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,
January 2020
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