How does the process of eviction for unpaid rent function?
An eviction for not paying rent is a legal tool that permits a landlord to reclaim their property. If a tenant doesn't pay rent or other costs (like utilities), the landlord can secure their rights by starting an eviction due to non-payment. This involves creating an eviction notice, which must be drafted by a lawyer. This notice requires the tenant to leave the property within a certain timeframe and includes a summons to attend court where the eviction will be finalized.
How does the eviction for non-payment proceed?
The eviction process for non-payment is governed by Articles 658 and following of the Italian Civil Code. This legislation outlines a specific procedure that enables the landlord, in the case of unpaid rent, to achieve:
- Early termination of the lease contract;
- Eviction and return of the property;
- Recovery of overdue rent.
If a tenant does not pay the rent or utility bills, the landlord can act swiftly to defend their rights. Prompt action is vital to prevent accruing a large debt that complicates fund recovery. Missing a single payment might be an accident or temporary issue, but non-payment extending to two months is a significant warning to the landlord.
Conditions for initiating an eviction
To begin the eviction process for unpaid rent, two conditions must be satisfied:
1. Existence of a written and registered lease contract.
2. Proof of the tenant's non-payment of rent or other expenses.
Eviction is not possible without a written and registered lease agreement with the tax authority. Verbal agreements or under-the-table rent payments do not qualify for eviction. In such cases, the owner must seek another form of legal action, such as a claim for the premises' release from illegal occupation.
Regarding non-payment, it varies based on the lease type:
- Residential leases: As per Article 5 of Law No. 392/78, failing to pay one month's rent or utility bills equating to at least two months' rent suffices.
- Non-residential leases (e.g., commercial): The "minor breach" standard (Article 1455 of the Civil Code) is used. The judge evaluates the breach's severity. The same criteria often apply as for residential leases.
An eviction for non-payment can proceed if the tenant does not pay rent or other costs (like utilities) for at least 20 days. It cannot commence before this period. For non-residential leases, a judge will decide the seriousness of the breach, particularly if missed payments are recurrent.
Stages of the eviction procedure
The eviction process for unpaid rent is tightly regulated and requires a lawyer's involvement. The primary steps include:
1. Draft and send the eviction notice: The landlord prepares the eviction notice and sends a court summons through a bailiff to verify the eviction. At least 20 days must elapse between the notice and the court hearing, unless a reduction is requested.
2. Court hearing: At this hearing, the judge may:
- Confirm the eviction;
- Grant the tenant a grace period to pay the debt;
- Move the case to a regular court process if the tenant disputes the eviction.
Changes brought by the Cartabia reform
The Cartabia reform has modified the process for eviction notification and confirmation. It is now mandatory for a bailiff to deliver the notice to the tenant. The confirmation process of the eviction is simplified: if the tenant does not attend court, the judge can immediately confirm the eviction without needing to issue a writ of execution at the court office. The reform also promotes using certified electronic mail (PEC) to simplify and speed up the procedure.
What occurs after you issue a notice to vacate
If the tenant fails to leave the property voluntarily after receiving the notice, the landlord can start enforcement proceedings to force the eviction. This includes these steps:
1. The judge confirms the eviction and issues an enforcement order for vacating the premises.
2. The tenant gets a period (typically 10 days) to leave the property voluntarily.
3. If the tenant does not adhere, the bailiff serves an eviction notice.
4. The bailiff sets a deadline for vacating the property.
5. If the tenant still remains, the bailiff requests police assistance to enforce the eviction.
Until the property is vacated, the tenant must continue paying rent and potentially cover the landlord's legal fees.
