Those who rent a house for a week often believe they are moving into a legally free zone, a lighter space than an actual lease. This is not the case, and the difference between knowing and not knowing can be seen when something goes wrong: the air conditioner breaks on August 15, the visitor broke the roller blind, the failure to share data with the police station discovered during an inspection. In Italy, tourist rentals are regulated by a precise amalgamation of the Civil Code, the Tourism Code and regional regulations, and this intertwining determines in good time who must do what, even before the first guest arrives.
The rules do not change because the stay lasts three nights instead of three months. Only some practical obligations change, while the essential obligations remain the same that regulate every relationship between landlord and tenant.
What the owner must guarantee, not just promise
Article 1575 of the Civil Code states that the owner must surrender the property good condition of maintenance and keep it fit for the agreed use for the duration of the contract. In the context of a summer rental This means much more than just structural safety: it includes the operation of every service advertised in the ad, from air conditioning to Wi-Fi to hot water.
If damage occurs during the stay that cannot be attributed to the tenant, such as a sudden breakdown of the autoclave or the air conditioner in the heat of the day, article 1576 requires emergency repairs at the owner’s sole expense. Anyone who doesn’t intervene immediately risks asking for a rent reduction or compensation for partial enjoyment of the property, and in the case of short-term tenancies, reaction times count twice: an unsolved error on a three-day holiday weighs much more than on a yearly contract.
The CIN and the obligations that today no one can skip
From 2025 every property intended for tourist rental must have the National Identity Codewhich was introduced by article 13 sec. of Legislative Decree 145/2023. The code can be requested free of charge on the Ministry of Tourism portal, must be prominently displayed outside the accommodation and must appear in every advertisement published, whether on Airbnb, Booking or on your own website. The platforms automatically verify the code before the ad is published, and those who do not have it risk a fine of between €800 and €8,000 per property unit, as well as a separate fine of up to €5,000 for non-display alone.
This comes with the much older obligation to communicate visitor data through the portal Hosted Web of the State Police: within 24 hours of arrival for normal stays, within 6 hours for stays of less than a day. It is one of the most overlooked obligations, precisely because it appears as a formality, but the intersections between the Revenue Service, the Facility Database and the data transmitted by the platforms have made it one of the most verified points in 2026.
What guests must respect, from check-in to check-out
The tenant is not a mere passing visitor: article 1587 of the Civil Code requires him to take possession of the property and use it with custody of the good father of the family. In practice it means respecting the regulations of the condominium, especially regarding noise during rest hours, properly managing the separate waste collection in accordance with municipal regulations and not altering the condition of the premises beyond normal use.
On a financial level, the tenant is responsible for the minor maintenance and safekeeping of the property for the entire duration of the stay. If a roller blind is broken due to improper use or a window pane is broken through negligence, the cost of repair will be borne by the person who caused the damage and the owner can deduct the corresponding amount from the deposit paid on arrival. The boundary, which is often a source of dispute, is that between accidental damage and normal wear and tear: a mattress that loses its shape after years of use is not the same as a sofa that gets irreparably dirty in three days.
A guarantee is not a blank check
The deposit paid at check-in covers any damages, not the owner’s dissatisfaction with the order left at home. Keeping it in full without documenting specific damage exposes you to a claim for restitution and in the most controversial cases to an appeal before the magistrates’ court. The most consistent practice, both for those who rent and those who stay, is to photograph the condition of the property on arrival and departure: a two-minute gesture that, in the event of a dispute, is worth more than any verbal discussion.
Upon return, the property must be returned to the condition in which it was received, except for normal wear and tear. It’s the point at which the contract comes full circle, and it’s also when we see if the written rules have actually been followed or just mindlessly read at the time of booking. That’s where bad surprises almost always arise: not in the law, but in what neither party checked in time.
