Subaffitto

Subaffitto, or sublocazione, is the act by which a tenant (conduttore) rents all or part of a leased property to another person (subconduttore) while remaining contractually bound to the landlord. It is commonly used for temporary occupancy, such as students or workers who need a short-term arrangement. The legality and terms of subaffitto depend on the original lease and applicable Italian civil and housing regulations.

Consent from the landlord is typically required for a sublease. A lease may expressly prohibit subletting or require the landlord’s written authorization, and consent should not be unreasonably withheld. If permission is granted, the sublease usually cannot extend beyond the term of the main lease and must respect the use and occupancy limits of the property. The subtenant’s rights arise from the sublease contract, while the original tenant remains responsible to the landlord for rent, damages, and compliance with the lease terms.

Liabilities and relationships are hierarchical: the landlord–tenant relationship persists between the landlord and the original tenant, who remains liable for rent and duties even if a subtenant occupies the premises. The subtenant typically has remedies and protections only to the extent provided by the sublease. If the main lease ends, the sublease generally ends as well. If the subtenant breaches obligations, the landlord’s recourse is usually through the main tenant, who remains liable for performance and any consequences under the original lease.

Practical considerations include drafting a written sublease with clear duration, rent, deposits, permitted use, duties for maintenance, and rules for renewal or termination. Subletting also has tax and registration implications that should be observed.