Eviction due to rent arrears: what is a grace period and how long does it last?

In case of eviction for non-payment of rent, Italian legislation includes a so-called "grace period" (termine di grazia), which enables tenants to settle the debt and avoid forced eviction. This provision is governed by Article 55 of Law No. 392/1978 and pertains exclusively to residential properties.

Should a tenant face financial challenges leading to rent payment delays, they can request an extension to settle the debt during the initial court session. If the judge deems the reasons legitimate, a period of up to 90 days is typically granted to fulfill the payment to the landlord.

Functioning of the grace period

The grace period is not automatically granted. The court evaluates the tenant's financial situation independently and determines if a postponement is warranted. Throughout this period, the eviction process is temporarily halted.

It's crucial to note that this option applies solely to residential leases. For commercial properties such as shops, offices, or warehouses, such allowances are not provided by law, and in case of delays, termination of the contract can occur promptly.

Procedure for requesting

To avail themselves of this opportunity, individuals must declare their intent during the initial court session of the eviction trial. This can be carried out by the tenant's legal representative or the tenant personally.

There is no specific official form required. Typically, the request is documented in the court's records or presented through a written statement from the defense counsel outlining the reasons for the late payment.

Payments to be settled

Merely paying the overdue rent is insufficient to halt the eviction proceedings. Complete payment is necessary for:

• all outstanding rent;
• utilities and additional charges;
• accrued interest;
• the landlord's legal expenses.

Only full settlement of the debt is considered a legal "reprieve" and enables the cessation of the eviction process.

Limitations and crucial regulations

By requesting a grace period, the tenant essentially admits to the debt's existence, thereby precluding the dispute of the debt concurrently. If the demands of the landlord are deemed unjustified, instead of seeking a deferment, objections to the eviction should be lodged.

Moreover, this provision can be utilized only a limited number of times - up to three instances within four years. Upon surpassing this threshold, the court cannot grant any further extensions.

Is extension of the deadline possible?

Extending the deadline is highly improbable. The court's set date is considered definitive.

Failure to make full payment of the debt promptly, even by a slight margin or a day's delay, empowers the landlord to continue with the forced eviction process.

Italian judicial authorities view this deadline as obligatory and conclusive. Following its expiration, the judge lacks the authority to provide additional time.

Consequences of missing the deadline

In the event of non-receipt of payment on time and in full, a subsequent hearing is conducted to verify the payment status. Absence of complete payment results in immediate approval of the eviction.

Possible repercussions include:

• no entitlement to further deferment;
• partial payment does not hinder eviction;
• the landlord holds the right to initiate forced evacuation through a bailiff.

Advice for landlords

Landlords should bear in mind that during the grace period, tenants remain obligated to fulfill rent obligations. Compliance results in the landlord receiving both rent payments and reimbursement for legal expenses. Failure to meet these obligations provides strong grounds for swift eviction enforcement.

Suggestions for Tenants

Request a grace period only if there is a practical chance of completely settling the debt within the specified timeframe. Consider not only rent payments but also interest and legal fees, which can be substantial.