Lawyers for Leases & Evictions – Legal Guidance for Landlords and Tenants
Real estate leases—whether for residential or commercial premises—are among the most common transactions in everyday legal practice. Despite their apparent simplicity in theory, in practice they often give rise to serious disputes: rent arrears, breach of contractual terms, premature departure, termination of the lease, and eviction proceedings.
The involvement of an experienced real estate lawyer in lease and eviction matters is crucial, both for prevention and for the effective resolution of disputes.
The Legal Framework for Leases
Leases are governed primarily by:
• the Greek Civil Code (Articles 574 et seq.)
• special provisions applicable to residential leases (in particular, the minimum statutory duration for a principal residence)
• special provisions applicable to professional/commercial leases (Presidential Decree 34/1995, as in force, and subsequent regulations, in particular regarding the minimum three-year term for new leases)
Under Article 574 of the Greek Civil Code, a lease is the contract by which the lessor grants the use of an asset to the tenant in consideration of an agreed rent.
Drafting and Reviewing the Lease Agreement
A lawyer’s role begins at the drafting stage.
A properly drafted lease should include:
• precise description of the property
• lease term
• rent amount and payment method
• late-payment clauses
• termination provisions
• maintenance and handover/return provisions
Sound legal drafting significantly reduces the risk of future disputes.
Most Common Issues in Leases
- Late payment or non-payment of rent
Persistent delay is the most frequent reason for legal action. - Damage to the property
Beyond ordinary wear and tear, the tenant is liable for damage. - Premature departure
In residential leases, the minimum duration is generally three years, even if a shorter term was agreed. - Refusal to vacate upon expiry
In such cases, the eviction/possession recovery procedure is triggered.
Eviction Procedure (Recovery of Possession)
In practice, “eviction” refers to the recovery of possession of the leased premises, which may be pursued either through an Order for the Restitution of Leased Premises (Article 637 et seq. of the Greek Code of Civil Procedure) or—where the statutory requirements are not met—through a lawsuit for recovery of possession (lease dispute proceedings).
As of 1 January 2026, the Order for the Restitution of Leased Premises (as well as payment orders) is issued by an appointed lawyer, under the new rules and transitional provisions (applications filed up to 31 December 2025 were issued by a judge).
There are two main routes:
-
Order for the Restitution of Leased Premises (Fast-Track)
This is a fast-track procedure where:
• there is written evidence of the lease (and, where required, written evidence of its expiry), and
• the specific requirements of Article 637 of the Code of Civil Procedure are met, depending on the case (rent arrears due to tenant default or expiry of the lease term)
In such cases, restitution of possession may be sought without filing a lawsuit.
(a) Order due to rent arrears (tenant default):
A prerequisite is service of a written notice through a bailiff. The application may be filed after at least 15 days have elapsed from service of the notice, provided the ground for issuance has not been remedied.
(b) Order due to expiry/end of the lease term:
As a specific prerequisite, the landlord must serve an out-of-court notice demanding surrender of the premises at least three (3) months before the contractual expiry date (and, where the lease has become of indefinite duration, at least three (3) months before service of the order, as more specifically provided by law).
-
Lawsuit for Recovery of Possession
A lawsuit is filed when:
• the requirements for an order are not met,
• there is a substantial factual/legal dispute making an order inappropriate, or
• the case does not fall within the specific conditions of Article 637 (in particular, regarding the required written evidence/pre-procedure)
This route is generally more time-consuming.
The Lawyer’s Role in Evictions
An experienced lawyer:
• drafts the out-of-court notice
• drafts and signs the application, assembles the complete documentary file for the restitution order, and submits it to the appointed lawyer (procedure in force from 1 January 2026)
• monitors the enforcement stage
• calculates outstanding amounts and interest
• protects the landlord from legal and procedural errors
Choosing the appropriate route saves time and cost.
Tenant Rights
Tenants also have rights, including:
• requesting a payment timeframe
• challenging an unlawful termination
• invoking invalid contract clauses
The law seeks to maintain a fair balance between landlord and tenant.
