Rights and obligations of landlord and tenant

Rights and obligations of the landlord

According to the Italian Civil Code (codice civile), the landlord (locatore) is obliged to hand over the property to the tenant (locatario/conduttore) in good condition. If this is not the case, the tenant has the right to withdraw from the contract or to demand a rent reduction. Furthermore, the landlord must maintain the property in a condition suitable for the agreed use (he is responsible only for major repairs and maintenance – minor repairs must be borne directly by the tenant) and must guarantee undisturbed use. In return, the landlord is entitled to regular and timely payment (pagamento regolare) of the rent and the proper return of the property.

Rights and obligations of the tenant

The tenant, on the other hand, is obliged under the Italian Civil Code to take over the property, to treat it with care, and to pay the agreed rent (canone d’affitto) on time. The tenant is also liable for any loss or deterioration of the property. The tenant has the right to receive a defect-free (privo di difetti) apartment. If this is not the case, the tenant is entitled to a rent reduction (riduzione d’affitto) or may withdraw from the contract (recedere dal contratto). If maintenance work (lavori di manutenzione) on the property lasts longer than 20 days, the tenant has the right to a rent reduction for the entire duration of the works. If the renovation work renders the property partially or completely uninhabitable, the tenant may even terminate the lease entirely.