The law provides for the possibility of a claim for reduction of the rent under Article 388 of the Civil Code.
Our lawyers dealing for many years with real estate have been involved many times in problems that property owners encounter with the land registry.
The Cadastre constitutes a single digital information system where all acts that create, transfer, alter or abolish rights in rem in real estate are recorded.
It is a much more modernised system than the “Transfers and Mortgages” system which will cease to apply in those regions that complete the cadastral process. However, land registration of the whole country is certainly time-consuming and creates great difficulties for many people who are not familiar with the process.
It should even be noted that all citizens – legal entities holding a lien on real estate are obliged to submit a declaration to the relevant cadastral offices. In fact, those who have not already made such a declaration should proceed immediately to submit a late declaration, while paying a fine.
The procedure for submitting the declaration seems simple, but in practice it is quite complicated as bureaucratic issues constantly arise. The steps to be followed are briefly as follows:
1/. 1.
2/. Payment of the fee to the cooperating banks.
3/. Presentation of the original payment document to the Land Registry Office – Receipt of the “DECLARATION SUBMISSION SIGNATURE” – COMPLETION OF PROCEDURE.
It is also required the submission of certain supporting documents, such as photocopies of the titles documenting the rights to real estate (e.g. contracts), photocopies of the identity card, a document showing the VAT number of the declarant, a transcription certificate and others, depending on the type of right in rem declared and the way it was acquired (e.g. if it arises from inheritance and the heir has not yet made a declaration of acceptance).
Our law firm Stefanos Economou and Associates, with extensive experience in real estate matters, undertakes – after granting the relevant authorization – to process on your behalf the completion and filing of the declaration at the competent land registry office, which although it may seem a simple procedure, in reality is very bureaucratic and in any case requires special attention, as any mistake may jeopardize your rights.
In addition, issues arise in relation to transfers of real estate made while the cadastral registration is still pending, the corrections that need to be made after the submission of the relevant declaration and any processing of the declaration.
Unfortunately, many property owners have made mistakes when declaring their properties in the cadastre and find out when they attempt to sell them and this is not possible. The solicitors at our firm with their knowledge of property and the procedures at the Land Registry can correct many of these mistakes through the manifest error process. Other errors, however, require a court order before they can be corrected in the land registry.
All of these issues need delicate handling and expertise, so it would be best to consult a lawyer experienced in real estate and land registry matters.
i.e. unexpected change of circumstances.
The solicitors at our firm have brought many rent reduction claims in recent years due to the great economic crisis the country has gone through and had achieved large rent reductions for an initial period of two years which was subsequently extended. In this way many traders got a breather and managed to avoid eviction and recover.
It must be stressed that rent reductions cannot be made retroactively but only for the future and after the action has been brought. Hence the sooner one contacts a lawyer and brings the rent reduction claim the more benefit one will get.
It is clarified that the reduction of rent – rent can be sought in both residential and commercial leases.
In simple terms, as our firm’s lawyers advise, the legislature sets out the following conditions that justify a reduction in the property rent – rent paid by the landlord: a/ a change of circumstances, on which mainly, in view of good faith and commercial morals, the parties based the conclusion of the two-way contract, b/ the change may be subsequent to the drawing up of the contract and due to reasons that were exceptional and could not have been foreseen, c/ by this change the debtor’s provision in view of the consideration also becomes excessively burdensome.
The above conditions must be met cumulatively.
It is certain that events such as the coronavirus pandemic meet these conditions and a competent lawyer will succeed either extrajudicially or judicially in obtaining an adjustment – reduction of the rent – rent.
As mentioned, our attorneys had handled many rent – rent reduction lawsuits due to the crisis for many establishments such as retail, restaurants, restaurants and offices.
The experienced solicitors in our firm can seriously and professionally advise and explain to you whether and under what circumstances you can claim an adjustment – reduction of the rent you pay to avoid an eviction due to non-payment.
On the other hand, we have also represented many property owners who have faced such rent reduction – revaluation claims from their tenants and our lawyers with their expertise in property leases can advise you in this regard.