Locazione Commerciale (Commercial Lease)

 A lease for non-residential properties – such as shops, restaurants, offices, or warehouses. These are mainly governed by Law 392/1978. The standard duration is 6 years + 6 years (for retail/office uses) or 9+9 years for hotels/theaters. The tenant (conducting a business) has the right to renewal after the first term; if the landlord refuses renewal without just cause (like wanting to use the premises themselves for certain activities), the landlord must pay an indennità di avviamento (goodwill indemnity) equal to 18 months’ rent (or 21 months for hotels/food businesses). Commercial leases often allow ISTAT index rent increases annually. The tenant can terminate early with 6 months’ notice for serious reasons. Also, commercial tenants usually have a prelazione (pre-emption right) to re-lease the space if the landlord intends to re-rent or to buy the space if the owner sells it, provided the tenant has certain qualifications and the lease is properly registered. Because of these protections, buying a tenanted commercial property means you inherit the tenant’s rights, and evicting them for own use or redevelopment can be challenging unless contractually negotiated.