This article outlines the principal types of residential lease agreements currently available in Italy, highlighting their essential features (duration, rent, renewal rules, tax treatment, etc.), with tables and practical examples.

Its purpose is to give an overview of the options open both to property owners wishing to let their property in Italy, and to tenants seeking accommodation for personal, professional, work-related, or recreational reasons.

It also serves as an introduction to a series of further articles, each of which will examine in detail one of the lease types discussed below.

1. Main Types of Residential Lease Agreements
Type
Minimum/Maximum Duration
Rent
Renewal
Governing Law
Notes and Examples
Market-rate lease
4 years + 4 years
Freely agreed between the parties
Automatic renewal for 4 years
Law 431/1998, art. 2 and art. 1(4)
Standard form. Example: Mario lets an apartment to Lucia for €900/month under a 4+4 registered lease.
Rent-controlled lease
3 years + 2 years
Within limits set by local agreements
Automatic renewal for 2 years
Law 431/1998; Ministerial Decree 16.1.2017
Example: In Bologna, rent is fixed between €500–700/month. Marco lets to Sergio for €600/month under the local agreement.
Temporary lease
1–18 months
Freely agreed (with exceptions)
No automatic renewal
Law 431/1998, art. 5
For temporary needs. Example: worker transferred for 10 months.
Student lease
6–36 months
Within limits of local agreements
Renewal rules vary under agreements
Law 431/1998, art. 5; Ministerial Decree 16.1.2017
Example: Student in Padua rents for 12 months at €350/month under capped-rent scheme.
Unrestricted lease (e.g. holiday homes, luxury properties)
No limits
Freely agreed
No limits
Law 431/1998, art. 1(2)
Example: Villa let as a holiday home for 2 months at €5,000/month.
In summary, Italian law recognises five main categories of residential lease:

Market-rate leases: may be used for most properties. The parties are free to agree on rent and payment terms, subject to statutory rules on minimum duration and termination.
Rent-controlled leases: rent must fall within limits set by agreements negotiated between landlords’ and tenants’ associations at local level. Minimum duration is prescribed by law.
Temporary leases: intended to meet short-term needs of either landlord or tenant (e.g. owner planning to reoccupy, sell, or renovate; tenant on temporary assignment, receiving medical treatment, or waiting to move into another property). Duration must be between one and 18 months. Rent is generally free, but subject to restrictions in certain municipalities.
Student leases: available where the property is in a university town (or nearby municipality designated in the agreements). Rent must not exceed the local maximum. Duration is set by law between six and 36 months.
Unrestricted leases: permitted only for specific cases such as holiday homes, staff accommodation, garages or other ancillary premises, or luxury dwellings (including villas, historic residences, or listed properties).

2. Detailed Description of Each Type
2.1 Market-Rate Lease (4+4)
Duration: 4 years, automatically renewable for a further 4 years unless terminated.
Rent: Freely agreed.
Form: Must be in writing, otherwise void (absolute or relative nullity depending on the circumstances: art. 1(4) Law 431/1998; Corte di Cassazione, sez. Civ., 21 Luglio 2022, n. 22828.
Renewal and termination: Strictly regulated by statute to protect tenants.
Tax: Taxable income is the higher of (i) cadastral rental value + 5% or (ii) rent – 5% (art. 37(4 bis) Income Tax Code).
Example: Anna lets her flat to Paolo for €900/month on a 4-year lease, automatically renewable for a further 4 years unless notice is given.
This is the most common form of residential lease. The rent is freely negotiable, but the law prescribes a minimum four-year term, automatically renewable for another four years, and sets out mandatory renewal and termination rules to safeguard tenants.

It is governed primarily by Law 431/1998, supplemented by the Civil Code and, in certain respects, by provisions of Law 392/1978 (e.g. on subletting, pre-emption rights, and termination).

