The lease contract does not always run smoothly. Sometimes the tenant-landlord does not pay the rent or utilities or causes damage to the leasehold property so the landlord-landlord is forced to evict him or her and to sue for the collection of the rent due. The lawyers of our office with their knowledge of real estate leases inform you that the law in the case of non-payment or delay in payment of rent – lease provides two procedures for eviction of the tenant – lessee. The first procedure is the eviction action and the second is the rent restitution order. In the case of an eviction action, in accordance with Article 597 of the Civil Code: If the tenant is in arrears with the rent in whole or in part, the landlord is entitled to terminate the lease at least one month in advance if it is a lease whose duration was agreed for a year or more, and ten days in advance in other leases. A claim by the lessor for compensation due to early termination of the lease is not excluded. The termination is without effect if the lessee before the expiry of this period pays the rent in arrears together with any costs of termination. However, if the rent – rent arrears are repeated even if the tenant pays what is due, it is extinguishable. As the lawyers of our office inform, in the case of a rent restitution order according to article 637 of the Code of Civil Procedure, an order for the restitution of the use of the rented property may be requested, if the commencement of the lease is proven in writing, and if a written notice of annoyance has been served by a bailiff at least fifteen (15) days before the filing of the application. Payment of rent within the fifteen-day period, evidenced in writing, shall preclude the issuance of an order for the return of the use of the lease, unless there is repeated default due to unconscionability. Service of a written notice of default is required only the first time.”
Our property leasehold solicitors will advise you which of the two procedures is best suited to your case in terms of speed and cost. Due to our experience in property leasing matters we would advise that you should move immediately because it takes a considerable amount of time to complete the eviction process.
A rent and lease restitution order, otherwise known as an eviction – express, as its hallmark is that it is a simple and speedy process. No hearing is required, but there is a possibility that the judge may call the applicant to testify under oath to the facts required for the order. In addition to the above, the above order may also require payment of common charges and electricity and water bills etc. – provided these are evidenced in writing. Our lawyers will inform you that the conditions for the issuance of an order for the use of the leasehold and the payment of rent are the following: a) a lease agreement, b) delay in the payment of rent due to maladministration, c) a written out-of-court notice to the tenant has been served at least 15 days prior to the filing of the application. In this way, the tenant is required to pay the outstanding rent or any outstanding common charges. It is important to note that if the tenant pays the outstanding rents and charges within the prescribed 15 days, no order can be issued unless there is repeated default by the tenant through bad faith. It has been held in case law that such bad faith also exists where, for example, there has been a delay on at least two occasions and the landlord has demonstrably protested, without it being necessary to have initiated legal proceedings. And according to recent Supreme Court case law, the financial hardship of the tenant is not a reasonable cause for non-payment of a rent. If an application for an order for payment of rent is finally filed and granted, it becomes enforceable 20 days after it has been served on the tenant by a bailiff. This means in practice that the landlord can proceed, with the assistance of the bailiff, to evict the tenant from the lease. But the tenant in turn has rights. If an order for payment of rent and restitution of the lease is served, the tenant has the right within fifteen working days to appeal against it. However, the lodging of a statement of opposition does not suspend the execution of the order and an application for suspension with a request for an interim order must also be lodged with the competent court.
Bringing an action for payment of rent
Several times, it is possible that the requirements for filing an application for a rent performance order may not be met, e.g. where there is no evidence of a written agreement between the landlord and tenant. In this case, an appearance before the Court and a long wait until the decision is made is required.
The tenant is not obliged to leave the lease until a decision is made. The tenant’s defence in the case of a lawsuit includes the assertion during the trial of claims for repayment of the debt, etc.
The experienced attorneys of our firm, Stephanos Economou and associates, can seriously and professionally advise and explain to you, whether you are a tenant or a landlord, what is the best procedure, depending on your case, that should be followed in this particular case.
Misuse of the tenancy
A similar eviction procedure is also provided in case the tenant-landlord does not treat the leased property in accordance with the lease agreement or causes damage to it.
The lawyers of our office who deal with real estate leases have seen that a common case of misuse of the leased property is the unconventional assignment of the leased property to a third party or the change of use or the erection of unauthorized structures on the leased property and the damage or damage to it.