Can Your Landlord Keep Your Deposit for Normal Wear and Tear in Rome?

In a nutshell

Your landlord cannot keep the security deposit because of ordinary wear and tear. By law, a tenant returns the property in the same condition it was received — but deterioration caused by normal daily use is the landlord's risk to bear, not yours. If the landlord refuses to return the deposit without a valid, documented reason, your first step is a formal demand letter, followed by mandatory civil mediation, and then court proceedings if needed.

At a glance

Normal wear and tear	Landlord's responsibility — cannot be deducted
Burden of proof	On the landlord to document any damage
Mediation	Mandatory before filing a lawsuit (DLgs 28/2010)
Justice of the Peace	For amounts under €5,000 — filing fee €43–98
Legal aid	Available if your ISEE (income-and-wealth indicator used to qualify for means-tested benefits) is below €12,838.01

What the law says

Italian Civil Code art. 1590 establishes that a tenant returns the property in the same state it was received, except for deterioration resulting from use in accordance with the contract. In plain terms: the natural wear that accumulates over years of normal habitation is part of the landlord's risk, not a loss you caused.

Art. 2697 of the Civil Code also clarifies who must prove what: it is the landlord's job to demonstrate that damage exists, that you caused it, and how much it costs to repair. Your job is to be able to show what condition the property was in when you took possession — which is exactly why a move-in inspection report with timestamped photos is so important.

What counts as normal wear and tear — and what doesn't

Normal wear and tear is the physiological deterioration that results from ordinary, correct everyday use of a home. Here are the most common scenarios:

Cannot be deducted — normal wear and tear:

• Yellowed paint, light marks on walls, fingerprints around light switches
• Minor scratches on parquet, dulled marble surfaces, faint imprints left by furniture
• Worn tap washers, yellowed bathroom sealant
• Standard repainting at the end of a tenancy (Cass. 24557/2019)
• Squeaky hinges, faded paint on doors and window frames

Can be deducted — damage attributable to the tenant:

• Large holes in walls, deep cracks from impact, graffiti or mould-stained walls caused by failure to ventilate
• Tiles cracked by impact, parquet burns, permanent stains
• Broken sanitary fittings, detached taps, chipped bath
• Appliances broken through misuse or never cleaned
• Broken glass, detached shutters, broken-down doors

Repainting deserves a separate mention. Italy's Supreme Court (Cassazione, sent. 24557/2019) has clarified that routine repainting at the end of a tenancy is a recurring cost for the landlord, not a damage. Systematically deducting for "repainting" is an abuse. The situation is different if there are permanent stains, writing on the walls, or colours changed without agreement: in that case, only the extra cost above standard repainting can be deducted.

When a landlord can — and can't — deduct

A landlord can keep part or all of the deposit only by proving (Cass. 10588/2020):

1. Documented damage — supported by photos, an expert report, or a repair invoice
2. Attributable to the tenant — not pre-existing, not normal wear, not caused by external factors
3. Quantifiable — based on real quotes or invoices, not arbitrary estimates
4. Unpaid rent — last month's rent or documented arrears
5. Outstanding ancillary charges — building service charges, utilities, or extraordinary cleaning agreed in writing

In every other situation, withholding the deposit is unlawful and you can act to recover your money.

How to recover a wrongfully withheld deposit

Step 1 — Move-out inspection and photos

Before handing over the keys, always arrange a joint walkthrough with the landlord. Draw up a move-out report signed by both of you, covering the property's condition, any disputed items, and the final utility meter readings. Take timestamped photos and videos of every room.

If the landlord refuses the walkthrough, notify them by registered letter or certified email (PEC) stating the day and time you will be vacating, then carry out the inspection with two independent witnesses.

Step 2 — Formal repayment request

Within 15 days of handing back the keys, send a PEC or registered letter containing:

• a request for the return of the deposit plus accrued legal interest
• a 30-day deadline for payment
• your IBAN

Template letters are available from SUNIA (sunia.it), SICET (sicet.it) and UNIAT.

