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- Eviction is carried out through court proceedings, never by force.
- A tenant who does not pay and an expired lease are different cases.
- If you live abroad, you can act through a power of attorney to your counsel.
- Timing is uncertain: no one can promise when you will get your home back.
Two different cases
Eviction for non-payment arises when the tenant does not pay rent or expenses. Eviction for end of lease arises when the lease has expired and the tenant does not leave the home. For both there is a special procedure before the Court. Before acting, check that the lease is registered and that the notice of termination, where required, was sent on time and in the right form. For this check, turn to an attorney.
The warning letter and the summons
Before the lawsuit, a written warning letter, by registered mail or certified email (PEC), stating the amounts owed, is useful. Then the tenant is served with the document asking for eviction and summoning them to appear before the judge. To find out how and where the document is filed in Rome, see the website of the Ministry of Justice (giustizia.it) and the page of the Court of Rome.
Validation of the eviction
If the tenant does not appear or does not object, the judge validates the eviction and sets a date for release of the property. If the tenant objects, the proceedings continue in ordinary form and take longer. No one can promise you how long it will take to get your home back: it depends on the Court’s caseload and the tenant’s defenses.
If you live abroad
You do not have to return to Rome for every hearing. You can give a power of attorney to your counsel. If you sign it outside Italy, the required form depends on the country: ask the Italian Consulate or see the website of the Ministry of Foreign Affairs (esteri.it) before signing. Always provide an address in Italy and a PEC, because notices are sent there. Keep at hand a copy of the lease, proof of payments and your tax code.
Enforcement
After validation, if the tenant does not leave, enforcement for release of the property is needed, carried out by the court bailiff. There may be more than one visit. In some situations of hardship there may be suspensions or postponements. For the location and operation of the Rome office, see giustizia.it.
What not to do
Do not change the lock, do not cut off the utilities and do not throw out the tenant’s belongings. Taking the law into your own hands can be a crime. For notices and documents, always use writing.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
An owner living outside Italy rents a one-bedroom apartment in Monteverde. After four months the tenant stops paying and answers only with vague messages. The first step is to send a warning letter with the amounts and to gather the lease, the registration receipt and bank statements.
Frequently asked questions
Do I have to come to Rome for the hearing?
As a rule, no, if you have given a power of attorney to your counsel.
Can I enter the home if the tenant is away?
No. Without a court order and a bailiff you risk a criminal complaint.
Learn more: Legal guides from Studio Legale Fiorentino.
The firm sees clients by appointment in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari, and remotely throughout Italy.
Original in Italian: https://www.studiolegalefiorentino.net/roma-sfratto-inquilino-moroso-proprietario-estero/
Author: attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, not a substitute for advice on your case. For up-to-date details, consult the official websites mentioned in the text. It is not legal advice. The firm does not handle the law or taxes of other countries.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.