The inalienable right to housing is a basic human right and needs to be protected properly. A State must guarantee the right to housing to most citizens, helping the weakest categories of society and those most in need (Art. 47 of the Italian Constitution).
THE LANDLORD (LOCATORE)
Firstly, it is necessary to make some distinctions amongst foreign nationals:
1) EU nationals: they are part of the European Union – Austria (1995), Belgium (1952), Bulgaria (2007), Cyprus (2004), Czech Republic (2004), Denmark (1973), Estonia (2004), Finland (1995), France (1952), Germany (1952), Greece (1981), Hungary (2004), Ireland (1973), Italy (1952), Latvia (2004), Lithuania (2004), Luxemburg (1952), Malta (2004), Netherlands (1952), Poland (2004), Portugal (1986), Romania (2007), Slovakia (2004), Slovenia (2004), Spain (1986), Sweden (1995), United Kingdom (1973),
Citizens of Switzerland, Norway, Iceland, Lichtenstein and the Republic of San Marino are considered equal to EU nationals.
People from these countries are free to move across Italy with only a passport or an ID card valid for international travel.
Should one wish to rent their property to a citizen of the European Union, they will only have to request a valid identity document and fill in and register a tenancy agreement, or cessione di fabbricato (a legal requirement for those providing accommodation for a minimum length of 30 days).
Types of agreement: These are listed in Law 431/98: 4+4, short term agreements from 1 to 18 months, short term for students, agreements at a special rate, 3+2 and agreements as in Law 392/78 i.e. commercial leases 6+6 or 9+9.
When to register an agreement: A tenancy agreement must be registered within 30 days of the signing date and the date of effect of the agreement.
Where to register an agreement: A local Revenue Office.
When to complete a cessione di fabbricato: Within 48 hours of a tenant moving into the property.
Where to complete a cessione di fabbricato: At the Police station of the city in which the property is located (not reporting a cessione di fabbricato, or reporting it late, will result in the issue of a fine).
During registration, a landlord who selects the cedolare secca (a fixed rate tax) fiscal regime will not be able to separately communicate a cessione di fabbricato (Art. 3 paragraph 3 Legislative Decree 23/2011).
2) Non-EU nationals: Those who do not have citizenship in one of the aforementioned countries (see point 1).
If one rents a property to non-EU nationals they will have to be provided with a valid identity document plus a valid and unexpired document stating they can freely reside in Italy (residence permit).
The law is severe in this respect. Landlords not complying with the aforementioned procedures will be liable to be jailed from 6 months to 3 years, and in some cases their properties will be seized (Legislative Decree 25/07/’98 n. 286 Art. 12 paragraph 5bis).
The other agreement procedures for EU nationals listed in point 1 also apply to non EU nationals.
THE TENANT (CONDUTTORE)
In order to rent a property:
- Non –EU nationals: Must be in possession of a valid passport and residence permit clearly stating the expiry date;
- EU nationals and Italian citizens: Must be in possession of, and provide, a codice fiscale (tax identification code);
- For everyone: Must be in possession of a valid identity document.
The landlord and the tenant will share expenses for the marche da bollo (revenue stamps costing 14.62 Euros each, to be applied after every 4 written pages or every 100 lines on the original documents and the relevant copies) and the imposta di registro (registration tax). The registration tax equals 2% of the annual rent (E.g. If the annual rent is 8,400 Euros – i.e. 700 Euros per month for 12 months – the registration tax will be 168 Euros, which is 84 x 2%).
DOCUMENTS TO HAND IN (landlord)
- At least 2 original copies of the tenancy agreement, signed and complete with marche da bollo (the date on the documents will have to be prior to the signing date);
- Form f23, paid;
- Form 69 (stating the personal details of the landlord, tenant and the calastra data (dati catastali) of the property.