Mistake in the lease agreement: how to correct or cancel it

The procedure for correcting errors in a lease agreement (location) in Italy directly depends on whether you have already registered the document with the Tax Service (Agenzia delle Entrate) or not.

1. English: The contract has NOT been registered yet (a simple case)

If the tax office has not yet received the documents, it is very easy to correct the inaccuracy:

If the contract is in electronic form: simply edit the text on your computer, print it out again and sign it.

If the contract has already been printed on paper: carefully cross out the error with a pen, write the correct information next to it, and both parties (the owner and the tenant) must sign (sign) in the margins next to the correction.

2. The contract has ALREADY been registered (three scenarios)

If the document has already been sent to the tax office, you cannot correct anything manually. Depending on the type of error, you need to act in one of three ways:

A. Serious errors in the text (requires an additional agreement)

If you made a mistake in important terms - for example, incorrectly indicated the annual rent, distribution of utility costs, forgot to include a garage/basement, or mixed up the personal information of the parties - you will have to draw up an official corrective agreement (scrittura privata di rettifica).

It must include:

Full personal information of the landlord and tenant.

Initial registration details of the agreement (date, series, protocol number, and tax department code).

Corrected version of the clause (clear wording instead of the erroneous one).

Deadlines and costs:

The agreement must be registered within 30 days of signing.

If the amendment does not change the total rental amount or its duration, the state fee (imposta di registro) is fixed - 200 euros (paid via form F24 Elide, tax code 1500).

Taxes: If the agreement is on the Cedolare Secca (fixed tax) regime, then you do not need to pay stamp duty (stamps). If the usual regime (IRPEF), you will have to buy revenue stamps for 16 euros (one stamp for every 4 pages or 100 lines of text).

B. Errors in cadastral data (in the RLI form)

If the paper contract itself is drawn up correctly, but when sending it online you made a mistake in the cadastral numbers of the property (foglio, particella, subalterno), the procedure is simpler:

How to fix: You can enter the correct data without any penalties in Sheet C (Quadro C) of the RLI form during the next subsequent registration (for example, when paying the tax for the next rental year, renewal or early termination).

Price: It's absolutely free.

B. Typos or errors in choosing a tax regime

If the numbers in the tax codes (Codice Fiscale) are mixed up in the online RLI form, or you accidentally did not tick the Cedolare Secca regime (although it is clearly stated in the paper contract itself):

How to fix: You must submit a written request to correct the error (istanza in autotutela). Attach a copy of the correct contract, the erroneous registration receipt, and the passports of the parties.

How to send: Via the Civis online service, by email PEC to your tax office, or in person to an employee at the window. This is also free.

3. When can a contract be completely voided due to an error?

Sometimes an error is not just a typo, but a serious misconception that influenced the decision to sign the document. A contract can be voided in court only if the error is both material and obvious to the other party.

The error must be essential.

This means that if you had known the truth, you would never have signed the contract. The law distinguishes 4 such cases:

The essence or object of the transaction: You thought that you were renting an apartment, but according to the documents you signed a purchase in installments.

Properties of the object: You rented the premises, being sure that it was residential, but according to the cadastral register it is commercial real estate (office or store), where you cannot live.

The identity of the tenant: You rented the apartment to a person, thinking that he was a respectable and wealthy specialist, but he turned out to be a completely different person without income.

Legal error (error in law): You rented land to build a warehouse, not knowing that local law strictly prohibits any construction on this site.

The error must be obvious (riconoscibile)

The other party, with ordinary care, should have realized that you were mistaken:

If the mistake could have been noticed: The contract is annulled to protect the one who made the mistake.

If the mistake could not have been noticed: The contract remains in force to protect the other party, acting in good faith and not at fault.