Italy rental laws: rules for subleasing, evictions, and liability

Italian rental laws establish specific frameworks for subleasing, evictions, and property maintenance. Subleasing is governed by Article 1594 of the Civil Code, requiring the original tenant to obtain owner authorization to lease all or part of a property to a third party.

In cases of non-payment, landlords may initiate eviction proceedings for delinquency. For commercial properties, landlords may be required to pay an indemnity for loss of goodwill (avviamento) if the lease is terminated by the owner, regardless of whether actual client loss is proven.

Regarding property upkeep, tenants assume legal custody of the premises upon receiving keys, requiring them to act with the “diligenza del buon padre di famiglia” (due diligence). This makes tenants responsible for damages resulting from daily use, while structural maintenance typically remains the owner's responsibility.