Order for the Restitution of Leased Property and Payment of Rent: Legal Framework and Procedure

18 Feb Order for the Restitution of Leased Property and Payment of Rent: Legal Framework and Procedure

The order for the restitution of leased property and payment of rent is a significant legal tool available to landlords for the protection of their rights in cases where the tenant fails to pay the rent. The purpose of this procedure is to swiftly restore the landlord’s financial position and regain possession of the leased property.

Legal Framework

The order for the restitution of leased property is governed by Articles 637 to 645 of the Greek Code of Civil Procedure (ΚΠολΔ), as amended and currently in force. It is a special procedure that allows landlords to quickly evict a tenant and secure payment of outstanding rent without the need for a full trial, providing a more immediate and effective solution.

Prerequisites for Issuance

To obtain an order for the restitution of leased property and payment of rent, the following conditions must be met:

• Written Lease Agreement: The existence of a written agreement between the landlord and tenant is mandatory.
• Outstanding Rent: The tenant must have failed to pay the agreed rent on time.
• Extrajudicial Notice: The landlord must serve an extrajudicial notice to the tenant, granting a 15-day deadline for settling the outstanding amounts.
• Proof of Non-Payment: The delay in rent payment must be evidenced by documents such as payment receipts or bank statements.

Consolidated Claims Under Article 645 of the Code of Civil Procedure

In an application for an order for the restitution of leased property, the landlord may also include a request for the payment of outstanding rent and additional expenses related to the property, such as common charges, fees, and utility bills. The requirement for consolidating such claims is the existence of sufficient documentary evidence, including public or private documents (e.g., utility bills or common area expenses). This provision enables landlords to comprehensively claim their financial entitlements within the same procedure, avoiding the need for additional legal actions.

Issuance Procedure

• Filing of Application: The landlord, through their attorney, submits an application to the competent court.
• Judicial Review: The judge examines the submitted documents, and if all legal requirements are met, issues the order for the restitution of leased property and payment of outstanding rent. If the application is lawful and the required facts are sufficiently proven by documentary evidence, the order compels the tenant to return possession of the property to the landlord and pay the outstanding rent.
• Service to the Tenant: The order is served to the tenant via a court bailiff, who has 15 working days to challenge it by filing an opposition.
• Enforcement of the Order: If no opposition is filed, the order automatically becomes enforceable, allowing the landlord to proceed with the tenant’s eviction through a court bailiff. Even if an opposition is filed, it does not suspend enforcement unless the tenant also submits and successfully obtains a suspension order from the competent court.

Tenant’s Opposition and Legal Remedies

The tenant may challenge the order by filing an opposition within 15 days of its service. The most common grounds for opposition include:

• Proof of rent payment
• Dispute over the amount claimed
• Violation of procedural requirements (e.g., unlawful extrajudicial notice)

If the opposition is lawful, well-founded, and timely filed, the court may annul the order for the restitution of leased property. Otherwise, the opposition is dismissed, and the order remains in force.

Conclusions

At our law firm, which specializes in lease-related disputes and legal claims, we understand the importance of efficiently and effectively handling such matters. The procedure for issuing an order for the restitution of leased property and payment of rent is a powerful tool for landlords, ensuring the protection of their rights without lengthy court proceedings. If you are facing issues with unpaid rent or recovering possession of your property, you can schedule a consultation with our team to assess your case and guide you toward the optimal legal solution.