Error in the rental contract: how to rectify or annul it

The process for rectifying mistakes in a lease agreement in Italy depends on whether the document has been registered with the Tax Service (Agenzia delle Entrate) or not.

1. Scenario with Unregistered Contract

In case the document hasn't been submitted to the tax office yet, correcting errors is straightforward:

If it's an electronic contract: simply make amendments on the computer, reprint, and sign it.

If it's a paper contract: cross out the mistake, write the correct details, and have both parties sign near the correction.

2. Scenario with Registered Contract

For documents already filed, three different situations may arise:

A. Significant Errors Requiring Additional Agreement

For crucial mistakes such as inaccuracies in rent amounts or tenant details, an official corrective agreement is necessary.

This agreement should include personal information of both parties, original registration data, and the corrected clause.

Deadlines and expenses:

The corrected agreement must be registered within 30 days with a fixed fee of 200 euros if terms remain unchanged.

Taxes: Stamp duty exemption for fixed tax agreements; otherwise, revenue stamps are needed.

B. Cadastral Data Errors

If errors are in property numbers during online submission, corrections can be made on the next RLI form registration without cost.

C. Tax Regime Selection Mistakes

Incorrect tax codes can be rectified by submitting a request along with necessary documents without any charges.

3. Contract Voiding Due to Severe Errors

Contracts can be annulled in court only for significant and evident errors influencing the agreement.

Errors must be substantial, affecting the decision to sign the contract, with examples provided to illustrate the criteria.

Mistakes must be recognizable by the other party for contract voiding to occur.

If errors were noticeable, the contract is annulled to protect the mistaken party; otherwise, it remains valid to safeguard the unsuspecting party.