TIPS FOR DRAFTING A RENTAL CONTRACT

If you plan to manage the process independently, here are some key steps to consider when drafting and registering a contract:

1. CHOOSE THE RIGHT TYPE OF CONTRACT
   It’s important to assess the needs of both landlord and tenant, as well as any available tax benefits and the most suitable tax regime. For this step, it’s advisable to consult a tax advisor or a CAF office.

If you opt for an agreed rent contract, keep in mind that it must follow the local Territorial Agreement signed between landlord and tenant associations. You can download the Territorial Agreement for the Municipality of Bologna here Agreed rent contracts | Municipality of Bologna

Once you’ve identified the contract that best suits your needs, here are the key steps to properly draft a rental agreement:

1. Make sure the rent has been correctly calculated, especially in the case of agreed rent contracts.
2. Prepare the required documentation:
   • Safety compliance certificates for the property systems;
   • Energy Performance Certificate (APE);
   • Passport and residence permit (for non-EU students);
3. Complete the selected contract template,(from among those provided for in current legislation 431/98).
   Before signing, it’s strongly recommended that both parties fully understand all the terms and conditions of the contract.
4. Finally, register the contract with the Agenzia delle Entrate.

Once the contract has been selected, completed, and signed by both parties (in two original copies), it must be registered within 30 days from the signing date or from the start date of the contract.
If you are using the standard tax regime (not the flat tax / cedolare secca), registration also involves paying the relevant taxes.

By law, both landlord and tenant are responsible for registering the contract and paying the registration tax.
In practice, the landlord usually takes care of the registration process.
The registration tax is shared between both parties, as they are jointly responsible. However, it is common for the cost to be split equally between landlord and tenant.
This means that if the landlord initially pays the full amount, they can later request reimbursement from the tenant for their share, according to the terms agreed in the contract.

In practice,

As a private individual, it is possible to register the contract electronically or by visiting the nearest office of the Agenzia delle Entrate. You will need to provide the following documents:

1. two original signed copies of the contract;
2. a copy of a valid ID of the landlord;
3. the RLI form;
4. the F24 Elide form, confirming payment of the registration tax (if under the standard tax regime);
5. electronic stamp duty receipts (formerly revenue stamps), confirming payment of stamp duty (if under the standard tax regime).

In addition to the security deposit, landlords can require other types of guarantees to reduce the risk of non-payment by the tenant.
The level of guarantee usually depends on the level of risk. In the case of students, this risk is often linked to the duration of the contract.
For example, for a short-term contract (e.g. 6 months), it may not be necessary to require a bank guarantee—which can be costly for the student. In many cases, asking for a two-month deposit is considered sufficient.

Other common forms of guarantees include:

1. Joint tenancy agreement
   The contract is signed by all tenants living in the apartment, meaning they are jointly responsible for fulfilling all contractual obligations.
2. Third-party guarantee
   A clause in the contract (or a separate agreement) where a third party—often a parent—guarantees the tenant’s financial reliability.
3. Bank or insurance guarantee
   A formal guarantee provided by the tenant through a bank or insurance policy, either included in the contract or issued as a separate document.