Maintenance Obligations in Italian Rentals: Landlord vs. Tenant Responsibilities
Complete guide to maintenance obligations in Italian residential leases: ordinary vs. extraordinary repairs, habitability standards, condominium expenses, and handover procedures.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.
The proper allocation of maintenance obligations between landlord and tenant is one of the most frequently disputed aspects of Italian residential leases. The Civil Code establishes clear rules, but in practice, conflicts are common.
Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Italy for advice specific to your situation. Information last verified: March 2026.
The Fundamental Principle
The Italian Civil Code establishes a clear distinction:
- Extraordinary maintenance → the landlord's responsibility
- Ordinary maintenance (small repairs) → the tenant's responsibility
Landlord's Obligations (Art. 1575 CC)
The landlord must:
- Deliver the property in good repair — the property must be suitable for its intended use
- Maintain the property in a condition fit for use — throughout the lease
- Ensure peaceful enjoyment — protect the tenant from third-party legal disturbances
Extraordinary Maintenance
The landlord must handle all extraordinary repairs, including:
| Category | Examples |
|---|---|
| Structural elements | Foundations, load-bearing walls, pillars, beams |
| Roof and covering | Roof repair or replacement, structural gutters |
| Facade | Exterior plaster replacement, external painting |
| Main systems | Boiler replacement, rewiring, replumbing |
| External fixtures | Window and shutter replacement due to age |
| Stairs and elevator | Structural stair repairs, elevator overhauls |
Urgent Repairs
If an extraordinary repair is urgent, the landlord must act promptly. If the landlord fails to do so, the tenant may carry out the repair and seek reimbursement (Art. 1577 CC), request a rent reduction, or in serious cases, terminate the lease.
Tenant's Obligations (Art. 1609 CC)
The tenant is responsible for small repairs arising from normal wear and tear during the lease:
| Category | Examples |
|---|---|
| Walls and floors | Filling small holes, replacing tiles broken by tenant |
| Plumbing | Replacing washers, faucets, siphons; clearing drains |
| Electrical | Replacing lightbulbs, switches, damaged outlets |
| Locks and handles | Replacing worn locks and handles |
| Glass | Replacing broken windowpanes (if not caused by external events) |
| Cleaning | Regular cleaning of the property and appurtenances |
| Boiler | Annual ordinary maintenance (flue check, filter cleaning) |
Condominium Expenses
Landlord's Responsibility
- Extraordinary condominium expenses (facade renovation, roof replacement, system upgrades)
- Condominium reserve fund
- Property administrator fee (extraordinary portion)
Tenant's Responsibility
- Ordinary management expenses (stairway cleaning, common area lighting, garden maintenance)
- Concierge service (90% borne by the tenant)
- Elevator (ordinary maintenance and energy)
- Central heating (consumption and ordinary maintenance)
- Water (consumption and ordinary system maintenance)
Summary Allocation Table
| Repair | Landlord | Tenant |
|---|---|---|
| Boiler replacement | ✅ | |
| Annual boiler maintenance | ✅ | |
| Electrical system rewiring | ✅ | |
| Switch replacement | ✅ | |
| Roof replacement | ✅ | |
| Gutter cleaning | ✅ | |
| Exterior painting | ✅ | |
| Interior painting (at lease end) | ✅ (if agreed) | |
| Floor replacement | ✅ | |
| Replacing a broken tile | ✅ |
Property Handover
At the end of the lease, the tenant must return the property in the same condition as received, except for normal wear and tear (Art. 1590 CC). A detailed handover report with photographic documentation is strongly recommended.
Best Practices for Landlords
- Prepare a detailed handover report — with dated photos at move-in
- Specify expense allocation in the contract — especially for condominium charges
- Respond promptly to maintenance requests — delays may justify tenant withdrawal
- Keep all invoices — for tax and legal documentation
- Schedule preventive maintenance — reduces costs and emergencies
How Landager Helps
Landager manages maintenance requests, tracks completed repairs, archives invoices and estimates, and helps you distinguish between ordinary and extraordinary maintenance for proper cost allocation.
Sources & Official References
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