An undeclared tenancy. What are the consequences?

The Court of Cassation, by judgment no. 25503 of 13 December 2016, addresses the problem of undeclared tenancies, underlining the consequences there may be for the tenant and the landlord.

A lease must be registered, otherwise it is void, even if the parties have drawn it up in writing. The nullity of the tenancy entails a series of serious consequences for the landlord (the owner of the home) who, first of all, will not be able to evict a tenant in arrears by the procedure for eviction for non-payment. A person who lets a property without declaring it therefore risks having to bring an ordinary action for unlawful occupation, which may take years, in addition to the time of forced execution for the physical clearance of the apartment in the event of resistance. By contrast, the procedure for eviction for non-payment is normally concluded in a few months.

Registration of the lease must be carried out by the landlord (the owner of the apartment) within 30 days of its signature. Within the following 60 days he or she must give documented notice of it to the tenant and to the condominium administrator in order to update the condominium register. If the lease is not registered there will be tax penalties and the civil penalty of nullity of the contract: the tenancy is treated as if it had never been signed. The principal consequence is that the rent is not due and the owner of the home will not be able to use the eviction procedure.