Real Estate and Rental Scams: How to Protect Yourself and When to File a Complaint (2026)

The Italian real estate market, especially in major university cities or tourist destinations, is unfortunately fertile ground for fraudsters. Behind an attractive listing or a suspiciously affordable rent, a complex legal trap may be lurking. Knowing how to file an effective complaint is not just a right — it's a necessity for protecting your assets and your dignity.

The scourge of real estate scams in Italy

Court records are full of cases involving so-called "property scams". In Italy, the phenomenon mainly manifests through fake listings on well-known portals, where photos stolen from foreign websites are used to advertise non-existent properties. The supposed landlord often claims to be abroad and requests an immediate bank transfer to "secure the deal" — this urgency is the first red flag of a scheme designed to collect deposits from multiple victims.

But property fraud also includes failing to return the security deposit and disappearing when there is no legal right to retain it — whether the rental agreement was formally registered or an unregistered ("in nero") arrangement.

When a wrong becomes a crime: fraud or simple breach of contract?

Not every dispute between a tenant and a landlord has criminal relevance. The fundamental distinction lies in the concept of deceit or misrepresentation — the constituent elements of the offence of fraud under Article 640 of the Italian Criminal Code:

• Criminal offence: occurs when there is premeditated deception (e.g. selling or renting a property that does not belong to the person or does not exist).
• Civil wrong: if the landlord is genuine and the contract is real, but a dispute arises over maintenance or the return of the deposit without initial fraudulent intent, the matter falls within civil law.

The unreturned deposit: is it misappropriation?

Many people wonder whether a landlord who withholds the security deposit without justification is committing a crime. Case law has clarified that, if the sum is retained with the awareness of having no right to it, the offence of Misappropriation (Art. 646 of the Criminal Code) may apply.

However, if the landlord claims there is damage to the property (even alleged damage), the matter usually reverts to civil law. Filing a complaint is still worthwhile as it puts pressure on the other party and establishes the facts with a certain date.

Unregistered rentals: between administrative penalties and criminal liability

Renting a property without registering the contract with the Italian Revenue Agency (Agenzia delle Entrate) is primarily a tax evasion offence subject to heavy administrative penalties. It can, however, spill over into criminal law if accompanied by threats, extortion, or if it is part of an exploitation scheme.

Even in the case of unregistered rentals, failing to return the deposit may constitute misappropriation, given the appropriate evidence. Remember: an unregistered contract is void under civil law and, while it exposes the tenant to significant risks, it does not strip them of the right to report any abuse.

Specific cases where you can and should file a complaint

A complaint is the instrument for informing the Judicial Authority of a fact that constitutes a crime. You should proceed if:

• You paid money for a property that turned out not to exist
• The landlord used false documents or fictitious identities
• You are being threatened to vacate the property or to pay amounts not provided for in the contract
• The landlord has taken possession of your personal belongings left inside the property

Essential evidence to gather

For a complaint to be effective, it must not be vague. The Judicial Police need concrete elements. Make sure you preserve:

• Full screenshots of the listing, including the URL and the date it was viewed
• Copies of bank transfers or receipts for any payments made
• Chat histories on WhatsApp, email, or Telegram
• Identity documents provided by the other party (even if likely fake, they are useful for technical investigations)

How to file a complaint: traditional and digital channels

Traditionally, you visit a Police station or a Carabinieri command, where an officer drafts an official complaint report. The receiving officer then forwards the documents to the Public Prosecutor's Office for the opening of a case file. This is a delicate moment: the facts must be described chronologically and precisely.

Alternatively, it is now possible to file a complaint online through specialised services such as iltuolegaleonline.it. This approach offers concrete advantages:

• The document is reviewed by experts before submission, reducing the risk of legal omissions that could lead to the case being archived
• Filing is carried out through dedicated professional digital channels, with the same legal value as a handwritten signature
• No waiting at the police station: the entire procedure is completed remotely

What happens after filing a complaint?

Once the complaint is filed, preliminary investigations begin. In the case of online fraud, the Postal Police will attempt to trace the scammer's IP address and financial flows. Even though recovering money is not automatic (it often requires joining the criminal proceedings as a civil party), the complaint is the indispensable prerequisite for freezing the fraudster's accounts and preventing other people from falling into the same trap.

Preventive tips against real estate scams

Prevention is the best defence. Before making any payment:

1. Reverse-search the listing photos on Google Images to check whether they appear in other foreign listings
2. Request a video call inside the apartment before any payment
3. Be wary of untraceable payment methods such as prepaid card top-ups or money transfers (Western Union)
4. Run a land registry search (visura catastale, which costs just a few euros) to verify who the real owner of the property is

Conclusion: do not stay silent

Falling victim to a scam often triggers a sense of shame, but it is important to react. Italian law provides concrete tools for protection, but timing is everything. If you have been the victim of fraud, or if your landlord is unlawfully trampling on your rights, acting with the support of professionals can make the difference between a total loss and obtaining justice.