Recovery of Possession Following Lease Expiry in Greece: The Order Procedure

The expiry of a lease does not always result in the voluntary and timely surrender of the property. A tenant may remain in possession after the agreed term has elapsed, while the landlord intends to recover the premises for reletting, personal use, sale or another form of commercial exploitation.

Under the current Article 637 of the Greek Code of Civil Procedure, the special order for recovery of possession of leased premises is no longer limited to cases involving non-payment of rent. It may also be sought where the fixed term of the lease has expired or where a fixed-term lease continued as an indefinite-term lease after its expiry.

This procedure does not create an automatic or self-executing eviction. The landlord must establish the legally effective expiry of the lease, comply with the mandatory three-month notice requirement, provide sufficient documentary evidence and observe the specific rules governing service and enforcement.

What is an order for recovery of possession?

The Greek order for recovery of possession of leased premises — diatagi apodosis tis chrisis misthiou — is a special document-based procedure through which a landlord may obtain an enforceable title for the surrender of the property, provided that the statutory requirements are met.

Unlike a full action for possession, the procedure does not initially involve a full evidentiary hearing. The application is primarily determined on the basis of the documents submitted by the landlord.

The application must accurately identify the premises, state the legal ground on which possession is sought and be supported by the lease document, the formal service report relating to the extrajudicial notice and any other relevant documentary evidence.

Once issued, the order constitutes an enforceable title. Where the order is based on lease expiry, however, enforcement is subject to a special two-month waiting period under Article 640 of the Greek Code of Civil Procedure.

When may the order be requested following lease expiry?

Article 637 provides for two distinct situations.

1. Expiry of a fixed-term lease

The first situation concerns a lease agreed for a defined period whose legally effective term has elapsed.

Under Article 608 of the Greek Civil Code, a fixed-term lease expires when the agreed term passes, without the need for termination. However, to use the order procedure under Article 637, the landlord must have formally served an extrajudicial demand for surrender of the premises at least three months before the expiry of the fixed term.

It is therefore insufficient for the landlord to wait until the lease has expired and only then consider the order procedure. The legal and procedural planning should begin at least three months before the actual legally effective expiry date.

2. A fixed-term lease that continued as an indefinite-term lease

The second situation concerns a lease that was originally concluded for a fixed term but continued as an indefinite-term lease after the original term expired.

Under Article 611 of the Greek Civil Code, a fixed-term lease may be regarded as tacitly renewed for an indefinite term where the tenant continues to use the property after expiry, the landlord is aware of the continued use and does not object.

In this case, the extrajudicial demand must be formally served at least three months before the application for the order is filed.

Since an indefinite-term lease ends by termination, it is also necessary to determine whether the extrajudicial declaration contains a clear and legally effective termination of the lease, taking into account the contract and Articles 608 and 609 of the Greek Civil Code.

The procedural three-month requirement under Article 637 does not replace the substantive-law requirements governing the valid termination of an indefinite-term lease.

The mandatory three-month extrajudicial notice

Formal service of an extrajudicial demand for surrender is an essential requirement of the procedure.

The relevant timing depends on the legal status of the lease:

• for a fixed-term lease, the notice must be served at least three months before the legally effective expiry date;
• for a lease that became indefinite after the expiry of its original fixed term, the notice must be served at least three months before the application is filed.

For evidentiary certainty, the notice should normally identify:

• the landlord and the tenant;
• the leased premises with sufficient precision;
• the original lease and any amendments or extensions;
• the legally relevant expiry date;
• the landlord’s clear intention not to continue the lease;
• the demand for surrender of the property free of persons and belongings;
• and, where required, the termination of the indefinite-term lease.

Formal service must be evidenced by a service report, which is submitted with the application.

The notice should not be treated as a generic template. Its content and timing must be adapted to the lease, the applicable statutory regime and the conduct of the parties after the original term expired.

Special consideration for a family home

Where an indefinite-term lease must be terminated and the premises are used as a family home, Article 612A of the Greek Civil Code may also apply.

If the family-home use has been notified to the landlord, a termination by the landlord is invalid unless it is also notified to the tenant’s spouse within the same applicable period.

Determining the actual legal expiry date

A common mistake is to rely mechanically on the date stated in the original lease or in the electronic lease declaration filed with the Greek tax authorities.

The legally effective expiry date may be affected by:

• a mandatory minimum duration;
• written or otherwise documented extensions;
• automatic-renewal provisions;
• subsequent agreements;
• email correspondence;
• electronic lease declarations;
• the conduct of the parties after the original expiry date;
• or tacit renewal under Article 611 of the Greek Civil Code.