Leases must be in writing: oral leases are void. An unwritten lease is null for reasons of public policy, to prevent tax evasion, and this may be raised by either party or by the court of its own motion. The only exception is where the landlord has forced the tenant into an oral arrangement, in which case the lease is relatively void and only the tenant may rely on this (Corte di Cassazione, Sez.Un., 17 Settembre 2015, n. 18214).

2.2 Rent-Controlled Lease (3+2)
Duration: 3 years, with automatic 2-year renewal.
Rent: Must fall within limits set by local territorial agreements negotiated between representative associations.
Form: Written form is compulsory.
Tax benefits: Available to both landlord (IRPEF and IMU reductions; preferential flat-tax regime) and tenant.
Example: In a city with a territorial agreement, rents range from €500–700/month. Davide lets his flat for €600/month on a 3+2 lease, qualifying for tax relief.
Rent-controlled leases limit the parties’ freedom to set the rent, which must respect locally agreed bands. Although the regime offers tax incentives, these leases are relatively uncommon, particularly in cities such as Milan where agreed rents are far below market value.

The legal framework comprises:

relevant Civil Code provisions;
Law 431/1998;
Ministerial Decree of 16 January 2017, implementing the National Agreement of 25 October 2016;
local agreements between landlords’ and tenants’ associations.

2.3 Temporary Lease
Duration: 1–18 months, non-renewable.
Rent: Freely agreed, except in certain municipalities with special housing rules.
Purpose: To meet temporary needs of landlord or tenant (e.g. job transfer, renovation works, medical treatment).
Example: Giulia, temporarily relocated for work, enters into a 10-month lease at an agreed rent.
This lease type is strictly time-limited by law.

2.4 Student Lease
Duration: 6–36 months, as provided by local agreements.
Rent: May be agreed freely, but capped at maximum levels set locally.
Purpose: Accommodation for university or postgraduate students.
Form: Written contract required, using models provided by the agreements.
Example: Lorenzo, an off-campus student in Rome, takes a 12-month lease at €350/month, consistent with the local agreement.
Student leases are a subtype of temporary lease, tailored for those enrolled in higher education. They are governed by Law 431/1998 and by local agreements negotiated between landlords’ and tenants’ associations, which also provide model contracts.

2.5 Unrestricted Lease
Duration and rent: Entirely unrestricted, applicable only in specific cases (holiday homes, ancillary premises, staff accommodation, or luxury/heritage properties).
Example: A historic villa is let as a holiday home for 2 months at €5,000/month.
This lease type is exceptional: it applies only where the property is let for specific uses or where the dwelling is classified as luxury or subject to cultural heritage restrictions.

3. Summary Table

Contract Type
Duration
Rent
Tax Benefits
Practical Example
Free-market rent (4+4)
4 + 4 years
Freely negotiated
Ordinary regime only
Lease to a private tenant at €900/month for 4 years
Agreed rent (3+2)
3 + 2 years
Within minimum/maximum limits set by local agreements
Yes
Lease at €600/month under the relevant municipal agreement
Short-term (transitory)
1–18 months
Freely negotiated (subject to exceptions)
No
Lease of 10 months for work-related needs
University student housing
6–36 months
Freely negotiated within statutory limits
Yes
Lease of 12 months at €350/month to a non-resident student
Fully free-use (holiday homes/luxury properties)
Flexible
Freely negotiated
No
Villa leased for 2 months at €5,000/month

Conclusion and Application

The types of residential lease agreements currently available under Italian law are: free-market leases (4+4), agreed-rent leases (3+2), short-term/transitory leases (1–18 months), student leases (6–36 months), and fully free-use leases for specific purposes (holiday homes and luxury properties).

Each type is governed by its own regulatory framework with respect to duration, renewal, rent restrictions, applicable tax regime, and formal requirements. This allows landlords and tenants to select the contractual arrangement best suited to their circumstances.

In practice, the choice of lease should be tailored to the intended use of the property, the expected duration, the property’s location, and any available tax incentives.