If you are planning to relocate to Italy to start the citizenship by descent process, there are several steps that you need to take to be able to establish residency in the Italian municipality where you intend to make your application for citizenship. This article will outline everything you need to know about establishing residency, and it will also give details regarding housing options and rental agreements. All of which are important for you to know if your intention is to move to Italy in order to file your citizenship application.
Rent or purchase a property
Once you have gathered and collated your vital records needed for applying for citizenship in italy, the next phase is to establish residency in the Italian municipality where you will submit your application.
Residency can be established in a property that you own or rent based on either your entry stamp applied on your passport, or a “declaration of presence”, if you flew to a different EU country prior to arriving in Italy. It is useful to know rental contracts in Italy are generally divided into categories depending on their duration. Options range from short-term leases to three or four-year contracts, with the possibility of renewal. The most common types are:
- Long Term Rentals (3-8 years).
- Short Term Rentals (1-18 months).
- Vacation Rentals (29 days or less).
The average monthly rent in Italy is largely dependent on a number of other factors, such as the region and the city where the property is located, its size, whether it is furnished, as well as its energy class (A4, A3, A2, A1, B, C, D, E, F, G).
Types of rental contracts
There are also different rental contract types that are useful to know. The first is the freely negotiated tenancy agreement (contratto di locazione a canone libero, which means the length of contract and rental price can be negotiated between the landlord and the tenant.
There is the 4+4 contract (contratto di locazione a canone libero 4 x 4), which is fixed for four years (the length of time), but this contract type is renewable for an additional four years (except in special circumstances which are specifically determined by law).
The 3+2 contract (contratto di locazione a canone concordato 3 x 2) means the duration is fixed for three years, with the option to renew the contract for an additional two years.
And, finally, there is the short-term contract (contratto di locazione abitativa ad uso transitorio). This type of contract is not renewable (the duration can vary from 1 to 18 months) because it is based on the tenant’s temporary need.
Other contract types
There are also certain contracts for specific purposes. For example, the rent agreement for university students (contratto di locazione a studenti universitari). This type of contract is designed for students and its duration can vary from 6 to 36 months.
In respect of all the contract types discussed, it is important to note that within any contract should be a provision for a cancellation notice. In general, the cancellation period is 6 months; but in some circumstances it can be negotiated with the landlord to be 3 or 4 months. There also exists a contract for tourists (contratto turistico). Generally, this contract lasts less than a month and it does not need to be registered unless tourists decide to prolong their stay for more than 30 days.
When choosing a type of rental property, remember that your residency needs to be established for the entire duration of the citizenship application process, even if you plan on traveling or returning to the U.S. for periods of time. With this considered, short-term and tourist/vacation rentals are not suitable if your intention is to submit a citizenship application in Italy. Please also keep in mind that in order to establish residency, hotels and airbnbs do not offer the lease contracts deemed sufficient for residency permits, and therefore should not be used.
Rental contracts
Rental contracts will include the following terms:
- The landlord and the tenant’s personal details;
- Property details;
- Energy Performance Certificate (Attestato di Prestazione Energetica or APE);
- Contract length including exact start and end dates;
- Monthly rent and what is included in the price;
- Extra expenses and costs (spese/utenze) – e.g. utility bills;
- Deposit (deposito cauzionale/cauzione) – some landlords may also require a guarantee statement from the bank;
- Cancellation Policy (politica di cancellazione) – for both the tenant and the landlord;
- Maintenance – the terms and conditions relating to running costs for the property. For example, in Italy the tenant is responsible for paying for gas, electricity, WiFi, TV license, condominium expenses, and TARI(municipal solid waste tax).
Required documents
In order to rent a property you will need a codice fiscale (a tax code) and passport (a must for non-EU tenants) or government ID (an option for EU tenants). The codice fiscale is also necessary for the purpose of setting up bank and other accounts, and paying utility bills that come with the property. Landlords in Italy tend to prefer tenants that are willing to sign long-term rental contracts, and so they will often ask potential tenants questions about job status, which may mean providing a letter from employer, and other financials that show reliability.
Some important points
1) It is common practice in Italy to provide a security deposit equal to at least one month’s rent.
2) In relation to real estate agencies and their fees, should you use one to find a property, there is usually a cost to the amount of one month’s rent.
3) When establishing residency in Italy, a living area of no less than 14 square meters is required for each inhabitant, and so it is important to ensure that the property is large enough in order for all the occupants to be able to establish residency.
4) In the event that not all of the inhabitants in the property are listed on the agreement, the owner of the property will need to give consent to each.
5) Rental agreements must be registered within 30 days from the signed date or from its effective date to the revenue agency. There is a fee associated with this registration which is sometimes split between the tenant and landlord. These terms will be negotiated at the time of signing.
Completing your residency application
Once you have acquired your rental agreement, you must then establish residency at the registry office (anagrafe) of the local comune and provide evidence of your lawful stay in Italy. Please note that it is imperative that residency is established in the same town in which you are applying for citizenship. It is important to state that Italian municipalities may have different residency processes and slightly different rules, and so it is important to refer to the guidelines of the comune where you intend to reside.
The documents required for a residency application are your registered lease agreement, declaration of presence (dichiarazione di presenza), or the required stamp on your passport, and a codice fiscale. Following the submission of your residency application, it is important that you remain in your place of residency for the 45 days because the local police (questura) will conduct a check in order to verify you are residing in the property. Once this has been done, you can apply for an Italian photo identification card (carta di identita), a health insurance card (tessera sanitaria), and you are then able to officially file your Italian citizenship application. For a complete guide of all the steps involved in the process of applying for citizenship directly in Italy please click here.
Conclusion
This article has addressed the steps you need to take in order to establish residency in Italy for the purpose of making your citizenship application. It has also given the details of rental agreement types and options available to you, as well as outlined how to file a residency application.
If you have any other questions or would like further information, you can contact us directly at [email protected]. At ICA we are always happy to help.
