Tenant Eviction Law in Greece
Tenant Eviction Law in Greece
Tenant eviction Law in Greece is very simple and pro-tenant. The Greek Civil Code enacted in 1945, in particular articles 574 to 618 forms the basis of Greece Property Law. Statue of 1987 supplemented it, but it was allowed to lapse on 30-06-1997.At present only a few provisions regarding the tenure of the rental agreement and rental adjustment are in force. Hence it took 8 to 12 months for evicting a tenant. However, of late, the tenant eviction process has been rather simplified involving only 2 ½ months.
At present a rental agreement entered into between a land lord and a tenant forms the basis for evicting a tenant in Greece.
A rental agreement entered into between a land lord and a tenant pertaining to a property meant for residence is valid for 3 years and if the rental agreement is entered into between a land lord and his tenant pertaining to the land lord’s property for commercial use, the agreement is valid for 12 years. But there is no maximum limit for rent. But after the monthly rental is arrived at and fixed, 2 months rent is fixed as deposit which is refundable by the land lord at the time of vacating the rental premises by the tenant.
Once a rental agreement is executed between the land lord and the tenant, it should be registered with the tax authorities within 30 days.
The land lord cannot increase the annual rent of his rented property according to his whims and fancies but only on the basis of last twelve months CPI (Consumer Price Index).
After entering into a rental agreement both the land lord and the tenant are under certain obligations. The land lord should permit the tenant to use the rental premises as per the terms of the agreement and should keep it in good condition by providing the requisite repairs as and when required, pay the taxes and meet other expenses of the property. The tenant should pay the rent regularly to the land lord, keep the rental premises in good condition without causing any damages and abide by the provisions of the rental agreement.
The tenant pays the monthly rent by depositing it into the bank account of the land lord. The land lord can also engage the services of a power agent, who is preferably a lawyer with a specialized knowledge for managing his property, collecting the rent and take steps for evicting the tenant, if the tenant defaults from paying the rent.
The land lord is entitled to evict the tenant, even before the stipulated agreement period of 3 years, provided he requires his building for the purpose of renovation or own use. However, he must issue a one month notice for evicting his tenant. If the three years tenure is expired as per the rental agreement, the lease term automatically expires. If the tenant overstays in the rental premises beyond the three years period,a new rental agreement is required.
The land lord is entitled to evict his client, if the tenant fails to keep the rented property in good condition and the tenant defaults from paying the monthly rental charges.
In order to evict the tenant, the land lord may file a petition in a court of law. There is no any specific procedure followed by the court in the eviction process. An order of eviction issued by a judge should be enforced within 20 days.
If a tenant is died in the rental premises, his legal heirs may continue to occupy the rental premises or reject the rental agreement. If the land lord evicts the tenant before the completion of three years tenure, the land lord may have to pay the tenant a compensation of 24 months rent. However, the land lord need not pay any such compensation, if the tenant vacates the rental premises at his will or if the tenant happens to be a doctor or a mechanic.
Thus Tenant Eviction Law in Greece is very simple and remains tenant protectionist.