Tenant withdrawal for serious reasons: how to leave a rented home before the lease ends in Italy

You sign a four-year or three-year lease, then life changes. A new job in another city, a different family situation. This guide explains what the law says when a tenant wants to leave before the lease ends, in 4+4 and 3+2 contracts.

In short

• In 4+4 and 3+2 leases the tenant can withdraw at any time, if there are serious reasons (gravi motivi).
• Six months' notice is required, given to the landlord.
• The law, in the part quoted here, does not set a specific form for the notice. Writing, with proof of receipt, is the prudent choice.
• The transitional lease (contratto transitorio) is governed separately, by art. 5 of the same law: this guide does not cover its exit rules.

Can I leave before my lease ends?

Yes, if there are serious reasons and you give six months' notice. That is what Law 431/1998, art. 3(6) says.

The rule applies to the two long-term formats for residential lets. They are described in art. 2 of the same law:

• Open-market rent (canone libero), 4+4

  Minimum term: 4 years, renewable for another 4

• Regulated rent (canone concordato), 3+2

  Minimum term: 3 years, plus a 2-year extension

‘At any time’ (in qualsiasi momento) means you do not have to wait for an expiry date. You can withdraw even in the first year. The six months' notice still applies.

What counts as a ‘serious reason’?

The law uses the phrase ‘where serious reasons arise’ (qualora ricorrano gravi motivi). This guide does not give you a list, and that is deliberate. What falls within that wording depends on the actual circumstances.

It is a delicate point. A reason that seems serious to you may not look that way to the landlord.

So if you think you have a serious reason, it is worth having it assessed before you send the notice. Useful questions to put to a professional:

• Does my reason fall within the serious reasons provided for by law?
• How should I describe it in the notice to the landlord?
• Which documents should I keep to prove it?

How do I tell the landlord?

In writing, with proof of receipt. The law says withdrawal is exercised ‘by giving notice to the landlord’ (dando comunicazione al locatore), and the part quoted here does not require a specific form. In practice, though, there is only one prudent choice: a written notice, with proof that the landlord received it.

Two methods leave proof of delivery:

• Recorded-delivery letter with return receipt (raccomandata con avviso di ricevimento, A/R): according to Poste Italiane, the return receipt confirms delivery with a card showing the date and the recipient's signature.
• Certified email (PEC, posta elettronica certificata): it has the same legal value as a recorded-delivery letter with return receipt, as the Agency for Digital Italy (Agenzia per l'Italia Digitale) explains. A PEC can also be sent to an ordinary email address, but in that case the sender does not receive the delivery receipt: so the landlord needs a PEC mailbox too.

Why insist on writing? Because the notice period is six months. If a dispute ever arises over when it started, a phone call or a text message will not be enough to prove it.

In the letter it makes sense to state clearly:

• your details and the landlord's;
• the address of the property and the details of the lease;
• that you are withdrawing for serious reasons;
• what those reasons are;
• the date it was sent.

Keep a copy of the letter and the receipt. Exactly when the notice period starts counting is a detail this guide does not cover: ask before you send.

What happens to my deposit?

The security deposit (deposito cauzionale) has its own rules. They are set by Law 392/1978, art. 11:

• it cannot exceed three months' rent;
• it earns statutory interest (interessi legali);
• the interest must be paid to the tenant at the end of each year.

How withdrawal interacts with the return of the deposit is not something this guide covers. If you are about to leave, the sensible step is to ask the landlord in writing. When and how will it be returned? Has the accrued interest been paid every year?

What if I have a transitional lease?

Different rules apply. The transitional lease is governed separately, by art. 5 of Law 431/1998, and under the ministerial decree of 16 January 2017 it lasts at most eighteen months. The withdrawal rule described above concerns 4+4 and 3+2 leases: this guide does not cover the exit rules for transitional leases.

If you have a transitional lease, the first step is to read your contract carefully. Look for the clause on withdrawal or early exit. If there isn't one, or it is unclear, ask before making any decision.

For the differences between the formats, there is a comparison on the Contracts page. There is also a longer article: Transitional, regulated or open-market: which lease makes sense in your case.

What should I ask before signing?

The questions that tell you how you can get out. The best time to think about leaving is before you move in. With the contract in front of you, these questions help you avoid surprises:

• Which format is it? 4+4, 3+2 or transitional?
• Is there a clause on tenant withdrawal? What does it say, word for word?
• How much is the deposit? Is it within the three-month limit?
• How and when will the interest on the deposit be paid?
• To which address, PEC included, should a formal notice to the landlord be sent?

The last question looks like a detail. It isn't: if you ever need to withdraw, you will already know where to write.

For an idea of the upfront costs, there is the Move-in cost tool. To see what a contract looks like, you can use the contract generator.

What if I am the landlord?

The rule applies on your side too. In a 4+4 or a 3+2 the tenant can withdraw at any time for serious reasons, with six months' notice. It is a right granted by law, not a favour.

Six months is time to get organised. You can use it to look for the next tenant and plan any work. If you receive a notice of withdrawal and have doubts about the reasons given, it is worth getting advice before you reply.

If you want to hand over the choice of format, tenant selection, the contract and registration, you can see how we work on the Landlords page.

This article is for information only and is not advice on any specific case. For your own situation, you can write to TriesteAffitti through the website.