Practical guide
How to draft an Italian eviction notice for non-payment with AI
4 min read · Updated June 2026 · Editorial oversight: Avv. Federico Papa
The eviction notice for non-payment (intimazione di sfratto per morosità), governed by Art. 658 c.p.c., is the procedural instrument used to obtain the termination of a lease agreement and the repossession of the property when rent remains unpaid. This act initiates a special validation procedure (procedimento di convalida), which is summary in nature and allows the landlord to quickly obtain an enforceable title for eviction. Its primary function is to verify the tenant's breach of contract and sanction it with the recovery of property possession.
In brief
The eviction notice for non-payment under Art. 658 c.p.c. initiates a summary validation procedure for lease termination and property repossession. Pursuant to Law 392/1978, failure to pay rent within twenty days constitutes grounds for eviction. The act must include a summons to the Court where the property is located and mandatory warnings under Art. 660 c.p.c. Landlords may seek an injunction decree for overdue rent per Art. 664 c.p.c. AI assists in drafting the formal requirements, ensuring compliance with mandatory procedural steps.
The steps
- 1.
Verification of prerequisites and arrears
Before taking legal action, it is necessary to verify the existence of a duly registered lease agreement and the extent of the tenant's breach. Pursuant to Art. 5 of Law 392/1978, for residential leases, the failure to pay even a single installment of rent twenty days after the due date constitutes grounds for eviction. To prevent disputes, it is essential to precisely quantify overdue rent and unpaid accessory charges before drafting the act.
- 2.
Drafting the notice and summons
The document must contain the eviction notice for non-payment and the simultaneous summons for validation before the Court of the place where the property is located. It is necessary to clearly state the contract details, the period of non-payment, and the summons to appear at a fixed hearing before the competent judge. The document must be drafted in compliance with the formal requirements set out in Arts. 658 and 660 c.p.c. to ensure the admissibility of the special procedure.
- 3.
Inclusion of mandatory warnings under Art. 660 c.p.c.
The document must contain explicit warning that failure to appear or failure to file an opposition will result in the validation of the eviction pursuant to Art. 663 c.p.c., as well as the invitation to appoint counsel and notice regarding eligibility for state-funded legal aid. Opposition can be validly raised by appearing in person or through counsel directly at the hearing, without being subject to advance appearance deadlines, to contest the arrears or request a grace period.
- 4.
Service of process and terms to appear
Service of process (notificazione) must be carried out by the Bailiff (or via certified email/PEC where permitted) and, if not delivered directly to the recipient in person, requires sending a notice of service via registered mail. At least twenty clear days must elapse between the service date and the hearing date to observe the minimum appearance terms. Any void or irregular service prevents the judge from issuing the validation order, making it necessary to renew the summons with a resulting delay in proceedings.
- 5.
Request for an injunction decree for overdue rent
Simultaneously with the eviction notice, the landlord may ask the judge to issue an injunction decree (decreto d'ingiunzione) for overdue rent and rent falling due until actual eviction. This option, provided by Art. 664 c.p.c., allows obtaining both the title for repossession and the enforceable title for debt recovery within the same proceeding. The request must be explicitly set out in the final claims of the document to enable the judge to issue an immediately enforceable injunction decree.
- 6.
Hearing management and the grace period
At the hearing, if the tenant appears and does not contest the arrears, they may request a grace period (termine di grazia) pursuant to Art. 55 of Law 392/1978. In this case, the judge grants a peremptory term to cure the default and adjourns the case to a date following the deadline. If the debt is not fully settled by the new hearing, the judge validates the eviction and orders the enforcement of the release.
Legal basis: Art. 658 c.p.c.Art. 657 c.p.c.Art. 660 c.p.c.Art. 663 c.p.c.Art. 664 c.p.c.Art. 5 L. 392/1978Art. 55 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.
Competent Court
Identification of the court with territorial jurisdiction based on the location of the leased property.
Parties
Inclusion of the full details of the landlord and tenant, together with legal counsel details and power of attorney.
Lease contract and arrears
Statement of the lease agreement details, agreed rent, and detailed breakdown of accrued arrears.
Eviction notice
Formal eviction notice for non-payment including mandatory warnings under Art. 660 c.p.c.
Final claims and summons
Request for eviction validation, application for a payment injunction, and summons to appear at the hearing.
Evidentiary claims
Filing of the lease contract, registration receipt, and documentary evidence of non-payment.
Place, date, signature and power of attorney
Counsel's signature, date of the document, indication of power of attorney, and list of attached documents.
Mistakes to avoid
- Omission of mandatory warnings under Art. 660 c.p.c., resulting in the nullity of the summons.
- Vague or missing specification of overdue rent and accessory charges, making the notice indeterminate and subject to challenge.
- Violation of the minimum twenty clear days appearance term between service and hearing, preventing validation.
- Service of process performed at the elected domicile rather than the tenant's actual residence or registered office, risking invalidity.
Frequently asked questions
What happens if the tenant pays only part of the debt before the hearing?
Partial payment does not prevent the validation of the eviction if the remaining arrears persist beyond the thresholds provided by Art. 5 of Law 392/1978. The landlord can insist on the validation and repossession of the property, unless the court deems the remaining breach to be of minor importance.
Is it possible to request rent that will fall due after service of the act?
Yes, pursuant to Art. 664 c.p.c., the landlord can request an injunction decree that includes rent falling due until the actual execution of the eviction. This claim must be explicitly included in the final conclusions of the eviction notice.
Which court has jurisdiction over the eviction from commercial premises?
Jurisdiction belongs exclusively to the Court where the property is located (forum rei sitae). Parties cannot deviate from this mandatory jurisdiction through contractual choice-of-forum clauses.
What edit.legal automates
- —Automatic generation of mandatory legal warnings required by the Cartabia Reform and Arts. 660 and 663 c.p.c.
- —Assisted calculation of arrears and accessory charges with dynamic insertion into the final claims of the draft.
- —Verification of territorial jurisdiction and automated check of minimum appearance terms under the c.p.c.
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