Step 3 — Formal demand notice

If the landlord doesn't respond or refuses after 30 days, send a formal demand notice (diffida) — through a tenants' union (free or low-cost, €30–80), a lawyer, or on your own initiative. The notice should state the amount owed, set a firm deadline, and warn that legal proceedings will follow if payment isn't made.

Step 4 — Mandatory civil mediation

Before going to court, mediation is compulsory for tenancy disputes (DLgs 28/2010 art. 5). Skipping it renders any subsequent lawsuit inadmissible.

• Cost: initial fee €60–260
• Maximum duration: 3 months
• Accredited mediation bodies in Rome: Camera di Commercio di Roma, Rome Bar Association
• Full list of accredited bodies: Ministry of Justice

If an agreement is reached, the record of settlement is immediately enforceable. If the landlord doesn't participate or no agreement is found, you can proceed to court.

Step 5 — Justice of the Peace or Civil Court

Justice of the Peace (Giudice di Pace) — Rome (deposits under €5,000):

• Simplified procedure; you can represent yourself for amounts up to €1,100
• Filing fee: €43 up to €1,100; €98 up to €5,000
• Timeline: 6–12 months
• Address: Via Bencivenga Biondi 8, Roma

Civil Court (Tribunale Civile) — Rome (amounts above €5,000):

• A lawyer is required
• Filing fee: variable (€98–518)
• Timeline: 1–3 years
• Address: Viale Giulio Cesare 54, Roma

If your ISEE is below €12,838.01, you qualify for state-funded legal aid (patrocinio a spese dello Stato): your lawyer's fees and court costs are covered by the state. Contact the Rome Bar Association.

As an alternative to ordinary proceedings, if you have written proof of the debt (bank transfer showing the deposit paid + contract + PEC requesting repayment), you can apply for an injunction order (decreto ingiuntivo): a faster procedure (roughly 60 days), with the landlord having 40 days to contest it.

Mistakes to avoid

1. Handing over the keys without a move-out report and photos. The landlord will be free to allege anything. Never hand over without a documented walkthrough.
2. Accepting verbally agreed deductions. Any agreement on deductions must be in writing and signed. A verbal understanding counts for nothing.
3. Skipping mediation before going to court. The lawsuit becomes inadmissible: a waste of time and money.
4. Accepting a deduction for routine repainting. It is not damage attributable to you: contest it.
5. Waiting too long. The limitation period for this type of claim is 10 years (art. 2946 of the Civil Code) — but the sooner you act, the sooner it's resolved.

Special cases

Landlord unreachable or living abroad: notifications go to their last known address. If they've sold the property, the new owner has inherited the obligation to return the deposit (Cass. 5837/2012).

No move-in inspection report: without a description of the property's condition at the start, the law presumes the tenant received it in good order. To rebut this presumption, you can use photos with EXIF metadata, witnesses, or an expert assessment.

Partial deduction: the landlord may return only part of the deposit, retaining the amount corresponding to documented damage. If you dispute the amount withheld, the process is the same as described above.

Shared liability: if damage is partly the tenant's fault and partly the landlord's — for example, a water leak the tenant failed to report promptly — a judge may apportion responsibility between both parties (art. 1227 of the Civil Code).

Official sources

• Normattiva — Legge 392/1978
• Normattiva — Italian Civil Code
• Normattiva — DLgs 28/2010 (mediation)
• Ministry of Justice — Civil mediation
• List of accredited mediation bodies
• Justice of the Peace — Rome
• Civil Court — Rome
• SUNIA — tenants' union
• Rome Bar Association — Legal aid

Legal references: Legge 392/1978 art. 11, Cod. Civ. artt. 1590, 1576, 1609, 1227, 2697, 2946, 1384, DLgs 28/2010 art. 5, Cass. 24557/2019, Cass. 10588/2020, Cass. 18068/2017.