Eviction (sfratto) in Italy: What is it and how does it work?

What is eviction?

The housing crisis is an increasingly urgent issue in Italy and affects migrants even more, as they often have fewer guarantees (employment, documentation, etc.) and less knowledge of the local system. Therefore, when renting a home, it can be stressful and complicated to be asked to leave.

The Italian law provides protections for landlords who want to reclaim their property. Eviction is an act through which the landlord asks the tenant to return the home. Eviction is a procedure that takes place in court; it occurs when a landlord asks a judge to make the occupants leave the property.

Eviction may happen when the landlord wants the property back because:

1. You have not paid the rent (eviction for non-payment)
2. The lease has expired and you have not left the home (eviction for lease termination).

You cannot be evicted without a judge’s permission: changing locks or cutting of utilities is  illegal. The competent judge, after verifying the requirements and conditions, will issue an eviction order and the eviction is said to be enforceable.

The eviction process

Eviction follows a specific procedure defined by Italian law. The duration of an eviction is not the same for everyone, but can range from a few short months to more than a year, and legal procedure can slow down this process. 

• Notice of eviction

Once the conditions for filing the eviction procedure are met, the landlord sends the tenant a document called an eviction notice, which states the reason for the eviction and the court hearing date. The first court hearing will be at least 20 days after the receipt of the eviction notice. 

• The judge hearing

During the hearing, the judge listens to the parties, reviews the documents, and decides whether to grant the eviction. In some cases, the judge may grant the tenant a period of time called a “grace period” which allows you to pay debts and vacate the property. If the tenant fails to go to the hearing, the judge directly validates the eviction, which becomes enforceable.

• Eviction order

An eviction order is a document issued by a judge confirming the tenant’s order to vacate the property by a specific date; the order terminates the rental agreement. Additionally, the judge can also issue an injunction (decreto ingiungitvo), which will serve as a means for the landlord to recover anything unpaid.

Attention! If the tenant remains in the property after the date set by the judge, the owner can request eviction. The eviction is carried out by a bailiff, who is a public official who enforces the judge’s decisions, and with the assistance of law enforcement agencies. The bailiff must notify the tenant in advance of the date on which he and the law enforcement agencies will proceed to clear the property of all possessions and people.

What happens if I receive an eviction notice and I have a family with minors or live with vulnerable people?

Receiving an eviction order when you have a family, especially one with minors or vulnerable people (for example, disabled people), is very difficult. But, Italian law does not prevent eviction, there are greater protections for children or vulnerable people in place though.

In these cases, the judge may grant the home a longer lease and give parents facing financial hardship more time to repay debts. In more serious cases, if another suitable home cannot be found, the municipal social services or a guardianship judge, a person who represents the interests of vulnerable individuals, must be involved. If the tenant fails to cooperate, the guardianship judge can remove the children or vulnerable individuals and place them in residential care. But there are many cases, when the situation is very difficult, where eviction with minors can be suspended. 

Important things to know

• If you find yourself evicted, ask for help to find a solution as soon as possible!  In some cities for example, there are emergency housing programs  for evicted families
• Eviction is not immediate and there is always a legal procedure first
• You always have the right to defend yourself and explain your situation before a judge.