Locazione (Lease)

A contract by which one party (locatore – landlord) grants the other (conduttore or inquilino – tenant) the enjoyment of a property for a fixed term in exchange for rent. Italian law distinguishes locazione (lease of things, including real property) from affitto (lease of productive assets, sometimes used interchangeably in practice). Residential leases are governed by Law 431/1998, which provides two main types: contratto libero of 4 years + 4 automatic renewal, and contratto concordato of 3+2 years with regulated rent . There are also short-term contratti transitori (1 to 18 months) and student leases. Commercial leases (shops, offices) usually are 6+6 years (Law 392/1978). A locazione contract must be in writing and registered with the Agenzia delle Entrate within 30 days. The tenant pays a security deposit and periodic rent; the landlord must ensure the property’s suitability and respect the tenant’s quiet enjoyment. Termination requires notice and legal grounds. Upon lease end, if not renewed, the tenant must return the property. If a new owner buys an occupied property, they take it subject to the existing locazione.

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