Practical guide

How to draft a commercial lease with AI

2 min read · Updated March 2026 · Editorial oversight: Avv. Federico Papa

Leases of non-residential premises are governed by Law 392/1978, which contains mostly mandatory provisions protecting the tenant: a minimum 6+6 year term, goodwill indemnity, and pre-emption rights. Clauses derogating to the tenant's detriment are void under Art. 79.

In brief

Non-residential leases follow Law 392/1978, containing mandatory tenant protections. Under Art. 27, the minimum term is 6 years, or 9 for hotels, with automatic renewal per Art. 29. Art. 79 voids clauses detrimental to tenants. Rent indexation is capped at 75% of the ISTAT index according to Art. 32. For public-facing activities, Art. 34 grants a goodwill indemnity of 18 or 21 months. Pre-emption rights (Art. 38 and 40) and contract assignment under Art. 36 are mandatory. AI drafting facilitates regulatory compliance and mandatory registration within 30 days.

The steps

  1. 1.

    Qualifying use and duration

    Define the intended commercial activity (Art. 27): minimum 6-year term (9 years for hotel activities) with automatic renewal at the first expiration, unless refusal is justified on the strict grounds set out in Art. 29.

  2. 2.

    Rent determination and indexation

    Initial rent is freely negotiated, but annual indexation cannot exceed 75% of the ISTAT index (Art. 32); stepped rent schedules may be agreed upon for initial business phases.

  3. 3.

    Goodwill indemnity and pre-emption rights

    For activities involving direct contact with the general public, the lease must account for the goodwill indemnity (18 or 21 months' rent under Art. 34) and pre-emption rights in case of sale (Art. 38) or re-letting (Art. 40).

  4. 4.

    Service charges, sublease, assignment, and registration

    Regulate service charges, maintenance obligations, subleasing and contract assignment under Art. 36, and the security deposit, ensuring the agreement is registered within 30 days.

Legal basis: l. 392/1978art. 27 l. 392/1978art. 34 l. 392/1978art. 79 l. 392/1978

Related checklist: Key Aspects to Verify Before Signing a Commercial Lease Agreement

What edit.legal automates

  • —Drafts leases compliant with Law 392/1978 while flagging clauses void under Art. 79
  • —Calculates scenarios for term duration, termination, and goodwill indemnity
  • —Includes customizable dynamic fields for premises, rent, and security deposit within the integrated editor

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This guide is for informational purposes only and does not constitute legal advice for your specific case.