Eviction in Rome: What to Do If You Receive or Need to File One
Eviction for unpaid rent or end of lease: the step-by-step process, tenant rights, and the mistakes landlords can never legally make.
In a Nutshell
An eviction (sfratto) is the legal process by which a landlord asks a judge to order a tenant to vacate the property. In Rome, these cases are handled by the Tribunale Civile di Roma (Civil Court, Viale Giulio Cesare 54, Sezione VI Civile — Section VI Civil). There are two main grounds: rent arrears (mancato pagamento del canone) and end of lease (contratto scaduto senza rinnovo). Ignoring an eviction notice is always a mistake — you have only a few days to respond.
At a Glance
| Cost (landlord) | €2,000–4,200 (lawyer + court fees + enforcement) |
| Cost (tenant) | €1,000–2,500 for a lawyer; free if ISEE (income-and-wealth indicator used to qualify for means-tested benefits) is below €13,000 |
| Total timeline | 6–24 months (average case in Rome) |
| Where in Rome | Tribunale Civile, Viale Giulio Cesare 54 — Sezione VI Civile |
| Key documents | Registered lease agreement, proof of rent payments, ISEE certificate if applicable |
The Two Types of Eviction
Eviction for rent arrears (art. 658 c.p.c.): triggered when the tenant fails to pay even a single month's rent with more than 20 days' delay, or fails to pay service charges (condominium fees) amounting to more than two months' worth. The procedure combines the eviction notice with an order for payment.
Eviction for end of lease (art. 657 c.p.c.): occurs when the lease has expired and the tenant refuses to leave. The landlord must send a termination notice at least six months before expiry, by registered post (raccomandata A/R) or PEC (certified email — legally valid in Italy). For standard 4+4-year contracts, at the end of the first four-year period the landlord can only terminate for specific statutory reasons under art. 3 of Legge 431/1998 (own use, sale, full renovation). At the end of the full eight years, termination is unrestricted.
The Process from the Landlord's Side
Before going to court, try an amicable approach: a formal written demand (diffida) sent by registered post listing the amounts owed and giving a 15–30-day deadline costs little and can resolve everything. If that fails, you need a registered lawyer and a formal summons citing the tenant before the Tribunale di Roma (the hearing must be at least 20 days after service of notice).
The UNEP bailiff (Ufficiale Giudiziario dell'UNEP — court enforcement officer, same address as the Tribunal) serves the notice at the tenant's home. At the hearing, the judge will confirm the eviction if the tenant doesn't appear, or may grant up to 90 days' grace in cases of documented temporary hardship. If the confirmation goes through, the judge issues an order with a vacating date and an enforcement title for the arrears.
After a precetto (a 10-day ultimatum to leave), if the tenant still doesn't vacate, forced enforcement begins: the UNEP sets an access date and, if needed, arrives with a police escort. Be aware: Rome's UNEP office is one of the most heavily backlogged in Italy, so real-world timelines are often significantly longer.
Indicative costs for the landlord:
| Item | Amount |
|---|---|
| Court filing fee (contributo unificato) | €43–237 |
| Bailiff service fee | €30–100 |
| Lawyer's fee (flat rate) | €1,500–3,000 |
| UNEP forced enforcement | €200–500 |
| Estimated total | €2,000–4,200 |
If You're the Tenant: What to Do in the First 20 Days
When you receive the notice, you have 20 days from the date of service to act. Every day you lose narrows your options.
First step: read the document carefully — the ground for eviction, the amounts claimed, the hearing date, the court. Second step: within five days, contact a lawyer or one of the tenants' unions: SUNIA Lazio (Via Buonarroti 51, tel. 06 4441351), SICET CISL Roma (Via Po 21, tel. 06 8473430), or UNIAT UIL Roma (Via Bombelli 11, tel. 06 5921779). If your ISEE is below €13,000, you are entitled to free legal aid (art. 76 DPR 115/2002): contact the Rome Bar Association (Consiglio dell'Ordine degli Avvocati di Roma), Piazza Cavour.
Main defence options:
- Rent remedy (sanatoria, art. 55 L. 392/1978): if the eviction is for rent arrears, paying everything owed before the hearing — back rent, statutory interest, and costs set by the judge — causes the eviction to be dismissed. You can use this remedy up to four times in four years. Always pay by bank transfer so you have a paper trail.
- Grace period: at the hearing you can ask the judge for up to 90 days (120 in documented severe hardship cases) to settle the debt. If you pay within that period, the eviction is dismissed.
- Challenge (art. 665 c.p.c.): if you contest the amount, the validity of the notice, or procedural defects, the case shifts to full civil proceedings (1–3 years). A lawyer is required.
If the eviction has already been confirmed and you are in serious hardship (minor children, over-65s, disabled persons, low income), you can apply for a stay of enforcement from the Commissione Graduazione Sfratti at the Prefettura di Roma (Via IV Novembre 119/A, tel. 06 67291) — the regional state-government office representing the central state — under Legge 9/2007. The Prefettura can suspend enforcement for 6–12 months at a time.
It is also worth knowing about the Fondo Morosità Incolpevole (Lazio Region's "no-fault arrears fund"): grants of up to €12,000 for tenants who have lost income through no fault of their own — job loss, serious illness, separation. Details at regione.lazio.it.
Mistakes to Avoid
- Changing the locks or cutting utilities without a court order. For landlords, both are criminal offences: changing locks constitutes unlawful coercion (art. 614 c.p.), and cutting utilities is arbitrary self-help (art. 392 c.p.). The only legal route is through the courts.
- Ignoring the notice as a tenant. If you don't appear at the hearing, the judge will confirm the eviction in your absence. You lose every line of defence.
- Paying without a receipt. Cash payments without evidence are invisible to the judge. Always use a bank transfer and keep every receipt.
Special Cases
Tenant with minor children or over 65: such households receive priority in the eviction scheduling process, with postponements typically exceeding 12 months.
Foreign nationals without a valid Permesso di soggiorno (residence permit for non-EU citizens): the eviction proceeds regardless. The tenant still has the right to defend themselves in court; the post-office receipt for a pending renewal application counts as sufficient documentation.
Separated spouse with court-assigned home: eviction proceedings against the spouse who was assigned the home by a court order cannot proceed. Verify ownership titles before starting any proceedings.
Short-term and tourist rentals: a different, faster procedure applies, with a release order that excludes the tenant protections of Legge 431/1998.
Official Sources
- Tribunale Civile di Roma
- Ministero della Giustizia
- Codice di Procedura Civile — Normattiva
- Legge 392/1978 — equo canone
- Legge 431/1998 — locazioni abitative
- Roma Capitale — Politiche Abitative
- SUNIA — sindacato inquilini
- Prefettura di Roma
Legal references: Codice di Procedura Civile artt. 657-669; Legge 392/1978 artt. 5 e 55; Legge 431/1998; Codice Civile artt. 1571-1606 e art. 2930; Legge 9/2007; Legge 332/2000; DPR 115/2002 art. 76.