How does the eviction procedure for nonpayment of rent work?

An eviction for non-payment of rent is a legal mechanism that allows a property owner to vacate the premises. If a tenant fails to pay rent or additional expenses (such as utilities), the property owner can protect their rights by initiating an eviction for non-payment. This is done by drawing up an eviction notice, which must be prepared by an attorney. This document obliges the tenant to vacate the premises within a specified period and contains a summons to appear in court where the eviction will be confirmed.

How does eviction for non-payment work?

The eviction procedure for non-payment is regulated by Articles 658 et seq. of the Italian Civil Code. The legislation provides for a special procedure that allows the landlord, in the event of non-payment of rent, to obtain:

- early termination of the lease agreement;
- release and return of real estate;
- collection of rent arrears.

If a tenant fails to pay rent or utility bills, the landlord can take immediate action to protect their rights. It is important to act quickly to avoid accumulating a large debt that will make it difficult to collect funds. Missing one payment may be an accident or a temporary problem, but if non-payment reaches two months, this is a serious signal to the landlord.

Conditions for initiating eviction

To initiate the eviction procedure for non-payment, two conditions must be met:

1. Availability of a written and registered lease agreement.
2. The fact of non-payment of rent or additional expenses by the tenant.

Eviction is impossible unless the lease agreement has been drawn up in writing and registered with the tax authority. Verbal agreements or rent paid "under the table" do not give the right to eviction. In such cases, the owner will have to resort to another form of protection - a claim for the release of the premises from illegal occupation.

As for non-payment, there are differences depending on the type of lease:

- Residential rent: According to Article 5 of Law No. 392/78, non-payment of one month's rent or arrears in utility bills equivalent to at least two months' rent is sufficient.
- Non-residential leases (e.g. commercial): The "minor breach" criterion (Article 1455 of the Civil Code) applies. The judge assesses how serious the breach is. The same criteria are usually used as for residential leases.

An eviction for non-payment can be initiated if the tenant fails to pay rent or additional expenses (such as utilities) for at least 20 days. It cannot proceed before that time. For non-residential tenancies, a judge will determine how significant the violation is, especially if the non-payment is repeated.

Stages of the eviction procedure

The eviction procedure for non-payment is strictly regulated and requires the mandatory participation of a lawyer. The main steps are as follows:

1. Prepare and send the eviction notice: The owner prepares the eviction notice and simultaneously sends a summons to court through the bailiff to confirm the eviction. At least 20 days must pass between the notice and the court date, unless the owner requests a reduction in this period.
2. Court hearing: At the hearing the judge may:
- confirm eviction;
- provide the tenant with a deferment for repayment of the debt;
- transfer the case to a regular court process if the tenant objects to the eviction.

Changes brought about by the Cartabian reform

The Cartabia reform has changed the procedure for notification of eviction and its confirmation. It is now mandatory for the notice to be delivered to the tenant by a bailiff. The process of confirmation of eviction has been simplified: if the tenant does not appear in court, the judge can immediately confirm the eviction without the need to issue a writ of execution at the court office. The reform also encourages the use of certified electronic mail (PEC) to simplify the procedure and reduce the time frame.

What happens after you give notice to vacate

If the tenant does not vacate the premises voluntarily after receiving the notice, the landlord may initiate enforcement proceedings to force the eviction. This procedure includes the following steps:

1. The judge confirms the eviction and issues an enforcement order to vacate the premises.
2. The tenant is given a period (usually 10 days) to voluntarily vacate the premises.
3. If the tenant does not comply with the requirement, the bailiff notifies him of the eviction (the so-called eviction notice).
4. The bailiff sets a date by which the premises must be vacated.
5. If the tenant continues to occupy the premises, the bailiff requests police intervention to force the eviction.

Until the premises are vacated, the tenant is obliged to continue to pay rent and, if necessary, cover the owner's legal costs.