To initiate an eviction for non-payment, only one unpaid month is needed, after twenty days past the due date. This is established by article 5 of law 392/1978. Three months, or even six, are not required: this is the most common misconception among landlords and it is incorrect.
For accessory charges — the HOA fees that the tenant must reimburse — the threshold is different: eviction occurs when the unpaid amount exceeds the equivalent of two months’ rent.
The real constraint is therefore not legal. It is about timing and costs, and it is advisable to get informed about them before signing a contract, not after.
How common the problem is
In 2024 in Italy, 40,158 eviction orders were issued, of which 30,041 were for non-payment — 74.8% of the total. Lombardy is the leading Italian region with 6,574 orders; the province of Milano alone accounts for 1,726.
However, there is a more telling number: out of 81,054 execution requests filed during the year, only 21,337 evictions were actually carried out with the judicial officer. The gap between these two figures is the most honest measure of how slow the execution phase is.
Source: Ministry of the Interior, Central Statistics Office, 2024 data published in September 2025.
A clarification on the method: these data count only cases brought before a judge. They do not include situations where the tenant leaves the property before the hearing, which are numerous. The real phenomenon is broader than the statistics show.
How the procedure works
1. Eviction notice and summons for validation
The landlord, through a lawyer, serves the tenant a single document containing the eviction notice and the summons to appear for validation (article 658 of the civil procedure code). The notice must be served at least twenty days before the hearing. The same document may also request a payment order for overdue rents.
2. The validation hearing
Here the procedure splits, and the difference is substantial.
If the tenant does not appear or does not oppose, the judge confirms the eviction and orders its execution (article 663 c.p.c.). This is the faster route and the one that occurs in the majority of cases.
If the tenant opposes, and the opposition is not based on written or readily provable evidence, the judge may still issue a provisional release order immediately enforceable (article 665 c.p.c.), while continuing with the substantive trial. The landlord recovers the property while the case continues.
3. Grace period
At the hearing, the tenant can ask the judge for a period to remedy the non-payment, avoiding validation. This is provided by article 55 of law 392/1978 and applies only to residential leases.
| Ordinary situation | Precarious economic conditions | |
|---|---|---|
| Maximum duration | 90 days | 120 days |
| Number of times | Maximum 3 times in four years | Maximum 4 times total in four years |
| Prerequisite | — | Non-payment not exceeding 2 months, due to proven and subsequent difficulties |
To remedy the situation, the tenant must pay overdue rent, legal interest, and court costs as determined by the judge. The hearing is postponed to no later than ten days after the grace period expires.
There is one aspect that works in the landlord’s favor and few know about it: by requesting the grace period, the tenant implicitly acknowledges the debt. If payment is not made by the deadline, the eviction validation order follows directly, and all opposition or exceptions are barred.
4. Execution
Once the release order is obtained, the enforcement notice is served and proceedings continue with the judicial officer, requesting police assistance from the Prefect if necessary. This is the slowest phase, as shown by the gap between requests and executions.
Regarding overall timing, one thing almost no article mentions: there is no official statistic on the average duration of an eviction. The Ministry of the Interior publishes counts, not durations. The figures circulating online come from estimates by law firms and commercial portals. They vary greatly by tribunal and according to whether there is opposition. Be wary of anyone presenting them as certain data.
Prevention: guarantees that can be requested
The security deposit
Article 11 of law 392/1978 sets a non-derogable limit of three months’ rent. Asking for four or six months makes the clause null and void. The deposit also accrues legal interest that must be paid to the tenant at the end of each year: this is a mandatory obligation, not a courtesy, and it prevents the deposit from becoming a disguised rent increase.
Two common mistakes to avoid: not paying annual interest and disguising a higher deposit as “advance rent” — an operation that can be reclassified.
The surety bond
Bank or insurance-backed, it is fully legitimate and can be combined with the security deposit: the three-month limit applies to the cash deposit only, not to a third-party personal guarantee. In practice, a first-demand surety bond is preferred, which can be enforced without first proving default.
Rent insurance policy
Covers non-payment and legal expenses. Companies generally require a prior tenant screening, which adds an additional filter.
Tenant verification
Identification document, Codice Fiscale, pay slip or tax return, employment contract, references from previous leases. This is the most effective guarantee, and it costs only attention.
A point where mistakes have serious consequences
Selecting the tenant is legitimate. Selecting based on certain grounds is not, and the consequences are not theoretical.
The law prohibits refusing access to housing or imposing more disadvantageous conditions based on ethnic origin, nationality, religion, or disability. This is provided for by article 43 of legislative decree 286/1998 for legally residing foreigners, and legislative decrees 215/2003 and 216/2003 for access to goods and services, including housing.
The prohibition also covers indirect discrimination: a seemingly neutral criterion that actually disadvantages a certain group is also prohibited regardless of intent. Asking for more onerous guarantees only from some candidates falls under this.
What you can do instead: assess income capacity with documents, request references, require guarantees, and verify employment stability — provided the same standards are applied to all candidates. The legitimate discriminant is economic and documentable; that based on origin, ethnicity, religion, or disability is not, even when presented as a stricter economic requirement for only one group.
In summary
Only one month and twenty days are necessary to initiate an eviction, but the procedure involves timing beyond your control and a notoriously slow execution phase. Prevention is better than cure: serious tenant verification, security deposit within legal limits with interest paid annually, and a surety bond when the profile advises it.
If you have a property to rent in Milano San Felice or Segrate and want to manage it reducing risk — tenant selection, guarantees, well written contract — let’s talk.
Frequently Asked Questions
After how many unpaid months can I evict?
Only one, after twenty days past the due date (article 5 of law 392/1978). For accessory charges, the threshold is exceeding two months' rent. Three or six months are not required: this is a widespread and unfounded belief.
How long does an eviction for non-payment take?
There is no official data on the average duration: the Ministry of the Interior publishes the number of orders, not the timing. Duration depends on the tribunal, the presence of opposition, and the possible granting of the grace period, which alone can add up to 90 or 120 days. The gap between the 81,054 execution requests in 2024 and the 21,337 evictions carried out shows the slowness of the final phase.
How much does an eviction cost?
The items include unified contribution fee, judicial officer's fees, and lawyer's fees. There is no mandatory tariff and amounts vary; expenses are typically charged to the non-paying tenant, but recovery depends on their solvency — which is by definition the initial problem. Get a quote before starting the procedure.
How much security deposit can I ask for?
Maximum three months, by law and with no exceptions possible (article 11 of law 392/1978). The deposit accrues legal interest that must be paid to the tenant at the end of each year.
Can I ask for a surety bond in addition to the deposit?
Yes. The three-month limit applies to the cash security deposit; the surety bond is a personal guarantee provided by a third party and can be combined.
Can I choose who to rent to?
Yes, based on objective, documentable criteria applied uniformly to all candidates: income capacity, employment stability, references, guarantees. It is not allowed to refuse or apply stricter conditions based on ethnic origin, nationality, religion, or disability — not even through seemingly neutral criteria that produce that effect.
