🏢 Renting a Commercial Property in Italy

🏢 Renting a Commercial Property in Italy

The 6+6 lease, tenant protections, and the right of first refusal

Renting a commercial space in Italy is governed by specific legislation, mainly Law No. 392 of 27 July 1978, which aims to ensure stability for economic activities.
Whether you’re an investor, entrepreneur, or independent professional, it is essential to understand the rights and obligations tied to Italian commercial leases — most often structured under the so-called 6+6 model.

---

📜 What is a Commercial Lease (Locazione ad uso diverso dall’abitativo)?

A commercial lease in Italy applies to properties rented for non-residential purposes, including:

• Commercial, artisanal, or industrial activities,

• Liberal professions (e.g. medical practices, law firms),

• Tourism and hospitality businesses (e.g. hotels, restaurants, travel agencies),

• Cultural and sports activities (e.g. theatres, galleries, clubs).

➡️ These leases are regulated by Articles 27 to 42 of Law 392/1978.

---

📆 Minimum Duration and Renewal of a Commercial Lease

The legal minimum duration is:

• 6 years, automatically renewable for another 6 years (6+6) for standard commercial leases;

• 9+9 years for hotel or similar activities.

A longer term can be agreed, but any clause reducing the minimum duration is null, unless the activity is truly seasonal or temporary.

---

✉️ Termination and Renewal Rules

The lease automatically renews unless one of the parties terminates it in advance:

• 12 months’ notice for 6-year leases,

• 18 months’ notice for 9-year leases.

The tenant may terminate the lease early for just cause, by sending a 6-month notice via registered letter.

The landlord, however, can only refuse renewal at the first term expiry under very specific legal reasons, such as:

Reclaiming the premises for personal or family use,

Demolition or major renovation works,

Change in the use of the premises.

---

💼 Tenant’s Right of First Refusal (Pre-emption Right)

In the event of a sale of the premises, the commercial tenant benefits from a legal right of first refusal (art. 38 of Law 392/1978).

The landlord must:

Notify the tenant in writing of the intention to sell,

Indicate the price and full terms of the sale.

➡️ The tenant then has 60 days to exercise the right to purchase.
If no notice is given, or if the property is sold to a third party under better conditions, the tenant may initiate a legal substitution (azione surrogatoria).

---

💰 Compensation for Loss of Business (Indennità di avviamento)

If the landlord refuses to renew the lease without legitimate reason, or in violation of the tenant’s rights, the tenant is entitled to compensation for loss of business clientele (avviamento).

This compensation equals:

18 months’ rent for most commercial activities,

21 months for sensitive sectors (bars, hotels, restaurants, theatres, etc.).

⚠️ This right does not apply to businesses without direct public access (e.g. storage facilities or offices without clients).

---

✅ Conclusion

The Italian commercial lease system offers strong protection to tenants by guaranteeing:

Long-term legal stability (6+6 or 9+9 contracts),

A right of first refusal in case of sale of the leased premises,

Compensation in the event of unjustified loss of business activity.

📌 These legal safeguards may surprise foreign investors unfamiliar with Italian real estate law. That’s why personalized legal assistance is highly recommended before signing a lease, renewing one, or acquiring a rented property.

---

📩 Need legal assistance?

Our law firm provides support in drafting, negotiating, and reviewing commercial lease contracts in Italy.
Contact us for a consultation.

---

# commercial lease Italy • 6+6 lease Italy • tenant pre-emption Italy • avviamento compensation • Law 392/1978 Italy • Italian commercial lease lawyer