The rules on leases are very clear: every rental agreement, whether for residential or commercial use, must be put in writing and registered with the Italian Revenue Agency (Agenzia delle Entrate) within 30 days of signing. Registration is mandatory except for tourist rentals not exceeding 30 days in total per year.

Failing to register is not just a tax violation: it has serious effects on the legal validity of the contract itself. Under current law, an unregistered lease contract is considered null and void, meaning it has no legal effect.

Tenant’s Rights

If the contract is null and void, the tenant can legally stop paying rent. The tenant also has the right to request the refund of amounts already paid, provided this is done within six months after leaving the property. This right is based on the principle of objective unjust enrichment: without a valid contract, payments already made are considered not owed and must be returned.

Additionally, the tenant is not obligated to respect any minimum period of stay. They can leave at any time, without notice or justification.

Consequences for the Landlord

With regards to the landlord, the situation is even more problematic. Without a registered contract, he cannot initiate fast procedures (like a judicial order for payment) if rent isn’t paid, nor can he request a standard eviction for unpaid rent. The only option available is to file an ordinary lawsuit for unauthorised occupation.

However, the landlord still has the right to receive compensation for the use of the property, even without a valid contract. This compensation is determined by the judge based on factors such as how long the property was occupied and its type, and is generally lower than the originally agreed rent.ccording to case law (including Italian Supreme Court ruling no. 36254/2021), in the case of a null lease contract, the indemnity that the landlord may claim for property use — whether residential or commercial — will still be less than the agreed rental amount.

In civil court, the landlord can ask for this compensation, which the Italian Constitutional Court has described as a fair indemnity (equo indennizzo) in decision no. 238/2017. The amount is set by the judge taking into account how long the property was used and its characteristics.

Possibility of Regularizing the Lease

The landlord can remedy the contract’s nullity by registering it even late. In this case, the nullity is cured with retroactive effect, but tax penalties must be paid. Once registered, the agreement becomes effective again, and the tenant must comply with its terms, including paying the rent as specified.