The actual and legally provable expiry date must therefore be determined before the three-month period is calculated.

Minimum duration of principal-residence leases

Leases of property used under the agreement as the tenant’s principal residence are generally subject to a mandatory minimum duration of three years, even where the contract provides for a shorter period or an indefinite term.

Accordingly, where a principal-residence lease states a term of one or two years, the expiry of that contractual period will not generally permit recovery of possession before the statutory three-year period has elapsed.

Greek law provides a specific mechanism for shortening the three-year period, but only subject to strict statutory requirements.

Minimum duration of business leases

Business leases falling within the scope of Presidential Decree 34/1995 and entered into after Law 4242/2014 came into force generally have a minimum duration of three years, even if they were agreed for a shorter period or for an indefinite term.

Older business leases and leases governed by special statutory regimes require separate analysis. The three-year rule should not be applied indiscriminately to every agreement described as a commercial or professional lease.

Written evidence of commencement and expiry

Article 637 requires written proof of both the commencement and the expiry of the lease.

Depending on the case, the documentary file may include:

• the signed lease agreement;
• the electronic lease declaration filed with the Greek Independent Authority for Public Revenue and any recorded acceptance by the tenant;
• amendments, renewals or extension agreements;
• correspondence documenting the agreed duration;
• the extrajudicial demand and the formal service report;
• documents establishing succession to the landlord’s position;
• and any other evidence relevant to the commencement, duration and expiry of the lease.

The electronic tax declaration is an important evidentiary document, but it should not be assessed in isolation. Where it conflicts with the signed lease, a subsequent agreement or other documentary evidence, the entire contractual and evidentiary record must be reviewed.

Where commencement or expiry depends mainly on oral agreements, disputed facts or witness evidence, an application for an order may not be the safest procedural route.

Who issues the order?

Since 1 May 2026, orders for recovery of possession have been issued by lawyers included in the statutory lists maintained for this purpose.

The issuing lawyer must be a member of the Bar Association for the district of the competent Court of First Instance. If no lawyer from that Bar Association can be appointed, a lawyer from a Bar Association within the corresponding Court of Appeal district may be appointed.

The landlord’s chosen counsel prepares the application, the draft order and the supporting file. The application is then allocated to a different lawyer from the relevant statutory list in accordance with the prescribed assignment system.

Review by the appointed issuing lawyer

The appointed lawyer examines the legal sufficiency of the application and the completeness of the supporting documents.

The appointed lawyer may request:

• explanations;
• additions or corrections to the application;
• or certification of signatures on private documents.

The application must be rejected if the statutory requirements are not met or if the applicant fails to provide the requested explanations, corrections or certifications.

Under Ministerial Decision 17255/2026, the appointed lawyer must issue the relevant act within twenty days of being notified of the assignment. This period is suspended while the applicant’s compliance with a request for clarification or correction remains outstanding.

The twenty-day period relates only to the appointed lawyer’s review stage. It is not a guaranteed overall completion period, as preparation, filing, allocation, issuance, service, the statutory enforcement period and any challenge by the tenant must also be taken into account.

Documents normally required

The exact supporting file depends on the circumstances of the lease. It will normally include:

1. the application and draft order;
2. the document evidencing the lease;
3. documents establishing its actual duration and expiry;
4. the extrajudicial demand for surrender;
5. the formal service report;
6. an accurate description of the premises;
7. documents establishing the identity and legal standing of the parties;
8. any amendments, extensions or renewals;
9. and any other relevant documentary evidence.

Errors in the address, floor, horizontal property description, parties’ details or the landlord’s legal standing may affect both the issuance and the subsequent enforcement of the order.

Can monetary claims be included?

Under Article 645 of the Greek Code of Civil Procedure, the application may also include documented claims for:

• unpaid rent;
• common expenses;
• charges;
• and utility bills,

provided that the amount of each claim is proven by public or private documents.

Not every monetary claim against the tenant can automatically be included. Claims for property damage, loss of profit or other disputed losses may require a separate action and a broader evidentiary process.

When may the order be enforced?

The order constitutes an enforceable title. However, where it is issued following lease expiry, enforcement cannot begin immediately.

Under Article 640(3) of the Greek Code of Civil Procedure, enforcement may take place only after two months have elapsed from service of an enforcement copy of the order together with a formal demand for enforcement.

This two-month period differs from the twenty-day period applicable to an order based on non-payment of rent. The issuance of the order should therefore not be confused with the date on which physical recovery of the property may take place.

Tenant’s application to set aside the order

The tenant may challenge the order within fifteen working days from service.

