Who will now issue the “Order for Return of Leased Property”?

As of 1 January 2026, orders for the return of leased property will be issued by specially certified lawyers – members of the bar association of the region in which the property is located. This will follow the same logic according to which wills are now published swiftly by notaries instead of judges, thereby avoiding lengthy and unnecessary delays.

Can a landlord or their lawyer assign the issuance of such an order to a lawyer they know?

Certainly not! The lawyer who will be assigned the review of the file and the signing of the order will be designated impersonally by the Secretariat of the competent Court, from a special list of certified lawyers established by the relevant bar association, similar to the highly successful new institution already in place for appointing lawyers to expedite the removal of pre-notations.

How will the process unfold?

The relevant application for the issuance of the order for return of leased property will be drafted and signed by the landlord’s lawyer and delivered to the lawyer designated through the aforementioned process, along with the folder of supporting documents and the payment receipt for the legally defined compensation. The designated lawyer will have a ten-day deadline to check the completeness and legality of the documents and the lapse of the three-month notice period to the tenant. If everything is in order, they will sign the text of the order, which will explicitly state, first, that it may only be executed two months after its service, and second, that the tenant has the right to file an objection within fifteen working days for any valid reason.

The original order will be filed by the lawyer with the Secretariat of the competent Court of First Instance, which will publish it and issue the enforceable title, known as the “Transcript.” This will be delivered to the landlord’s lawyer upon submission of an application and payment of the transcript fees. The landlord’s lawyer will issue a copy of the enforceable transcript and serve it on the tenant via a bailiff, instructing them to return the property within two months from its service.

How much time will the tenant have overall to find another house or commercial space?

Under the new regulation, the tenant is granted by law, without any action or expense on their part, at least six months to arrange their relocation. Specifically, this includes the three-month out-of-court warning period, over a month for drafting and submitting the application, appointment of a lawyer by the court secretariat, delivery, processing, issuance and publication of the order, application for the transcript, drafting of the copy and its service, and an additional two months before the order is enforced. The tenant is thus guaranteed a full six-month period, automatically granted by law, and, importantly, at no cost—without needing to take any action or bear any expense. This contrasts with the landlord, who must bear the cost of legal and bailiff fees to achieve what is essentially self-evident, due to the tenant’s non-contractual refusal to vacate the property.

Furthermore, if the tenant needs additional time and the landlord does not agree, the tenant may file an objection or an application for interim measures, including a temporary injunction from the President of the competent Court to suspend the enforcement of the order, requesting an extension of the deadline for any substantiated reason they can demonstrate as likely.

The new regulation has been criticised for allegedly leaving tenants unprotected and equating those who pay and wish to remain in the property with non-payers. This is not true. First, it establishes a mandatory three-month out-of-court notice period for returning the property—six times longer than the current notice period in cases of unpaid rent. Second, it introduces a two-month enforcement deadline after service to the tenant—three times longer than the current deadline in such cases. Third, if the tenant needs more than six months, as already stated, they can obtain further extensions through conventional legal means.

Why is this procedural regulation necessary, given that when a lease ends, the tenant is obliged to return the property to its owner?

The lease of a property is a contractual relationship under civil law, and just as it has a beginning, it must also have an end. Otherwise, ownership loses its substance and is reduced to tax burdens alone. Just as a tenant has rights and needs, so does the landlord, who is entitled to reclaim use of the property when needed, e.g., for personal residence, renovation, sale, or for any other reason—such as problematic tenant behaviour that affects other tenants or co-residents in the building.

In practice, however, the expiration of a lease term creates only a nominal obligation for the tenant to return the property. In reality, few feel obliged to honour their signature and vacate the property at the agreed time if it is inconvenient for them. They can very easily drag the owner through years of court proceedings. Therefore, a socially balanced regulation was necessary—such as the one just legislated—to protect the legitimate interests of both parties.

Is early termination of a residential lease due to owner occupancy or sale allowed?

Absolutely not. The contractual lease period—and in all cases the minimum legal three-year term—is an inviolable time frame protecting tenants. In fact, the possibility of terminating a lease due to owner occupancy was abolished in Greece in 1994, along with forced extensions of residential leases. Since then, a three-year minimum lease duration has been established by law.

Residential Leases

All old and new leases of primary residences are now governed exclusively by the general provisions of the Civil Code and by Article 2 of Law 1703/1987 (as amended by Article 1, paragraph 5 of Law 2235/94), which stipulates:

The lease of a primary residence has a minimum mandatory duration of three years for both parties, even if a shorter period has been agreed. This three-year period can be shortened only through a new notarial act, executed at least six months after the lease’s commencement.

Any agreement on the rental amount and its gradual adjustment included in the lease contract is legally valid. However, high adjustment percentages are rarely adhered to in practice today.

If the agreed lease term is less than three years and no method of rent adjustment for the remainder of the three-year period has been agreed, the rent must, by law, be adjusted annually as in commercial leases—i.e., by a rate equal to 75% of the consumer price index change. This provision currently has little practical value, as the consumer price index is negative, effectively fixing the monthly rent at a constant amount throughout the three-year period.

These provisions apply only to leases where the property is used as the tenant’s primary residence. They do not apply to secondary or holiday homes or temporary accommodation. If the leased property is used as a family home, the full name of the spouse must be included in the contract.

The only condition for a landlord to terminate a primary residence lease is the expiration of the three-year period from its commencement. Termination for owner occupancy is no longer applicable.

Unfortunately, non-payment of rent has become a common phenomenon. It should be addressed with calmness, understanding, but also determination by concerned landlords. A fast-track judicial procedure for issuing a return-of-leased-property order is now in place, without hearings, postponements, or witnesses—against tenants who refuse to pay rent after first being formally notified in writing by the landlord. More details can be found on our special page regarding rent payment default.

Reminder and Warning: The Hellenic Property Federation (POMIDA) reminds everyone that our just struggle for the liberalisation of leases lasted 19 years (1978–1997) to achieve the smooth and mutually beneficial functioning of the market. It warns all property owners that many still long for the days of rent control and are looking for excuses to bring it back. Let us never forget: a good tenant is preferable to a “good” rent amount, and legal action should always be a last resort—only after all efforts for amicable resolution with the tenant have been exhausted.