What the Civil Code says about property deterioration
One of the most frequent disputes between tenant and landlord at the end of a tenancy concerns the return of the deposit. The landlord believes they are entitled to keep it because of the condition of the flat; the tenant argues they lived normally without causing damage.
The relevant provision is Article 1590 of the Civil Code, which requires the tenant to return the property in the same condition in which they received it. But the same provision adds a crucial clause: the tenant is not liable for deterioration resulting from use in accordance with the contract.
Art. 1590 c.c.: «The lessee must return the thing to the lessor in the same state in which it was received, in accordance with the description made by the parties, save for deterioration or consumption resulting from the use of the thing in accordance with the contract.»
Picture hooks and furniture marks: what the courts say
Case law is consistent on this point. Holes left by wall anchors for hanging pictures, shelves and kitchen units, and marks left by furniture on walls, constitute normal wear and tear. They are not compensable damage — they are simply the signs that a real person lived in that flat.
Clauses requiring repainting: they are void
Many tenancy agreements contain a clause obliging the tenant to return the flat freshly painted. The Supreme Court and the Milan Tribunal have established that forcing the tenant to repaint at their own expense transfers a cost that does not belong to them — it gives the landlord an economic advantage beyond what the law provides. Such a clause is void and a judge will not enforce it even if signed.
How to defend yourself if the landlord keeps your deposit
If the landlord refuses to return the deposit citing picture holes or furniture marks, the tenant has several options:
- Send a formal written notice by recorded delivery or PEC, citing Art. 1590 c.c.
- Use a civil mediator before going to court
- File a claim with the Justice of the Peace for disputes within their competence limit
The practical advice is to photograph the flat thoroughly when handing back the keys — this documentation is crucial if challenged.