Subleasing a property is a common practice, especially in university cities or large urban centers where rental costs can be high. This article will provide detailed guidance on how to sublet a property, the types of subletting, the necessary documents, the costs involved, and will include a facsimile model of a
subletting agreement.
Definition of Subletting
Subletting is an agreement in which the tenant (who rents the property from the owner) grants the use of all or part of the property to another person, called a subcontractor, in exchange for a subletting fee. In this scenario, the conductor becomes a subtenant while the person occupying the building becomes a subconductor. It is essential to verify that the main rental agreement allows for subletting and to comply with local laws
.
Is it Legal to Sublet?
The practice of subletting is legal, as long as it is not expressly prohibited by the original rental agreement. Article 1594 of the Civil Code states that subletting is generally allowed, unless prohibited by the main lease agreement
.
Types of Subletting
There are two main types of subletting: partial and total.
Partial subletting: The tenant subleases only part of the property, such as a room, while keeping the rest for himself. For example, a tenant who rents an apartment with several rooms may decide to sublet a room while continuing to live in other
parts of the building.
Total subletting: The tenant subleases the entire property, completely transferring use and occupancy to the subconductor. This is common when the tenant has to move temporarily for work or other reasons
.
Required Documents and Procedure
Before subrenting, it is essential to collect the necessary documents and follow a well-defined procedure:
- Communication to the Lessor: The tenant must inform the owner of the intention to sublet by registered letter.
- Drafting of the Subletting Agreement: This document must include:
- Sublocator and subconductor data
- Duration of the sublease
- Amount of monthly fee and payment date
- Liabilities and liabilities of landlord, sublessor and subconductor
- Withdrawal terms and times
- Signed agreement of the owner of the property
- Contract Registration: The contract must be registered with the Revenue Agency within 30 days of signing, using the RLI model and proof of payment through the F24 Elide model. For non-EU citizens, it is necessary to fill out the hospitality declaration within 48 hours of the subconductor entering
.
Subletting Contract Costs
The main cost associated with subletting is the registration tax, which amounts to 2% of the agreed subletting fee. There may be additional costs for legal advice and contract customizations. Income deriving from subletting must be declared as ‘Different Income’ in the 730 tax return model, indicating code 10 in line
D4.
Facsimile of the Sublease Agreement
Below is an example of a sublease agreement that can be used as a template:
PROPERTY SUBLEASE AGREEMENT
Place: ______________________
Date: ____/____/______
Mr/Mrs _____________________________ born in __________________________ on ____/____/____
domiciled in _____________________________ Prov. (____) Street/P.ZZA/Largo _____________________________ Nr. ____ C.F. _____________________________, hereinafter referred
to as conductor,
And
Mr/Mrs _____________________________ born in __________________________ on ____/____/____
domiciled in _____________________________ Prov. (____) VIA/P.ZZA/Largo _____________________________ Nr. ____ C.F.
_____________________________, hereinafter referred to as subconductor,
PREREQUISITE:
— That the tenant leases the urban property located in _____________________________ Prov. (____) VIA/P.ZZA/LARGO _____________________________ Nr. ____, owned by Mr. and Mrs. _____________________________ under a contract dated ____/____/____ registered at the registry office of _____________________________ Registration number _____________________________,
— With this act, in accordance with art. 2 of law 392/78,
SUBLEASE
the said building to the subconductor, under the following conditions:
1. Duration of the sublease: from ____/____/____ to ____/____/____
2. Monthly fee: Euro _______________, __________ to be paid by ____ day of each month.
3. Cancellation: six months before the deadline.
4. Ancillary charges: they are borne by the sublessor.
5. Withdrawal: the subconductor may withdraw from the contract at any time for serious reasons with at least six months’ notice
.
This act is also signed by the owner of the property, Mr/Mrs _____________________________ for consent to the sublease.
Place: ______________________
Date: ____/____/______
Landlord’s signature: _____________________________
Subconductor Signature: _____________________________
Conductor’s Signature:
_____________________________
Subleasing a property can be an advantageous solution for both the conductor and the subconductor, allowing space to be optimized and costs reduced. It is crucial to follow local laws and the provisions of the main contract to ensure that everything happens legally and transparently. Using a well-structured subletting contract that is properly registered with the competent authorities is essential to avoid any future disputes
.