Practical guide
How to draft a summons for end-of-lease possession with AI
4 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
The summons for possession or eviction for end-of-lease, governed by Art. 657 of the Italian Code of Civil Procedure, is the procedural tool designed to obtain an enforceable title for property recovery at the lease's natural expiry. A distinction is made between a summons for possession (licenza per finita locazione), served before expiry to prevent tacit renewal, and an eviction (sfratto), served after the deadline has passed without the tenant vacating. This summary procedure allows the landlord to summon the tenant before the Court to obtain a judicial validation of the eviction in a short timeframe. Correct initiation of the proceedings requires strict adherence to substantive requirements, such as timely notice of termination, and procedural formalities set by the code.
In brief
The summons for possession or eviction for end-of-lease under Art. 657 c.p.c. grants an enforceable title for property recovery. This summary procedure requires proof of timely termination and a minimum notice period of twenty clear days. The document must incorporate mandatory warnings pursuant to Art. 660 c.p.c. regarding non-appearance and legal aid eligibility. AI assists in drafting these legal templates. If the tenant opposes without written evidence, the judge issues an eviction order under Art. 665 c.p.c. and mandates a change of procedure following the compulsory mediation attempt.
The steps
- 1.
Verification of expiry and termination notice
Before taking legal action, it is essential to ascertain the exact termination date of the relationship and the validity of the termination notice sent via registered mail or PEC. For leases subject to Law 392/1978, the denial of renewal at the first expiry must be specifically grounded under Art. 30, otherwise the action will be ineffective. The lawyer must ensure that the communication reached the recipient within the contractual or legal notice period, as the lack of a valid termination notice prevents validation under Art. 657 of the Code of Civil Procedure and leads to the rejection of the claim.
- 2.
Drafting the summons and the notice
The document must contain the formal summons for possession or eviction and the simultaneous summons of the tenant for the validation hearing before the Court where the property is located. It is necessary to precisely indicate the details of the lease agreement, the cadastral data of the property unit, and the factual and legal grounds justifying the request for eviction. The summons (vocatio in ius) must respect the minimum notice period to appear of at least twenty clear days between service and the hearing, as provided by the general rules for eviction proceedings.
- 3.
Inclusion of mandatory legal warnings
The summons must contain the mandatory warnings provided by Art. 660 of the Code of Civil Procedure for the protection of the tenant. Pursuant to paragraph 3, the respondent must be warned that if they fail to appear or do not oppose, the judge will validate the summons for possession or eviction under Art. 663. Furthermore, according to Art. 660, paragraph 4, it is mandatory to include the notice regarding the requirement for legal representation and the possibility of accessing legal aid at the State's expense. The omission of these warnings results in the nullity of the document and prevents validation at the first hearing.
- 4.
Service of process and notice under Art. 660 c.p.c.
Service must be carried out according to Articles 137 and following of the Code of Civil Procedure, preferring electronic means where possible. If the document is not delivered in person to the tenant, the bailiff must mandatorily send a notice of completed service via registered mail with return receipt. This formality is prescribed by Art. 660 and is a requirement for proceeding: at the hearing, the landlord's lawyer must present proof of sending this registered mail so that the judge can proceed with the validation.
- 5.
Filing the case and electronic submission
The lawyer proceeds to docket the case by electronically filing the served document together with the note of entry and payment of the court fee (contributo unificato), which is halved for this type of proceeding. It is essential to attach the lease agreement duly registered with the Revenue Agency and documentary proof of timely termination. Since Art. 664 c.p.c. is not applicable, any sums accrued after expiry are considered occupation indemnity under Art. 1591 c.c. and cannot be requested through a simultaneous injunction.
Legal basis: art. 657 c.p.c.art. 660 c.p.c.art. 663 c.p.c.art. 1591 c.c.art. 30 L. 392/1978
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Seized Court
Indication of the court with territorial jurisdiction based on the location of the property.
Parties
Complete identification data of the landlord (claimant) and the tenant (respondent), including the lawyer's details.
Lease and Expiry
Presentation of the lease agreement details, the expiry date, and proof of the sent termination notice.
Notice for End-of-Lease
Formal declaration of summons for possession or eviction with the warning regarding the effects of non-appearance under Art. 660.
Conclusions and Summons
Request for validation and summons of the tenant with the setting of the hearing date.
Evidentiary Requests
List of documents filed in support of the action, including the registered lease and the return receipt of the termination notice.
Place, Date, Signature, and Power of Attorney
Signature of the lawyer with references to the power of attorney granted by the landlord.
Mistakes to avoid
- Omission of the notice regarding mandatory technical defense and legal aid at the State's expense required by Art. 660, paragraph 4, c.p.c.
- Failure to send the informative registered mail under Art. 660 c.p.c. when service was not completed in person to the tenant.
- Incorrect indication of the lease expiry date or failure to respect the legal notice period, rendering the substantive termination ineffective.
- Use of ordinary proceedings instead of the special procedure for end-of-lease, resulting in longer timelines and possible rejection of the validation.
Frequently asked questions
What happens if the tenant appears at the hearing and opposes the validation?
If the opposition is not based on written evidence, the judge may issue a non-appealable eviction order under Art. 665 c.p.c. and order the change of procedure for the trial on the merits. Otherwise, the process continues under the special lease rules after the mandatory mediation attempt.
Is it possible to also request payment of the occupation indemnity in the same document?
No, the injunction under Art. 664 c.p.c. is limited to evictions for non-payment. For end-of-lease, the landlord must act separately to obtain the occupation indemnity under Art. 1591 of the Civil Code, as these sums are not considered rent and do not fall under the summary procedure for simultaneous injunction.
What is the minimum notice period between the service of the document and the hearing?
At least twenty clear days must pass between the day of service of the summons and the hearing date. If this period is not respected, the judge must order the renewal of the summons unless the respondent appears, thereby curing the defect.
What edit.legal automates
- —Automatic verification of compliance with notice periods and termination deadlines based on the Code of Civil Procedure and Law 392/1978.
- —Guided insertion of mandatory warning clauses under Art. 660, paragraphs 3 and 4, to prevent nullity objections.
- —Instant generation of conclusions for the validation of the summons for possession or eviction for end-of-lease.
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