The free rental contract

“Contratto di locazione ad uso abitativo” or “4+4”

The “contratto di locazione ad uso abitativo” is also called the “free contract” (contratto libero), since with this type of rental agreement only the term is legally regulated, while the rent amount may be freely agreed upon by the parties. The duration (decorrenza) is 4+4 years. Any contract without a stated term, or with a shorter term, is by law always considered a 4+4 contract.

In any case, the tenant (locatario/conduttore) has the possibility to terminate the lease by respecting the notice period (termine di preavviso) stated in the contract and by citing “serious” reasons (gravi motivi). If no notice period is specified, the law provides for six months. Termination must be done by registered mail (raccomandata). If the landlord (locatore) does not accept the termination (disdetta), the matter goes to court, which is often the case in practice. 

To avoid this, you should insist on including a clause in the contract allowing termination at any time. This way, you are still bound to the agreed notice period but can terminate the lease without giving reasons.

The landlord, on the other hand, can only terminate the lease under very specific conditions, and only after the first four years, with a six-month notice period and explicit justification. The landlord must then use or make available the property for the reason stated in the notice within 12 months, otherwise the evicted tenant has the right to claim damages (risarcimento del danno) or to reinstate the contract under the original terms.

At the end of the full eight-year term, the lease can be terminated by either party without giving reasons. Notice must be given at least six months in advance by registered mail; otherwise, the contract is automatically renewed (tacito rinnovo) for another 4+4 years. The termination can be contested within 60 days of receiving the registered notice, otherwise it is considered accepted.

During the term of the lease, it may only be increased annually by the percentage set by the Italian Statistics Office (ISTAT). This must, however, be expressly stated in the contract. For free contracts, the index applies 100% as the basis for rent increases. Any other changes to the contract terms may only be agreed upon at the start of a new contract term (i.e. after eight years) and must be communicated by registered mail.