Depending on the circumstances, the tenant may allege that:

• the lease had not legally expired;
• the mandatory minimum term had not elapsed;
• the three-month period was not observed;
• the lease had been extended or renewed;
• an indefinite-term lease had not been validly terminated;
• commencement or expiry was not proven in writing;
• the notice or its service was defective;
• or the applicant had not established the required legal standing.

Filing the challenge does not automatically stay enforcement. A separate application for a stay must be made to the competent court, which will determine whether the statutory requirements for suspension are satisfied.

When may an action for possession be more appropriate?

The order procedure is an important remedy, but it is not appropriate for every lease dispute.

An action for possession may be safer where:

• there is insufficient written evidence of commencement or expiry;
• the lease duration depends on oral agreements;
• there is a substantial dispute concerning an extension, renewal or amendment;
• the landlord’s legal standing or succession to the lease is disputed;
• there are complex issues concerning the property or the persons in possession;
• or the landlord seeks broader damages that cannot be included under Article 645.

The procedural choice should therefore follow a review of the full lease file rather than a review of the stated expiry date alone.

Common mistakes by landlords

Common errors include:

1. miscalculating the three-month period;
2. serving notice before confirming the true legal expiry date;
3. overlooking a mandatory three-year term;
4. failing to consider later extensions or tacit renewal;
5. using unclear termination language in an indefinite-term lease;
6. relying exclusively on the tax declaration despite conflicting documents;
7. inaccurately identifying the premises or the parties;
8. and assuming that enforcement may begin immediately after issuance.

Practical timeline

There is no single guaranteed timetable for every case.

The principal statutory periods are:

• Fixed-term lease: notice at least three months before expiry.
• Lease that became indefinite: notice at least three months before filing the application.
• Review by the appointed lawyer: twenty days from notification of the assignment, subject to suspension where corrections are requested.
• Enforcement: after two months from service of the enforcement copy together with the formal demand for enforcement.
• Tenant’s challenge: fifteen working days from service of the order.

Preparation, filing, allocation, service and any challenge or stay application must also be included in the overall timeline.

Frequently Asked Questions

Can an order be issued solely because the lease has expired?

Yes. Rent arrears are not required. However, the commencement and expiry of the lease must be proven in writing and the mandatory three-month notice procedure under Article 637 must have been observed.

Can the landlord wait until the fixed-term lease has expired before serving the three-month notice?

Yes, provided that the lease has continued as an indefinite-term lease after its expiry. In that case, the notice may be served after the original expiry date, but at least three months must elapse before the application is filed.

Otherwise, for the fixed-term lease procedure, the notice must be served at least three months before the lease expires.

Is the expiry date stated in the electronic tax declaration sufficient?

Not necessarily. The tax declaration is important evidence, but it must be considered together with the signed lease, extensions, subsequent agreements and the conduct of the parties.

Can possession of a principal residence be recovered before three years have elapsed?

Generally not where the lease falls within the principal-residence regime of Law 1703/1987, even if the agreement states a shorter term. Specific exceptions and a statutory mechanism for shortening the period may apply under strict conditions.

Does the procedure apply to business premises?

Yes, subject to the applicable business-lease regime, the statutory minimum duration, the contractual terms and any extensions or renewals.

Who issues the order?

The order is issued by a lawyer allocated from the relevant statutory list for the competent Court of First Instance. The issuing lawyer is not the landlord’s chosen counsel who prepared and filed the application.

Can unpaid rent be claimed in the same application?

Yes, where it is proven in writing. Article 645 also permits documented claims for common expenses, charges and utility bills.

Does the tenant’s challenge automatically suspend enforcement?

No. A separate stay application must be filed, and the competent court determines whether enforcement should be suspended.

Conclusion

The order for recovery of possession following lease expiry gives landlords a specific procedural route for recovering leased property without requiring a full action and hearing in every case.

Its effectiveness, however, depends on early and accurate preparation. The relevant question is not merely whether the date stated in the lease has passed. It is necessary to establish:

• the actual legally effective expiry date;
• whether a mandatory minimum duration applies;
• whether the lease was extended or became indefinite;
• whether the notice was served at the correct time and with appropriate content;
• and whether commencement and expiry can be adequately proven in writing.

Karpouzis – Lianou & Associates Law Firm advises landlords and property owners on lease reviews, extrajudicial notices, orders for recovery of possession, rent claims and enforcement proceedings in Greece.

An early review of the complete lease file makes it possible to identify the legally relevant expiry date, calculate the three-month period correctly and select the appropriate procedural strategy.

This article is provided for general informational purposes only and does not constitute legal advice. The availability and suitability of the procedure depend on the lease agreement, the documentary record, the parties’ conduct and the particular circumstances of each case.