COVID-19 EMERGENCY: eviction for non-payment - the DL cures Italy and the suspension until 30.06

Eviction for arrears is a procedure that allows the landlord to obtain the release and return of the property by the tenant following default in the payment of the agreed rent. It is a special procedure, generally quicker than other procedures, which can be activated in the event of persistent failure to pay rent.

What are the prerequisites for being able to order an eviction?

The prerequisites for being able to notify an eviction for non-payment are:

1. existence of a regular rental contract for residential or commercial use;
2. failure to pay the rent: the measure is established - for properties with residential use from L n. 392/1978, in a monthly payment 20 days after the scheduled deadline, or - within the scheduled deadline - from the failure to pay the additional charges if the unpaid amount exceeds that of two months' rent. For leases for uses other than residential, such as commercial ones, the non-fulfilment criterion of "not of little importance" remains in force. The contract cannot be terminated if the non-fulfilment of one of the parties is of little importance, having regard to the interest of the other.

   How can eviction be avoided or postponed?

   The tenant can avoid or postpone eviction for non-payment by appearing in court, paying the payment of all the monthly payments due, or by asking the Judge for the so-called grace period (essentially an extension of the deadline to remedy the arrears).

   The grace period can be granted for a maximum of three times, and only in relation to eviction from residential properties.

   What is innocent arrears?

   If the tenant does not have the means to pay the rent, it is possible, in some cases, that the so-called innocent arrears.

   An innocent arrears means a situation of supervening impossibility to pay the rent upon the occurrence of certain events:

   1. loss of job following dismissal;
   2. company or trade union agreements with a significant reduction in working hours;
   3. ordinary or extraordinary layoffs which significantly limits the earning capacity;
   4. failure to renew fixed-term contracts or atypical work;
   5. terminations of freelance activities or regularly registered businesses, resulting from causes of force majeure or significant loss of goodwill;
   6. serious illness, injury or death of a member of the family unit which has led to a significant reduction in the overall income of the unit itself or the need to use a significant part of the income to cover significant medical and welfare expenses.

   What can the defaulting tenant do? innocent?

   The tenant who is in a state of innocent arrears can ask his Municipality to access state contributions, Fund for innocent arrears, (within the limits of concrete availability), provided that the applicant:

   1. has an ISEE income not exceeding 35,000.00 euros or an income deriving from regular work activity with an ISEE value not exceeding 26,000.00;
   2. is the recipient of an eviction notice for non-payment, with summons for validation;
   3. is the holder of a duly registered rental contract for a real estate unit for residential use, with the exclusion of valuable properties belonging to the cadastral categories A1, A8 and A9, i.e. stately homes, villas and castles and palaces of eminent artistic or historical merit and resides in the accommodation which is the subject of the procedure of release for at least one year;
   4. has Italian citizenship, or citizenship of a European Union country, or, in the case of non-EU citizens, possesses a regular residence permit.

   The presence within the family unit of at least one member who is over seventy, or a minor, or with an ascertained disability of at least 74%, or in the care of social services or the competent local health authorities for the implementation of an individual care project, constitutes a preferential criterion for granting the contribution.