Commercial Eviction Process in Italy

Commercial evictions in Italy are primarily governed by Law No. 392/1978 (which came into force on 30 July 1978) and the Code of Civil Procedure (effective since 21 April 1942). These procedures have their own characteristics compared to residential evictions, particularly regarding goodwill indemnity obligations and landlord grounds for non-renewal.

Grounds for Eviction

Non-Payment Initiated

when the tenant fails to pay rent, condominium charges, or other contractual obligations.

Lease Expiry

• Limited Non-Renewal Grounds Landlords may refuse renewal at the first expiry (after 6 years, or 9 for hotels) only for specific statutory reasons: personal commercial use, property renovation/demolition, change of intended use, or public service designation. Notice of non-renewal must be sent 12 months in advance (18 months for hotels).

Breach of Contract

For unauthorized subletting, change of intended use, or unauthorized contract assignment.

Procedure

The validation procedure follows residential rules with main differences:

• No mandatory grace period: The "termine di grazia" (Art. 55 Law 392/1978) which allows residential tenants 90 days to pay arrears in court does NOT apply to commercial leases (Cass. No. 13248/2010).
• Timelines: The Cartabia Reform (D.Lgs. 149/2022) introduced digital filing and streamlined the "convalida" (validation) phase.
• Goodwill indemnity: Under Art. 34 of Law 392/1978, an indemnity of 18 months' rent (21 for hospitality) must be paid if the landlord terminates or denies renewal for reasons other than tenant breach. No indemnity is due if the lease is terminated for tenant default (non-payment), withdrawal, or bankruptcy.

Security Legislation and Commercial Property

The fast-track police intervention and criminal penalties for "arbitrary occupation" introduced by recent security legislation (such as Art. 634-bis CP) are restricted to residential properties ("domicilio"). Commercial evictions for arrears or lease expiry continue to follow the standard Civil Procedure Code (CPC) validation process rather than these specific fast-track provisions.

Best Practices

for Landlords

1. Include express termination clauses for specific defaults (Art. 1456 Civil Code).
2. Act promptly on non-payment by sending a formal "diffida ad adempiere" (Art. 1454 Civil Code) typically granting 15 days to remedy arrears.
3. Pre-calculate goodwill indemnity for financial planning if terminating for reasons other than tenant breach.
4. Document all breaches with written evidence.
5. Consider mediation as a faster alternative.

Eviction Timeline and Court Delays

In Italy, the eviction of a commercial tenant is often a lengthy process. While the law (Legge 392/78) provides a clear framework, the practical application is subject to the congestion of the local courts. Landlords must factor in that even after obtaining a validation of the eviction (convalida di sfratto), the actual recovery of the premises can take several visits from the bailiff.

Each visit (accesso) by the officiale giudiziario is an opportunity for the tenant to request more time. It is common for the first and second visits to be "on paper" with no actual lockout occurring. Only on the third or fourth visit, often with police assistance (assistenza della forza pubblica), is the property finally vacated. Landlords should maintain professional communication throughout this period to avoid claims of harassment.

How Landager Helps

Landager automates your eviction process tracking, manages registration deadlines with the Agenzia delle Entrate, and ensures your property is 100% compliant with Italian Law.

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