Rent an apartment in Italy with a foreclosure guarantee
Alexander Davidenko asks:
I want to rent a residential apartment in Italy with the right of compulsory purchase after 3 years. Is such a scheme for the purchase of residential real estate in Italy legally fixed and working, and what risks and problems may arise for the buyer? I currently have temporary protection status in Germany. Thank you.
Expert answers (1)
(Invest Cafe)
Dear Alexander,
Thank you for your question. A rental scheme followed by compulsory purchase of real estate is indeed a possible way to purchase housing in Italy, but it requires careful legal support. Below I will talk about the legal framework, the options for such a scheme, and the key risks.
📘 Legislative framework and forms
In Italy, this model is called "rent to buy" or "affitto con riscatto". It was officially enshrined in Italian law by Decree No. 133 of September 12, 2014 (the so-called Sblocca Italia). The law allows you to conclude an agreement under which:
The tenant pays a monthly rent, part of which can be counted as an advance on the purchase.
After a set period (usually 2-5 years), the tenant has the right or obligation to purchase the property at a pre-agreed price.
There are two main options:
"Rent-to-buy" with the right to buy (option) — does not oblige you to buy.
"Affitto con obligo di riscatto" (with the obligation of redemption) — legally obliges to complete the purchase and sale transaction.
⚠️ Risks and Difficulties
1. Reliability of the contract.
It is important that the contract is registered with a notary (atto notarile) and in the cadastre, especially if there is a foreclosure obligation. This will protect you from double selling and fraud.
2. The status of the stay.
Your current temporary protection status in Germany does not automatically entitle you to long-term residence or permanent residence in Italy. However, you have the right to purchase real estate if you are a citizen of a country that is allowed to buy in Italy (Ukrainians do). For long-term residence, you will need to apply for a visa or residence permit.
3. Credit conditions.
If you plan to use a mortgage for final repayment, it is important to understand that banks are not always loyal to applicants without long-term income in Italy. It is better to discuss your creditworthiness with a bank or broker in advance.
4. Difficulties with early termination.
If you decide not to buy out the property or are unable to do so, you may lose some or all of the advance payments.
✅ Recommendations
Be sure to work with a notary public and a lawyer specializing in real estate.
Request a detailed contract, where it will be indicated:
the exact cost of the object,
lease and purchase period,
the amount of payments and which ones are counted,
conditions of refusal or early redemption.
Specify on whose balance sheet there are expenses for repairs, taxes, insurance, etc.
If you want, I can help you choose a reliable rental and foreclosed property and arrange a consultation with a notary. I will also tell you how to link this process with your status in Germany.
Yours sincerely,
Vita Livshits
Invest Cafe
Thank you for your question. A rental scheme followed by compulsory purchase of real estate is indeed a possible way to purchase housing in Italy, but it requires careful legal support. Below I will talk about the legal framework, the options for such a scheme, and the key risks.
📘 Legislative framework and forms
In Italy, this model is called "rent to buy" or "affitto con riscatto". It was officially enshrined in Italian law by Decree No. 133 of September 12, 2014 (the so-called Sblocca Italia). The law allows you to conclude an agreement under which:
The tenant pays a monthly rent, part of which can be counted as an advance on the purchase.
After a set period (usually 2-5 years), the tenant has the right or obligation to purchase the property at a pre-agreed price.
There are two main options:
"Rent-to-buy" with the right to buy (option) — does not oblige you to buy.
"Affitto con obligo di riscatto" (with the obligation of redemption) — legally obliges to complete the purchase and sale transaction.
⚠️ Risks and Difficulties
1. Reliability of the contract.
It is important that the contract is registered with a notary (atto notarile) and in the cadastre, especially if there is a foreclosure obligation. This will protect you from double selling and fraud.
2. The status of the stay.
Your current temporary protection status in Germany does not automatically entitle you to long-term residence or permanent residence in Italy. However, you have the right to purchase real estate if you are a citizen of a country that is allowed to buy in Italy (Ukrainians do). For long-term residence, you will need to apply for a visa or residence permit.
3. Credit conditions.
If you plan to use a mortgage for final repayment, it is important to understand that banks are not always loyal to applicants without long-term income in Italy. It is better to discuss your creditworthiness with a bank or broker in advance.
4. Difficulties with early termination.
If you decide not to buy out the property or are unable to do so, you may lose some or all of the advance payments.
✅ Recommendations
Be sure to work with a notary public and a lawyer specializing in real estate.
Request a detailed contract, where it will be indicated:
the exact cost of the object,
lease and purchase period,
the amount of payments and which ones are counted,
conditions of refusal or early redemption.
Specify on whose balance sheet there are expenses for repairs, taxes, insurance, etc.
If you want, I can help you choose a reliable rental and foreclosed property and arrange a consultation with a notary. I will also tell you how to link this process with your status in Germany.
Yours sincerely,
Vita Livshits
Invest Cafe
27.05.2025
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