In areas with high populations, there is a possibility of signing the so-called negotiated rent contracts (contratti concordati). There are three types of contract under this category: 3+2 rent contracts; transitory contracts; and student contracts.
3+2 rent contracts
The 3+2 rent contract is different from the normal rent contract because it is valid for a shorter period. The normal rent contract is valid for four years and is renewable for four years (4+4).
The 3+2 contract is valid for at least three years and is renewable for two years.
The landlords have a tax relief of 30% on the Municipal housing tax (imposta comunale sugli immobili - ICI).
The tenant has the advantage of paying a lower rent and can also benefit from income tax reliefs if his/her income doesn’t exceed a given limit (about €31,000,00 per year) and if the rented apartment is his/her principal residence.
The landlord has a right to renounce the contract and take back the apartment for personal use, for use by family members, for refurnishing or for sale at any time by giving the tenant prior notice to vacate. This is done by sending the tenant a registered mail with return-receipt requested.
But if within 12 months the landlord doesn’t use the apartment for the declared reason, the tenant will have a right to get it back or to payment for damages equivalent to rent for 36 months.
However, after the normal date of expiry and the extension for two years, the landlord can give the tenant a six month notice to vacate the apartment. This is done by sending the tenant a registered mail with return-receipt requested.
Without giving such a notice, it is assumed that the contract is renewed under the same conditions.
The tenant can renounce the contract for justified reasons at any moment by giving the landlord at least a six month notice.
Transitory rent contracts
Transitory rent contracts can be valid for a period ranging from a month to eight months and must be linked to the temporary needs of either the landlord or tenant.
The temporary need must be indicated in the contract and a document proving it attached to the contract.
The contract can have a clause stating that at its expiry (for example 5 months), the tenant must vacate.
If there is no such a clause, and it is the landlord who has the temporary need, before the contract expires, he/she must give the tenant the notice to vacate. This is done by sending the tenant a registered mail with return-receipt requested.
If the temporary need is no longer there, then the contract becomes transformed into a normal “4+4” contract.
There is no tax relief applicable to Transitory rent contracts.
These contracts are reserved for university students living in a city council different from their city council of residence.
These contracts are valid for a period ranging from six months to three years (renewable at the first expiry date unless either the landlord or tenant renounces the contract).
The contracts can be signed by individual students, by a group of students or by Aziende per il diritto allo studio (Firms for Right to Education).
The rent is established by an agreement between trade unions, Universities and student associations.
If one has signed the rent contract online or agreed over the phone, he/she has a right to renounce the contract within ten working days by sending a registered mail with return-receipt requested.
The landlords have a tax relief of 30% on the registry tax and further tax relief at the time of submitting income tax returns.