Professional / Commercial Leases
Commercial leases are subject to specific rules. Termination for own use, redevelopment, or breach of terms requires careful handling. Legal guidance is essential, especially where business interests are involved.
Compensation and Outstanding Amounts
A landlord may claim:
• outstanding rent
• common expenses/service charges
• compensation for damage
• default interest
Such claims may be pursued alongside recovery of possession.
Preventing Disputes
Proper legal drafting helps avoid eviction proceedings. Key measures include:
• a well-structured lease agreement
• checking the tenant’s financial reliability
• clear contractual clauses
• prompt action in case of late payment
Eviction Timeline & Costs
How long does an eviction take?
The fastest way to remove a tenant is the Order for the Restitution of Leased Premises (Articles 637–645 of the Code of Civil Procedure), applicable when there is a written lease and either documented rent arrears or the lease term has expired.
The procedure typically unfolds as follows:
- An out-of-court notice is served on the tenant.
- In cases of arrears, a written notice is served by a bailiff and, after at least 15 days have elapsed from service (provided the ground has not been remedied), an application for an Order for Restitution of Possession is filed (Article 637).
- The order is issued after review of the file and statutory conditions by the appointed/certified lawyer, under the framework in force from 1 January 2026.
- After service of an enforceable copy together with a formal demand for enforcement, enforcement may take place after 20 days (Article 640) in restitution orders based on rent arrears (tenant default).
For restitution orders issued due to expiry/end of the lease term, enforcement may begin after two (2) months from service of the order on the tenant.
Overall, a landlord may obtain an enforceable title within a relatively short period. In practice, the duration depends on various factors such as the completeness of the documentary file and any legal challenges.
If there is no written evidence of the lease (or if the requirements for an order are not met), a lawsuit for recovery of possession must be filed and is heard under the special lease dispute procedure (Articles 647 et seq. of the Code of Civil Procedure). This is usually more time-consuming than an order.
What is the cost?
Costs typically include:
• drafting and service of the out-of-court notice (through a bailiff)
• filing the application for a restitution order
• service of the order
• legal fees
• bailiff fees for enforcement
What about utility debts and common expenses?
In lease matters, outstanding rent, common expenses, and amounts contractually borne by the tenant may be pursued depending on the legal basis of the claim and the available documents. The possibility of cumulative claims (e.g., alongside recovery of possession) and the appropriate procedural route (payment order/lawsuit, etc.) depend on the documents and the wording of the lease.
Can a tenant be evicted without a written lease?
A restitution order requires written evidence of the lease. Without a written agreement, the fast-track procedure does not apply. In that case, the landlord must file a lawsuit for recovery of possession.
Eviction due to owner’s own use (principal residence)
In residential leases, owner’s own use is not, as a rule, an independent legal ground for terminating the lease during the protected minimum period; the type of lease and its terms must be assessed. In professional/commercial leases, termination for own use may be possible under certain conditions, based on the applicable special framework.
Sale of a Leased Property
Under Article 614 of the Greek Civil Code:
• the new owner steps into the rights and obligations of the lease, and
• a prerequisite is a lease agreement with a certain date.
If the statutory requirements are not met, termination may be possible.
Auction of a Leased Property
Following an auction:
• for residential property, where there is a valid lease with a certain date, the new owner is bound.
• the fate of the lease and termination options depend on factors such as the timing of the lease (e.g., before or after seizure) and the applicable legal framework. Deadlines are not uniform and the specific case must be reviewed.
Damage – Who Pays?
Under Articles 599 and 600 of the Greek Civil Code:
• the tenant is liable for damage beyond ordinary wear and tear, and
• the landlord must keep the premises suitable for the agreed use.
If damage goes beyond normal wear and tear, the owner may seek compensation through legal action.
Lease Duration
For principal residence leases, a minimum duration of three (3) years generally applies, even if a shorter term was agreed. For professional/commercial leases, special rules apply and the duration depends on the governing framework and the parties’ agreement; therefore, the specific lease must be reviewed.
