The revised procedure enables landlords to initiate the process by delivering an extrajudicial notice to the tenant at least three months before the agreed expiration date of the lease, stating clearly that they do not intend to renew the lease and that they request restitution of the premises upon expiry. If the tenant remains in the property after the lease term has ended, the lessor may file an application for an Order of Restitution of the Leased Premises, which must be drafted and signed by the lessor’s lawyer and submitted to the competent Court of First Instance. The Court’s secretariat will then forward the application for review to a certified lawyer, selected impersonally from a special register maintained by the local Bar Association. The certified lawyer is not the lawyer of either party but acts as an independent reviewer and signatory of the order.
Once assigned, the certified lawyer will have a ten-day deadline to examine the file and verify that all legal requirements have been met, namely the lawfulness and expiry of the lease, the service of the required three-month notice, and the supporting documentation (lease agreement, electronic submission to the tax authority, and proof of service of the extrajudicial notice). If the file is deemed complete and lawful, the certified lawyer will sign the Order of Restitution of the Leased Premises. The text of the order must clearly state two elements: first, that the order shall be enforceable only after two months have passed from its formal service to the tenant; and second, that the tenant has the right to file an objection within fifteen working days from such service, raising any legitimate reason so as to succeed to delay the eviction.
The original signed order will then be filed by the lessor’s lawyer with the competent Court of First Instance, which will formally publish it and issue the corresponding enforceable copy (Απόγραφο). This enforceable document is then delivered to the lessor’s lawyer upon application and payment of the applicable fees. The lawyer may then serve an official copy of the enforceable order to the tenant through a court bailiff, instructing the latter to vacate the property within two months from the date of service.
This new framework preserves the tenant’s right to judicial protection but accelerates the enforcement path for landlords acting in good faith and within the scope of lawful lease expiration. It represents a significant shift toward faster resolution of property restitution cases without compromising due process or social considerations.
In light of the forthcoming legal framework, landlords/lessors are advised to maintain full oversight of their existing lease agreements and to make timely decisions, as to whether they wish to extend such leases upon expiry or not. Proactively aligning with the expected notice and documentation requirements will be essential to taking full advantage of the simplified procedures once they become effective.
For further information on how these changes may impact your lease agreements or to discuss your property rights strategy, please contact our Real Estate law team.
