Leasing agreements in Greece involve private law contract, agreed between two parties, the landlord and the tenant. Within the Greek leasing agreement, the landlord undertakes the obligation to give the use of the property to the tenant for the period that has been agreed. On the other side, the tenant undertakes the obligation to pay the agreed exchange (rent) for the use of the property.

Greek leasing agreements for home residence and Greek leasing agreements for professional (business) use, are specifically regulated by the law, due to the social interest of these leases. These Greek leasing agreements are regulated with specific laws, in order to ensure the required security on everyday dealings and their specific regulation.

The establishment of the Greek leasing agreement is effected through the execution of a document, by virtue of which the terms of the lease are agreed or even with an oral agreement between the parties. In cases of real estate properties leases, law provides that the lease agreement should be executed under the form of a private agreement and then submitted to the Greek Tax Authority.

The duration of the lease agreement may be agreed as definite, i.e. the duration of the lease is agreed specifically, or as indefinite. The execution of the leasing agreement under a specific form is not necessary for the validity of the contract. Law may regulate the minimum duration of the lease or other provisions.

 

 Greek Law on leasing agreements provides that the landlord is obliged to give the property to the tenant, proper for the agreed use, without flaws or deficiencies, for the period that the lease agreement will last. Additionally, he is obliged to keep up the property suitable for the agreed use, undertaking the responsibility to perform any necessary repairs and any works required for the maintenance of the leased property. It is specifically provided by law that taxes and burdens concerning the lease, burden the landlord, as well as any damages and expenses that will incur from the usual usage of the property; however, this can be stipulated otherwise.

The tenant undertakes the obligation to pay the agreed rent, on the agreed date, or within the usual dates and to maintain the Greek leased property in a good condition, using it for the agreed purpose. In cases of flaws and faults, the tenant has the right not to pay the rent or to request for its decrease.

The lease expires after the passing of the agreed duration of the Greek leasing agreement. Upon expiration of the Greek leasing agreement, which has been agreed for indefinite duration, the leasing agreement expires upon the termination from each of the parties. The right of termination is also on the landlord, in case that the tenant, against the landlord's protests, is not using the property properly and according to the stipulated purpose or misbehaves against the rest of the tenants. Additionally, the landlord reserves the right of termination of the leasing agreement, in case that the tenant does not pay the agreed rent, despite the continuous protests of the landlord.

In cases that the real estate property is conveyed by the landlord to a third party, and there is a pending lease of the property, the new owner has the rights and obligations arising from the lease agreement (substitution), if the lease is proved through a document of “certain date”, unless of course the parties have agreed otherwise in the lease agreement.

Despite the usual judicial procedure for the eviction of the tenant, in case that the latter delays to pay the rent and despite the landlord's protests, Greek Law provides a faster procedure, according to which (written lease agreement, written protest against the tenant, which has been served through a Court Bailiff, etc...), the quick and easy return of the property can be achieved.

All the above procedures for the protection of your Property in Greece, can be accomplished through a Limited Power of Attorney to a specialized Greek Lawyer, like our Greek Law Office.

 

January 2020

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