Expiry of the Lease and Failure to Vacate
Upon expiry of the lease, the tenant must return the property.
If the tenant does not vacate:
• under certain conditions, tacit renewal may occur and the lease may be deemed renewed for an indefinite period if the tenant continues using the premises and the landlord is aware and does not object (Article 611 of the Greek Civil Code).
• if the landlord objects/terminates or the conditions for tacit renewal are not met, the landlord may seek recovery of possession through the legal means available (order, where applicable, or lawsuit).
Frequently Asked Questions (FAQ)
- How long does an eviction take?
With a restitution order, the process is generally faster than a lawsuit. In practice, the timeframe depends on factors such as the completeness of the file and any legal challenges. - Can I change the locks myself?
No. Self-help is prohibited and may lead to criminal consequences. - Is an out-of-court notice required before eviction?
Yes, it is required for the restitution-order procedure. - What if the tenant pays after the notice?
If the tenant pays within 15 days, the process stops. - Can I claim unpaid rent together with eviction?
Yes, such amounts may be pursued in parallel. - Does the three-year minimum apply to all residential leases?
In standard residential leases, a minimum duration generally applies even if a shorter period is agreed, with exceptions depending on the type of contract. - Can I terminate the lease before it expires?
Only for a lawful reason or under a specific contractual agreement. - What about the security deposit?
It is returned provided there are no outstanding debts or damage. - Can the tenant claim compensation?
Yes, if the termination is unlawful. - Is a lawyer mandatory?
In practice, yes—because the procedure is complex and requires expertise.
Practice Areas – Real Estate & Lease Services
Our firm provides comprehensive legal support in civil law matters, with a strong focus on real estate law and lease disputes. Our extensive experience ensures responsible guidance both in preventive advisory work and in litigation when needed.
Drafting Contracts and Legal Documents
We handle the drafting and review of private agreements and contracts, including:
• property sale and purchase transactions
• notarial deeds and preliminary agreements
• residential and commercial leases
• special terms in commercial agreements
Proper drafting is key to preventing future disputes.
Title Deed & Legal Due Diligence
We carry out full title deed due diligence at Mortgage Registries and Land Registry/Cadastre Offices, reviewing:
• lawful ownership
• encumbrances (mortgages, prenotations, seizures)
• pending third-party claims
• accuracy of cadastral records
We also assist with obtaining all required certificates.
Cadastre Matters
We provide support for:
• filing objections
• correcting initial registrations
• correcting errors and obvious mistakes
• judicial recognition of ownership
Timely legal intervention helps prevent loss of rights.
Real Estate Litigation
We handle:
• ownership claims
• possession actions
• adverse possession claims
• partition actions
• actions for establishing or recognizing rights of way (easements)
Our aim is the effective protection of real rights.
Lease Disputes & Evictions
We manage all types of disputes between landlords and tenants, including:
• drafting and amending lease agreements
• lease terminations
• payment orders for outstanding rent
• restitution orders
• collection of unpaid rent
• actions for eviction and compensation
We provide prompt and effective legal action, with a focus on swift resolution.
Horizontal & Vertical Property Regimes
We support legal matters relating to:
• establishing horizontal/vertical property regimes
• drafting and amending building regulations
• co-owner disputes
• legal support in general meetings
Encumbrances
We handle procedures for:
• lifting or cancelling prenotations of mortgage
• deleting mortgages
• regulating real encumbrances
Comprehensive Legal Support
Our approach is integrated:
preventive due diligence – strategic legal guidance – court representation when required.
Our goal is to safeguard your rights with security, speed, and legal accuracy.
Conclusion
Leases and evictions are a complex area of civil law with significant financial implications. Timely legal intervention prevents long-term disputes and protects the interests of both landlords and tenants.
Working with an experienced lawyer in lease matters ensures sound guidance, effective enforcement, and efficient dispute resolution.
This article is for informational purposes only and does not constitute legal advice. Each case requires an individual assessment based on the specific facts and the applicable legal framework. For tailored legal advice, please contact our firm.
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