What should you do if the co-holder of the lease leaves without being immediately replaced by a another lease co-holder?

What to do if a new flatmate comes in?

The issue of joint liability in the payment of rents and expenses should be stressed, in addition to the issue of the return of the deposit: they are often the subject of litigation and cause difficulties for remaining tenants.

Let's see how to put everything in writing and register the variations with the Revenue Agency.

The contract is binding

In the case of a contract by multiple people and one of them is replaced, you must first check that the contract does not have specific clauses (sometimes landlords specify that contract is terminated). At any rate, the landlord must be informed and give their consent.

The new co-holder will be registered in the contract.

Even if the tenant moves out of the apartment, the landlord can demand (it is their right) that s/he remains jointly liable even if he quits the apartment, in case the rent is not collected regularly from the remaining tenants.

A text must therefore be produced which specifies that the remaining tenant: 

"personally assumes, in full, all the obligations of the contract in relation to the property leased... However, the outgoing tenant, Mr., is (not) released from their obligations. xxxx”:

If the landlord agrees that the remaining tenant is the only person responsible for the rent, obviously they omit the "not", otherwise they include the not if they are unsure that remaining tenants will meet payments for the monthly rent. 

All variations must be registered

Given that any modification to the contract is subject to €67 registration fee and must be done within 30 days of the occurrence of the facts, when a tenant leaves the property it must be communicated to both the landlord and the Agenzia delle Entrate, by settling this amount,

A written record must be kept that the landlord agrees to the change and also the declaration of the release of the keys by the person leaving Also the release of the security deposit (see below) must be settled in writing.

The contract, in this case, does not change and must not be re-signed.

If within 30 days you find another roommate, it is also possible to make a single communication so that you pay the 67 euros only once and include the data of the new tenant along the data of the leaving llase co-holder.

When a new tenant is found, another communication must be made to the registry office with the data of the new tenant, citing the registration details of the relevant contract, upon payment with Form F24 of the fixed fee of €67.00 + 16€ duty stamp fee.

The data of the new tenant must then also be communicated to the condominium administrator for the management of the condominium registry.

The contract thus continues to be in effect without changes, technically it "voluntary partial transfer" of the contract, to which the parties must give consent.


About the refund of the deposit

Whoever leaves will be entitled to the refund of half of the deposit paid at the time.

It is also up to the roommates to decide how to settle between them but the landlord must have availability of the entire deposit unchanged. Therefore, if 50% of this amount is returned to the leaving lease co-holder, those who remain will have to supplement the deposit out of their own pockets.