This includes their children, children getting married, or housing an elderly parent or in-law.
· To renovate the property due to structural damage or to prepare for a sale
· If the tenant owns another apartment or property in the same municipal district
· To use the property for public, religious, or cultural reasons In this case, the landlord must offer the tenant another apartment.
· If the tenant hasn’t been living in the apartment/property permanently
However, if the tenant is removed and the property hasn’t been utilised for the given reason within a year, the landlord must reinstate the original contract with the tenant or pay the tenant 3-years’ rent as compensation.
The information you might find in a sample notice letter for a tenant to move out, in Rome, should include:
· Name and address of the landlord
· Name of the tenant
· The property address
· Dates of both the disdetta registered delivery and the tenancy termination
· Reasons for termination where required
The tenant terminates the tenancy agreement
The tenant may terminate the contract before completion with a valid reason, for example, moving to another country or city for work or serious family issues and problems. In this instance, the tenant must provide the registered disdetta letter at least 6 months in advance. If the disdetta is provided six months prior to the completion of the contract, then the tenant doesn’t need to provide a reason for leaving.
The information you would expect to find in any sample letter of termination of tenancy agreement by tenant should include:
· Name of the tenant
· The property address
· Name and address of the landlord
· Dates of both the disdetta delivery and the tenancy termination
· Reasons for termination where required
Eviction of a tenant by court order
Eviction for rent arrears of infringement of contract is a lengthy process in Italy and can take up to 2 years. Cases are often suspended for periods of 6 months, or 18 if the tenant is unemployed, older than 65-years-old, or has more than 5 children.
If you’re ever unsure, seek the correct professional guidance
There are many avenues you can pursue to ensure that you follow the correct legal protocol when ending a tenancy in Rome. An Italian solicitor will be able to guide you through the finer details of the process—including all action and legal correspondence (including any letter from landlord to tenant ending the tenancy in Rome). The legal system can be complicated and drawn-out in regard to Italian property, so unless you have the necessary experience, we would always advise seeking the correct legal repres