Subletting a Room in Rome: Legal, But Only If You Do It Right

In a Nutshell

Subletting a room in your rented apartment is legal by default under art. 2 of Legge 392/1978, unless your lease explicitly forbids it. That said, you can't just quietly hand over a set of keys: you must notify your landlord and register the sublease with Agenzia delle Entrate (Italy's tax-revenue agency). Doing it informally — under the table — puts you at risk of eviction and hefty tax penalties.

At a Glance

Cost	Registration tax: 2% of annual rent (min. €67) + €16 revenue stamp per 4 pages. With flat-rate tax (cedolare secca): no registration tax or stamps, just 21% substitutive tax.
Timeline	Notify landlord: before the subtenant moves in. Register the contract: within 30 days of signing.
Where in Rome	Agenzia delle Entrate offices Roma 1–7 (or online via Modello RLI). Tenant unions: SUNIA Roma (Via Buonarroti 51), SICET Roma (Via Po 20), UNIAT Roma (Via Po 162).
Documents you need	Written sublease contract, subtenant's ID and Codice Fiscale (Italian tax ID), recorded delivery letter to landlord, Modello RLI for registration.

What the Law Actually Says: A Room Is Fine, the Whole Flat Is Not

The key rule comes from art. 2 of Legge 392/1978:

• Full subletting (you vacate the entire flat): forbidden without the landlord's written permission. Do it without authorisation and the landlord can terminate your lease and have you evicted.
• Partial subletting (one room): allowed by law, unless the lease explicitly bans it. You still have to notify the landlord.
• Assignment of the lease (someone else takes over your contract entirely): always requires the landlord's written consent.

So: read your lease first. Look for words like "subaffitto", "sublocazione", or "altri occupanti". If you find an explicit ban, you'll need written permission from your landlord before you do anything.

How to Do It Correctly — Step by Step

Step 1 — Notify the landlord. Send a registered letter (raccomandata A/R) or PEC (certified email — legally valid in Italy) giving the subtenant's full name, Codice Fiscale, date of birth, the rooms being sublet, the duration, and the rent amount. Keep the signed return receipt. This notification is legally required and protects you if a dispute arises later.

Step 2 — Write a contract. The sublease agreement must cover: both parties' details, a reference to the main lease, which rooms are being sublet, duration (cannot exceed your main lease), the rent, the security deposit, and how shared expenses are split. Basic templates are available from tenant unions (SUNIA, SICET, UNIAT) or CAF (free assistance offices for tax forms and benefits applications).

Step 3 — Register the contract. Within 30 days of signing, register it with the Agenzia delle Entrate using Modello RLI. You can do this online, in person at any Roma 1–7 office, or with help from a CAF or Patronato (free union-run office helping with social-security and immigration paperwork — e.g. ACLI, INCA, CISL, UIL).

Step 4 — Pay the tax. You have two options:

• Standard regime (IRPEF — Italian personal income tax): declare the rent you receive in the RL section of your Modello 730 (Italy's simplified annual tax return for employees) or Modello Redditi. You can deduct the portion of rent you pay your own landlord that corresponds to the sublet rooms.
• Cedolare secca (flat-rate tax): 21% rate (or 10% for rent-controlled contracts in Rome), which replaces IRPEF, the registration tax, and the revenue stamp. According to Circolare Agenzia Entrate n. 26/E/2011, the flat-rate tax applies to subleases between private individuals for residential use. If you have moderate-to-high income from other sources, this option almost always works out cheaper.

How Much Can You Charge?

The law caps what you can ask: the sublease rent cannot exceed the share of the main rent proportional to the rooms being sublet. In plain terms, you can't profit from the arrangement. If you pay €800/month for a two-room flat and you're subletting one room, you can't charge more than €400/month.

Mistakes to Avoid

1. Subletting without a written contract. No registered contract means no legal protection. If your subtenant stops paying rent, you have no grounds to start eviction proceedings.
2. Not registering the contract. The penalty for failure to register is 120%–240% of the tax evaded, and the contract has no legal standing against third parties.
3. Subletting to non-EU citizens without the required report. If your subtenant is a non-EU national, you must also notify the Questura (police headquarters — also issues residence permits) within 48 hours of them moving in (art. 7 TU Immigrazione, DLgs 286/1998). Skipping this can have criminal consequences.

Special Cases

Your lease bans subletting. Many modern leases include this clause. The practical solution is to ask your landlord for written authorisation — they often agree, especially if the prospective subtenant has a verifiable income.

Flatmates sharing costs on equal footing. If the real intention is to share the apartment as co-tenants, the correct approach is to co-sign the main lease from the start, with everyone named on the contract and jointly liable. That is not a sublease.

Short-term tourist lets (Airbnb, Booking). These are governed by DL 50/2017 conv. Legge 96/2017. You can rent for up to 30 days under cedolare secca at 21%, but you must report each guest to the Questura within 24 hours and pay the Rome tourist tax (€3.50–7 per person per night). Important: most standard leases explicitly ban tourist short-lets.

ATER social housing. Subletting is absolutely forbidden. The penalty is loss of your housing assignment and eviction.

Your subtenant wants to register their residency at your address. They can do so by presenting the registered sublease contract at the Anagrafe (civil-registry office at the Comune, handles residency) of the Comune di Roma. You don't need to do anything yourself, but it's useful to know.

Official Sources

• Agenzia delle Entrate — Lease contract registration
• Agenzia delle Entrate — Cedolare secca
• Legge 392/1978 (Normattiva)
• Legge 431/1998 (Normattiva)
• Codice Civile (Normattiva)
• SUNIA — National Tenants Union

Legal references: Legge 27/07/1978 n. 392 art. 2; Legge 09/12/1998 n. 431; Codice Civile art. 1594; DPR 26/04/1986 n. 131; DLgs 14/03/2011 n. 23; DL 50/2017 conv. Legge 96/2017; Circolare Agenzia Entrate n. 26/E/2011.