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 only for specific statutory reasons: personal commercial use, property renovation/demolition, change of intended use, or public service designation.

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 for commercial tenants
• Timelines tend to be faster due to recognized economic impact
• Goodwill indemnity must be paid before the tenant is required to vacate (18 months' rent for commercial, 21 for hospitality)

Law 80/2025 Impact

The Security Decree's fast-track provisions also apply to commercial properties, including formal 15-day demands and potential police intervention for illegal occupation.

Best Practices

for Landlords

1. Include express termination clauses for specific defaults
2. Act promptly on non-payment
3. Pre-calculate goodwill indemnity for financial planning
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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