Fra Noi Embrace Your Inner Italian
It’s a common — and unfortunately frustrating — story for many who rent property in Italy. The lease ends, the keys are returned, everything seems in order … and then the landlord vanishes, or worse, claims you’re not getting your deposit back. No damages? No unpaid rent? Still no refund.
What can you do? And what does Italian law really say about security deposits?
Let’s break it down.
Under Italian law, the security deposit (deposito cauzionale) serves one purpose: to guarantee the landlord in case of unpaid rent or damage beyond ordinary wear and tear. According to Article 11 of Law no. 392/1978 (the “fair rent” law), it cannot exceed three months’ rent and must be returned at the end of the lease if the property is handed back in acceptable condition.
Yet many landlords are reluctant to give it back. They might claim there’s deterioration or simply stall indefinitely. So what are your rights?
First, some good news: Italian courts are increasingly siding with tenants in these cases — especially when the damage claimed by the landlord amounts to normal wear and tear (deterioramento d’uso), which does not justify withholding the deposit.
Recent decisions reaffirm that a landlord cannot claim wear that results from “normal and correct use of the property” as damage. This includes things like:
Scuffed walls
Faded paint
Minor scratches on the floor
General aging of fixtures
In other words, deterioration caused by time and ordinary use is not a valid reason to withhold a deposit. If your landlord claims otherwise, he or she bears the burden of proof — and must show clear evidence of actual, abnormal damage.
Even better: if you’ve returned the keys and vacated the apartment, Italian courts presume the lease is closed and that the landlord must return the deposit — unless there’s written proof to the contrary. That means: always deliver the keys formally, ideally with a short written note and a witness, or via registered mail or certified delivery (raccomandata A/R or PEC).
And what if the landlord still doesn’t pay?
Italian law requires one additional step before taking your case to court: you must first attempt a mediation procedure (mediazione obbligatoria). In lease-related disputes — including issues over the return of security deposits — mediation is mandatory under Legislative Decree no. 28/2010. That means you must file a request with a certified mediation body and invite the landlord to attend a session, before a neutral mediator.
If the landlord refuses to participate, or the mediation fails to produce an agreement, only then can you take the matter before a judge. In that case, the judge may award you not only the amount due, but also statutory interest and legal expenses.
And now a word of practical advice: if you’re about to sign a lease in Italy, especially for a second home or long-term stay, consider asking to provide a bank or insurance guarantee instead of a cash deposit. This is called a fideiussione bancaria or fideiussione assicurativa. It’s a financial guarantee issued in your name, which the landlord may call upon only under strict conditions, such as documented damage or nonpayment — making it a safer and more balanced option.
Many landlords prefer cash — it’s easier and faster. But if you can obtain a fideiussione, it protects your liquidity and avoids the risk of unjustified retention. The only downside? It may require a solid banking relationship or financial standing.
Bottom line: if your deposit isn’t returned at the end of your lease, you’re not powerless. Italian law is clear: ordinary wear and tear is not damage, and landlords are not entitled to keep your money without justification. Start by formally requesting the return of your deposit, and if needed, initiate a mediation. Often, the mere act of filing the mediation request is enough to get things moving.
And if you’re signing a lease soon? Negotiate well, document everything, return the keys formally — and if you can — opt for a fideiussione. A little foresight can save you a lot of headaches later.
Send your questions regarding Italian law to cbortolani@aliantlaw.com and I’ll be glad to answer them.
The content provided in this Q&A column is intended solely for general informational purposes and does not constitute legal advice. The information presented here is not tailored to any specific situation or transaction and should not be relied upon as a substitute for professional legal counsel. Legal issues can vary widely based on individual circumstances and jurisdictional nuances. Therefore, it is crucial to consult with a qualified legal professional regarding your specific case or concerns. Please be aware that no attorney-client relationship is established by accessing or interacting with the information provided in this column. The column’s author and publisher disclaim any liability for actions taken based on the information contained herein.
