Rental problem - unsure of Italian Law

I never put down money in Italy if I ever hope to get it back.  I am not an expert but I would say your chances are extremely slim....Abruzzo

 You should receive quiet enjoyment of the property, but the neighbours loo is not your landlords fault, so Im afraid there is very little you can reasonably do.  I think 540 in agency fees is outrageous though, usualy its at most 1 months rent.  Short of spending the next ten years in court, you should walk away, but it might be worth appealing to your landlord directly. 

As you've already paid for the flat - can you sub-let it? .

What could you have done if you had bought the flat? Nothing I suppose!!! In the UK I am told "quiet enjoyment" is not so simple.  You or your landlord would have had to complain to the local authority and they would send a noise compliance officer to monitor the noise level.  If the noise exceeds a certain level that they consider acceptable they would send a compliance notice.  What could the Local Authority have done?   Perhaps they could ask the neighbour to soundproof the toilet room partition wall or install a noiseless toilet valve.  They could ask the complainant to soudproof the partition wall if the noise were acceptable but still causing a nuisance.  Soundproofing and repainting a toilet partition wall cost a lot less than the lost deposit.   Legislation about the soundproofing of floors in flats and, where necessary patition walls, have only recently been introduced in Italy and all newly built flats have to comply.  The position is exactly the same in the UK.  I am told that a distinction has to be made between a public and a private nuisance in the UK.  Can the toilet noise be heard by all the people in the other flats in the condo, if so, then clearly it is a public nuisance and will be dealt with as such.  In any case, you will need evidence of the noise.  Try and record it as it is keeping you awake and then have a conversation with the landlord.I am not up-to-speed yet on landlord/tenants law in Italy.  Natural justice indicates that it would be unfair for the landlord to market the flat now and get a new tenant immediately to replace you and to pocket the deposit.  He will be much better off with you gone than you staying.  You should try and put him in a position of no loss. You could negotiate with him that you pay for the agent's fee to get a new tenant and pay for the rent for the void period.  If you say demand is good for flats then the agents should have no problem finding new tenants.  Staying is a better option, if you say demand is high for flats: the new flat you get may be one nobody wants (next time you rent ask how long the flat has been on the agent's books)! As for the repairs if you decide to stay tell the agents you will get some estimates to have them done.  Present them to him and say they if the repairs do not get done within say a fortnight you will get them done yourself and take the money from the rent. (they control the deposit they can get you at the end of the contract). You could also offer to put quiet valves in the toilet next door (it is not that expensive, talk to a plumber)!  I presume the flat belongs to your landlord.  Pay him to do so. It is a lot less than losing 3000Euro!Do not sub-let you will be breach of your contract terms!Good luck!     

 With regards to "quiet enjoyment" I don't think you've got a leg to stand on.But if the contract states you have to give 2 months notice and you have given 2 months notice (paying for those months) then you should have your deposit back. That really is black and white. What does the agency say? Try and get them to earn their fees, to step in and mediate which is what the Italian mediatore is supposed to do. They will gain from re-letting the property again once you have gone, so try to get them to step in and help.  

 great advice serge

I hope you found the support you needed to solve this problem and I am curious to know how it ended. There must be a law that protects the rights of the landlords and tenants, after all this is a business, and some regulations need to apply here. I know one can have landlords insurance, based on the same principles I am sure there's also tenants insurance. This kind abuses shouldn't be allowed by the law.

ever heard of plugs in your lugs after a bottle of good wine.