Action for the Recovery of Leased Property (Eviction Lawsuit in Greece): What It Is, When It Is Filed, and What You Need to Know
An action for the recovery of leased property is one of the most important legal remedies available to a landlord (property owner) when a tenant refuses to vacate and return the property after the expiration or lawful termination of a lease. In practical terms, it is the primary court action (lawsuit) used to regain possession of real estate in Greece and is particularly common in commercial and residential lease disputes.
A proper understanding of when and how an eviction action is filed in Greece is crucial, both for safeguarding the landlord’s rights and for avoiding procedural mistakes that may significantly delay the removal of the tenant.
What Is an Action for the Recovery of Leased Property
An action for the recovery of leased property is the legal action by which the landlord asks the court to order the tenant to deliver possession of the leased premises. It is filed when the lease has expired or has been lawfully terminated and the tenant continues to occupy the property without legal entitlement.
The primary purpose of this action is the recovery of possession and use of the property by the landlord. Financial claims, such as unpaid rent or compensation for damages, are legally distinct; however, they may often be joined in the same lawsuit, provided that the statutory conditions for joinder are met.
When an Action for the Recovery of Leased Property May Be Filed
An action for recovery of leased property may be filed, in particular, in the following cases:
- when the agreed lease term has expired,
- when the lease has been lawfully terminated,
- when the tenant refuses to vacate the premises,
- when the lease has been dissolved due to contractual breaches.
Special caution is required in commercial leases, as they are governed by specific statutory provisions regarding duration, termination, and tenant protection.
Pursuant to Article 599(1) of the Greek Civil Code, upon the expiration of the lease, the tenant is obliged to return the leased property to the landlord in the condition in which it was received. This obligation arises automatically once the lease relationship ceases, either due to the lapse of the agreed term or following its lawful termination for any legitimate reason, such as, indicatively, ordinary or extraordinary termination for serious cause, destruction of the property, or compulsory expropriation.
The obligation to return the leased property does not constitute an independent extra-contractual duty, but derives directly from the lease agreement itself, even if the lease has already expired or been terminated. Accordingly, the landlord’s claim for recovery of possession is a contractual claim, arising automatically upon the cessation of the lease relationship.
More specifically, upon the expiration of the lease, the tenant’s former right to use and enjoy the property is automatically replaced by the obligation to return possession and use to the landlord. This legal transformation occurs without the need for prior notice or demand by the landlord.
At the same time, the tenant must deliver the property in the condition in which it was received, taking into account the agreed use. Any damage exceeding normal wear and tear must be repaired by the tenant at their own expense. This obligation forms an integral part of the duty to return the property and aims at restoring full possession to the landlord without unlawful deterioration.
Failure to return the property after the expiration or termination of the lease constitutes a breach of contractual obligation and entitles the landlord to seek judicial recovery of possession, as well as compensation for any related damage.
Difference Between an Action for Recovery of Leased Property and a Claim for Unpaid Rent
It is important to distinguish between:
- an action for recovery of leased property, which concerns exclusively the return of possession of the premises, and
- an action for unpaid rent, which concerns purely monetary claims.
In practice, the two claims may be combined in the same court action, provided that the legal requirements are satisfied.
Court Procedure in Greece
An action for recovery of leased property is filed before the competent Single-Member Court of First Instance, both ratione materiae and ratione loci, as lease disputes fall within its jurisdiction. Following the unification of first-instance civil jurisdiction in Greece, Magistrates’ Courts no longer operate as courts of first instance in civil matters.
The court examines, in particular:
- whether the lease has expired or been lawfully terminated,
- whether the tenant occupies the property without legal entitlement,
- whether all statutory requirements for termination have been met.
If the action is upheld, the court issues a decision ordering the eviction and recovery of the leased property.
Enforcement of the Court Decision (Eviction Process)
If the tenant does not comply voluntarily, the landlord may proceed with forced enforcement (eviction) through a judicial bailiff. The enforcement process results in the removal of the tenant and the physical delivery of the property to the landlord.
Alternative and Faster Procedures
In certain cases, Greek law provides faster eviction procedures, in particular the order for the recovery of the use of leased property (Articles 637 et seq. of the Greek Code of Civil Procedure), subject to strict conditions:
- Due to tenant default (non-payment of rent):
A formal written demand must be served by a judicial bailiff at least 15 days prior to filing the application.
If the tenant pays the outstanding rent within this 15-day period, issuance of the order is precluded, unless there is repeated default due to bad faith. - Due to expiration of a fixed-term lease:
The landlord must serve an extrajudicial notice demanding delivery of the property at least three (3) months before the end of the lease term (or, if the lease has become indefinite after expiration, at least three (3) months before service of the order).
In leases that have become indefinite, forced enforcement may commence two (2) months after service of the order. - As of 1 January 2026, the authority competent to issue the order for recovery of the use of leased property is a lawyer, pursuant to the amended Article 638 of the Greek Code of Civil Procedure.
These expedited procedures do not apply automatically to all factual scenarios and always require case-specific legal assessment.
Why Proper Legal Guidance Matters
Although common in practice, an action for recovery of leased property involves procedural pitfalls. Errors in termination, improper choice of legal remedy, or procedural omissions may lead to:
- dismissal of the action,
- delays of several months,
- increased legal costs.
The assistance of a lawyer experienced in lease and eviction disputes is therefore essential.
Conclusion
An action for the recovery of leased property is the principal legal mechanism available to landlords when a tenant unlawfully retains possession of real estate. Timely and properly structured legal action can save time, money, and unnecessary litigation.
Each case is different and requires individualized legal assessment.
Frequently Asked Questions (FAQ)
How long does an action for recovery of leased property take?
The duration depends on the court and the applicable procedure, but it usually ranges from several months to longer.
Can I file an action if the tenant owes rent?
Yes. The action may be combined with a claim for unpaid rent.
Is an extrajudicial termination mandatory before filing the action?
It depends on the legal basis of the recovery. If recovery is based on termination, a valid termination must precede. If based on expiration of a fixed-term lease, termination is not required. Special conditions apply to expedited eviction orders.
What happens if the tenant does not leave after the court decision?
Forced enforcement follows through a judicial bailiff.
Do the same rules apply to residential and commercial leases?
Not always. Commercial leases are subject to a more specific legal framework.
Each case has its own particularities and requires proper legal assessment based on the specific facts and the applicable legal framework.
Karpouzis–Lianou & Associates Law Firm undertakes the evaluation and handling of lease and eviction matters with responsibility and legal precision. Contact us to review the specifics of your case.
This article is for informational purposes only and does not constitute legal advice. Each case requires individualized legal assessment based on its particular facts and the applicable legal framework. For tailored legal advice, please contact our firm.
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