Residential lease agreement template for Italy

Landlord's details, hereinafter "the landlord", lets to Tenant's details, identified by Tenant's identity document, hereinafter "the tenant", who accepts for the tenant and the tenant's successors, the dwelling described below.

List each owner and co-tenant: name, place and date of birth, address and tax code. A company gives its registered office, VAT number and legal representative.

Dwelling located at Full address of the home, consisting of Description, recorded in the buildings cadastre as follows: Cadastral data, Furnished or unfurnished.

Registration needs the cadastral data of each unit let. If furnished, attach a signed furniture list.

The tenant declares that the tenant has received the information and documents, including the certificate, on the energy performance of the dwelling: Energy certificate details.

This clause is mandatory. Without it both parties face a fine.

The property is to be used exclusively as the home of the tenant and of the following persons living with the tenant: People who will live with the tenant.

Without the landlord's written consent, subletting or lending the property free of charge, in whole or in part, and assigning the lease are prohibited.

The lease runs for four years, from Start date to End of the first 4-year term. At the first expiry the lease renews for four more years, unless the landlord gives notice refusing renewal for one of the reasons set out in art. 3 of legge 431/1998, by registered letter with return receipt sent at least six months before expiry and stating, on pain of nullity, the reason on which the refusal is based.

The landlord's grounds include use by the landlord or close relatives, major works, and sale when the landlord owns no other home besides this one.

At the end of the second four-year term either party may start the procedure to renew on new terms or to end the lease, by registered letter sent to the other party at least six months before expiry. The party receiving the notice replies by registered letter within sixty days of receipt. If there is no reply or no agreement, the lease is deemed to have expired on the end date of the lease. If no notice is given, the lease renews automatically on the same terms.

Without a registered letter at least 6 months before expiry, the lease renews on the same terms.

The yearly rent is agreed at Yearly rent in euros, in figures euros (Yearly rent in words), payable in twelve monthly instalments in advance of Monthly instalment euros each, by day Day of the month by which rent is paid of each month, by bank transfer to the account Bank account for payment.

Pay by bank transfer. It proves each payment.

Payment of the rent and service charges may not be suspended or delayed because of any claim or objection by the tenant, whatever its grounds.

Optional

The rent is updated each year, at the landlord's written request, by Share of ISTAT change applied yearly per cent of the change, measured by ISTAT, in the national consumer price index for blue- and white-collar households over the previous year.

Keep this clause or the next one. Without an update clause the rent stays fixed. You may apply up to 100% of the ISTAT change. 75% is common.

Optional

The landlord declares that the landlord opts for the flat-tax regime (cedolare secca) under art. 3 of d.lgs. 14 March 2011, n. 23, and waives, for the whole duration of the option, the right to ask for any update of the rent, including the ISTAT index change.

Keep this clause or the previous one. The waiver here replaces a separate registered letter to the tenant. The landlord takes up the option when registering.

As security for the obligations undertaken, the tenant pays to the landlord, who acknowledges receipt by signing this lease, the sum of Deposit euros, equal to Deposit in months of rent months' rent, which may not be set against rent and which earns statutory interest, paid to the tenant at the end of each year of the lease.

The deposit may not exceed 3 months' rent.

The deposit is returned at the end of the lease, after checking the condition of the property and that every contractual obligation has been met.

Unless otherwise agreed, the tenant bears the costs of cleaning, the operation and ordinary maintenance of the lift, the supply of water, electricity, heating and air conditioning, the emptying of cesspits and drains, and the supply of other common services, and ninety per cent of the porter's costs, under art. 9 of legge 392/1978.

With each rent instalment the tenant pays an advance on the charges of Monthly advance on charges euros, subject to a yearly adjustment. The adjustment is paid within two months of the request. Before paying, the tenant is entitled to a detailed statement of the costs and of the allocation criteria and to inspect the supporting documents.

Failure to pay the rent within twenty days of the due date, or failure to pay service charges when the unpaid amount exceeds two months' rent, is a ground for termination of the lease under art. 5 of legge 392/1978, subject to art. 55 of the same law.

Art. 55 lets a court give the tenant time to pay the arrears in the eviction proceedings.

The landlord registers the lease within thirty days and gives documented notice of the registration, within the following sixty days, to the tenant and to the condominium administrator, under art. 13, paragraph 1, of legge 431/1998.

The registration tax is borne by the parties in equal shares. Stamp duty on the lease and on receipts is borne by the tenant. Registration tax and stamp duty on the lease are not due if the landlord has opted for the flat tax.

Optional

The tenant may withdraw from the lease at any time by giving notice to the landlord by registered letter with return receipt at least Tenant's notice without reasons months before the date on which the withdrawal is to take effect.

Keep it if the tenant may move for work or study. 6 months matches legge 392/1978, art. 4. The Agenzia delle Entrate guide says 2 or 3 months can be agreed.

In any case, where serious reasons exist, the tenant may withdraw from the lease at any time with six months' notice, under art. 3, paragraph 6, of legge 431/1998.

The tenant declares that the tenant has visited the property and found it fit for the agreed use, and takes possession of it on receiving the keys, becoming its custodian. The condition of the property is as stated in the handover report signed by the parties and attached to this lease, under art. 1590 of the Civil Code.

Do the handover report on the day the keys change hands. Photos dated and signed by both parties help.

When the lease ends the tenant returns the property in the condition in which the tenant received it, except for deterioration resulting from use in accordance with the lease.

The landlord bears the necessary repairs, except small maintenance repairs, which the tenant bears under arts. 1576 and 1609 of the Civil Code.

The tenant may not alter, improve or add to the premises or the installations without the landlord's prior written consent. If the property has its own heating system, the tenant arranges its periodic checks and maintenance for the duration of the lease.

The tenant allows the landlord and the landlord's agents to enter the property when they have a stated reason. In case of sale or, after notice of withdrawal, of a new letting, the tenant allows visits once a week, for at least two hours, excluding public holidays, at a time agreed in advance.

The tenant undertakes to comply with the condominium rules, a copy of which the tenant receives on signing this lease, and with the resolutions of the owners' meeting. The tenant votes, in place of the landlord, on resolutions about the costs and management of heating and air-conditioning services.

Optional

The landlord gives written notice of the letting of the property to the local public security authority within forty-eight hours of handover, under art. 7 of d.lgs. 25 July 1998, n. 286.

Keep it when any tenant or occupant is not an EU citizen.

Other terms: Other agreed terms.

Any change to this lease must be made in writing. For matters not covered, the parties refer to the Civil Code, to legge 392/1978 and legge 431/1998 and to local custom. For the purposes of the lease, the tenant elects domicile at the let property.

Read, approved and signed at Place of signature, on Date of signature. Signature of the landlord. Signature of the tenant.

Under arts. 1341 and 1342 of the Civil Code the parties specifically approve the clauses on duration, rent update, deposit, service charges, default, withdrawal, handover and return, repairs and alterations, and access. Signature of the landlord. Signature of the tenant.

This second signature makes onerous clauses in a standard form enforceable. Keep it when one party drafted the lease.