Insuring a rented home in Trieste: who pays for damage

Who pays for damage in the home you let is decided by the Civil Code, not by the policy. The tenant is liable for loss and deterioration of the home, fire included, unless they prove it is not down to them (article 1588); but if you had insured it against fire, towards you they are liable only for the difference between the damage and the insurance payout (article 1589).

Who pays for what under the Civil Code?

• Ruleart. 1590

  The home wears through normal use

  Who is liable: not the tenant: it is wear and tear

• Rulearts. 1576 and 1590

  A failure due to age (systems, windows, roof)

  Who is liable: you, with the necessary repairs

• Ruleart. 1609

  Small repairs from use

  Who is liable: the tenant

• Ruleart. 1588

  Damage or fire during the lease

  Who is liable: the tenant, unless they prove a cause not attributable to them

• Ruleart. 1588

  Damage done by a tenant's guest

  Who is liable: the tenant

• Ruleart. 2051

  Damage to third parties from a thing

  Who is liable: whoever has custody of it, save for an unforeseeable event

• Ruleart. 2053

  Parts of the building collapsing

  Who is liable: the owner, unless they prove it is not down to maintenance or construction

Two rules weigh more than the others. First: the landlord must hand over the home in good repair and keep it fit for the agreed use (article 1575). Second: if the home has defects at handover, you must compensate the tenant, unless you prove you were unaware of them through no fault of your own (article 1578). A home in order and a handover report with photos are your first insurance.

Fire: why your policy pays off for you too

Without a policy, if the kitchen burns the tenant owes you the whole damage, unless they show the fire is not down to them. The problem is collecting it: a person may not have the money.

With a fire policy taken out by you, the rule changes: towards you the tenant is liable only for the difference between the actual damage and the payout (article 1589). The insurer, however, after paying you takes your place against whoever is responsible, up to the amount paid (article 1916). That is why the tenant needs their own liability policy: it covers the insured for what they must pay a third party (article 1917).

Several tenants in the same building. If the house is occupied by several tenants, all of them are liable to the owner for the fire, each in proportion to the value of the part they occupy; anyone who proves the fire could not have started in their home is not liable (article 1611).

An example: a kitchen fire

Stated assumptions: damage to the home of €24,000; your fire policy pays €20,000 because of excesses and limits; the tenant cannot prove a cause not attributable to them.

1. Towards you: the tenant is liable for 24,000 − 20,000 = €4,000.
2. Towards the insurer: for the €20,000 it paid, the company can claim from the tenant.
3. If the tenant has liability cover: their insurer covers them within the policy limits, and you collect from an insurer rather than from a person.

Bora, period buildings, old pipes: the Trieste step

With the Bora two rules matter. For a flowerpot or a shutter that falls in the wind, whoever has custody of the thing is liable, save for an unforeseeable event (article 2051). For a cornice or roof tiles that come loose, the owner of the building is liable, unless they prove the collapse is not due to lack of maintenance or a construction defect (article 2053).

In period buildings pipes and systems matter too: necessary repairs, which are not minor maintenance from use, are yours (article 1576). The tenant must warn you of failures that are not theirs to fix; urgent repairs they can carry out themselves, warning you at the same time, and ask you for a refund (article 1577).

The territorial agreement. The Trieste agreement of 15/12/2025, in article 12, lists among correct practices: giving the tenant information on the home's insurance cover, saying whether and how far it protects them too, and pointing out when it is worth extending the cover to the risks of occupying the home.

Policies, tax relief, grants

• Natural disasters. The premium of a policy against natural-disaster risk on a residential home gives an IRPEF tax credit of 19% (article 15, paragraph 1, letter f-bis of the income tax code, TUIR; the rate is set by article 49 of legislative decree 446/1997), in full up to €120,000 of total income and tapering to zero at €240,000; for contracts signed from 1 January 2025, above €75,000 of income the overall cap on tax credits also applies. On a premium of €180 a year that is €34.20; from 2027 the rule moves to article 14 of the consolidated act of legislative decree 117/2026. For your case, ask your accountant.
• Condominium. Who pays the building's insurance between you and the tenant is written in the lease: we explain it in the guide on who pays the costs in a lease.
• FVG grant for an empty home. Among the requirements is a policy against damage to the home for the whole lease: details in the guide on grants for empty homes.