What happens if you don't pay rent Italy? One of the worst nightmares for anyone renting a property, whether for residential or commercial use, is a tenant in arrears who does not pay the rent on time. The landlord, in these cases, can assert their rights by turning to a civil lawyer who will try to mediate between the parties to reach an agreement. If an agreement cannot be reached, the lawyer can proceed with an eviction notice that will only be valid if approved by a judge. Let's have a closer look at the issue of non-payment of rent in Italy, what to do to resolve the problem and what solutions to adopt depending on the situation in which you find yourself. This is what to do when your tenant does not pay the rent in Italy.
The first thing you need to do to assert your rights against a tenant in arrears is to know when you can do so. Referring to Law No. 392 of 1978, i.e. the legislation governing arrears, a tenant is considered to be in arrears when they fail to pay the rent to the landlord within 20 days of the due date stipulated in the contract. If, for example, it has been agreed by the parties that payment must be made by the 5th day of each month, if on the 25th day the landlord has still not received payment, then we're talking about a rent default situation.
When a landlord of a property in Italy finds themselves in this situation, they can start taking action to enforce their rights. However, it should be specified that a landlord cannot take matters into their own hands completely, e.g. by replacing the lock on the door to prevent the tenant from entering the house or by disconnecting the house's utilities. By acting in this way, in fact, the landlord commits an offence and can be accused of arbitrary exercise of his own reasons. So what to do in the case of a tenant in arrears? It is possible to take action yourself by seeking dialogue with the tenant and inviting him to fulfil his obligations by means of a registered letter of formal notice (which can be drafted with the help of a lawyer) or by proceeding with an eviction notice for default.
It is possible to avoid being in this situation by consulting the list of defaulting tenants before concluding the lease or by including a clause in the agreement that allows the tenant to be added to the list of defaulting tenants if necessary. In this way, the defaulting tenant is discouraged from signing the lease.
To protect one's rights against tenants in arrears, before taking legal action, it is advisable to take the path of dialogue, trying to meet the needs of those who do not pay as far as possible, if this can help to avoid a definitive default. The first thing to do is to send a cease-and-desist letter with a request for payment to the tenant in arrears, to be drafted independently or with the help of a lawyer.
This is a registered letter with acknowledgement of receipt in which the tenant is ordered to pay the outstanding rent within a specified period. In the letter of formal notice for the tenant in arrears, it is necessary to specify that if the tenant fails to pay the rent by the deadline specified in the registered letter, the contract will be considered terminated and an eviction notice will be issued for rent arrears, with the assistance of a civil lawyer.
If the landlord of the property is unable to resolve the situation amicably, despite reminding the defaulting tenant by sending a letter of formal notice, the solution is to contact a lawyer to initiate eviction proceedings, a special procedure governed by Article 685(1) of the Code of Civil Procedure that allows the landlord to obtain the release of the rented property in Italy.
For the sending of the registered letter, the assistance of a lawyer is optional, whereas for eviction proceedings before the competent court, the advice of a lawyer is necessary in Italy. Is the desire to evict the defaulting tenant quickly in order to regain possession of the dwelling? Much depends on the time frame in which one acts. The advice is to contact a lawyer as soon as possible.
The lawyer serves the defaulting tenant with a summons to validate an eviction for rent arrears. This is a special legal act to protect the property owner. Inside the document is indicated the date of the first court hearing before the judge, at which the tenant can appear and propose any oppositions.
During the hearing, the judge ascertains the tenant's delinquency status and, if successful, issues the eviction order. The order specifies the date by which the tenant must permanently leave the property. If the deadline for evicting the tenant in arrears is not met because the tenant refuses to leave the house, the landlord of the property may request the intervention of a bailiff to make the tenant leave the house.
At the first hearing, the tenant may appear in court and settle their debt, resulting in termination of the proceedings. Alternatively, they can ask the judge for additional time, not exceeding 90 days, to settle the payment (the so-called 'guarantee term'). They may also file an objection stating that the preconditions for eviction do not exist: in this case, the proceedings become ordinary proceedings. If, on the other hand, the tenant fails to appear at the hearing, after the appropriate checks have been carried out, the judge may issue the validation order and determine the time limit for evicting the defaulting tenant.
When the judge issues an order to evict a tenant in arrears, he also issues a payment injunction against the tenant to enable the property owner to recover what he is owed. In the event of default, it is possible to proceed with the attachment of the tenant's assets.
What to do if the tenant in arrears is non-performing? The way to proceed is by attachment against third parties. The landlord may apply to the court for authorisation to access the tax registry of the Internal Revenue Service in order to find out what the tenant's assets are in arrears and to proceed with the attachment of the tenant's salary, pension or current account.
Even if the tenant in arrears has minor dependent children, it is possible to initiate eviction proceedings against them. Of course, however, the procedure is more complicated and time-consuming because social workers, who are in charge of the children's interests, have to be involved. Moreover, in this case, the tenant is entitled to a longer 'guarantee time': four months from the date of the first hearing and not 90 days.
What to do in the case of a tenant in arrears? Here is some additional information you might find useful.
To get rid of a non-paying tenant and take possession of your property, you need to contact a lawyer to initiate eviction proceedings.
In the case of a residential tenancy, it is possible to request the eviction of a tenant in arrears twenty days after the rent payment deadline specified in the contract. In the case of commercial leases, on the other hand, the eviction time frame is defined by the judge after appropriate verification.
The first step is to send a letter of formal notice ordering the tenant to pay the outstanding rent within a specified period. In case of default, a lawyer must be contacted to initiate eviction proceedings.
When the judge issues the eviction order, they also issue a payment injunction against the defaulting tenant. In the event of default, it is possible to act by seizing the tenant's assets.