Italian
Contratto transitorio - a summary of the important clauses
Disclaimer: This content is for educational purposes only and does not constitute legal advice. For specific legal guidance, consult a qualified professional or legal expert familiar with Italian rental laws.
An Italian transitory rental contract (contratto di locazione transitorio) is a short-term lease agreement, usually between 1 and 18 months, regulated by Law No. 431/1998 and subsequent ministerial decrees. It is used when the landlord or tenant has a temporary need for the property. The most important clauses in this contract include:
1. Duration Clause - Durata del Contratto
Must specify the start and end dates, with a maximum duration of 18 months.
Cannot be renewed automatically. A new contract must be signed if the parties wish to continue.
2. Reason for Transitory Nature - Motivo della Transitorietà
Must clearly state the temporary need of the landlord or tenant (e.g., work transfer, study, medical treatment).
Supporting documentation may be required.
3. Rent Amount and Payment Terms - Importo dell’Affitto e Termini di Pagamento
The rent amount should follow local agreements (Accordi Territoriali) in regulated municipalities.
Payment terms (monthly, quarterly) and method (bank transfer, cash) must be specified.
4. Security Deposit - Deposito Cauzionale
Typically up to three months' rent.
Conditions for its refund must be defined (e.g., no damages).
5. Responsibilities for Maintenance and Repairs - Responsabilità per Manutenzione e Riparazioni
Clearly distinguishes between tenant’s obligations (small maintenance) and landlord’s obligations (structural repairs).
6. Termination Clause - Clausola di Recesso
Specifies conditions for early termination by either party (usually with a written notice of 3 months unless stated otherwise).
7. Return of the Property - Restituzione dell’Immobile
The tenant must return the property in the same condition, allowing for normal wear and tear.
8. Registration Requirement - Obbligo di Registrazione
The contract must be registered with the Agenzia delle Entrate within 30 days to be legally valid, except for leases under 30 days.
9. Express Eviction Clause (Clausola Risolutiva Espressa) - Clausola Risolutiva Espressa
Specifies automatic termination if the tenant fails to pay rent or breaches contract terms.
10. Applicable Law and Dispute Resolution - Legge Applicabile e Risoluzione delle Controversie
References Italian civil law (Art. 1571-1614 of the Italian Civil Code) and methods for resolving disputes (e.g., mediation, court action).
Each contract must follow the official templates provided by the Ministry of Infrastructure and Transport. If improperly drafted, it may be converted into a 4+4 long-term rental contract by law.
Disclaimer: This content is for educational purposes only and does not constitute legal advice. For specific legal guidance, consult a qualified professional or legal expert familiar with Italian rental laws.
