Greece Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Greece ocean view propertiesGreek landlord and tenant laws are judged by the Global Property Guide to be slightly Pro-Tenant between landlord and tenant. Greek rental law aims for a balance between protecting tenants and safeguarding landlords' rights, but in practice, it can lean slightly pro-tenant, especially when it comes to residential leases. 

In essence:

  • For primary residences, the law gives tenants more stability and security.

  • For commercial or non-primary residence leases, there’s more flexibility, often favoring landlords.

Rents: Can landlord and tenant freely agree rents in Greece?

Rents are freely negotiable between the tenant and the landlord. Greek law requires a minimum lease term of three years for both residential and new commercial properties. This obligation applies to both landlords and tenants, even if a shorter or open-ended lease is initially arranged. The law particularly impacts landlords, who must clearly outline the lease's purpose and its intended use for business. However, there are exceptions for leases that aren't for primary residences, where the duration can be agreed upon without restriction.

Greek lease agreements offer flexibility, allowing landlords and tenants to agree on a three-year term with either monthly payments or yearly rent increases. However, for leases shorter than three years—especially those concerning primary residences—if no rent adjustment clause is included, the rent is automatically adjusted annually based on 75% of the change in the consumer price index. When inflation is minimal or negative, tenants may benefit from stable rent throughout the legally mandated three-year period.

Deposit

Landlords often request a security deposit—typically equivalent to one or two months' rent—as a safeguard against unpaid rent or potential damages. At the end of the lease, this deposit must be returned to the tenant, minus any justified deductions for repairs or outstanding payments.

What rights do landlords and tenants have in Greece, especially as to duration of contract, and eviction?

Under Greek law, residential and newly established commercial leases are subject to a mandatory minimum duration of three years. This rule applies regardless of whether the parties initially agree to a shorter or open-ended term, making the agreement legally binding for both landlords and tenants. The requirement places particular importance on landlords clearly stating the lease's intended use, especially in professional contexts. However, leases that do not involve a primary residence are exempt from this rule, allowing greater freedom in setting the lease duration by mutual agreement.

The tenant cannot transfer his tenancy right to anyone else, except in case of his death, when his immediate family can either continue the tenancy, or denounce it.

Greek lease agreements clearly define the responsibilities of each party when it comes to property maintenance. Landlords are typically responsible for essential repairs needed to preserve the property's condition, while tenants are expected to take care of routine, minor repairs. In some cases, the lease may include clauses that limit the landlord's liability for certain types of damage, offering legal protection and clarifying who bears the cost of specific repairs.

Despite common misconceptions, tenants are not free to end a lease early without fulfilling the mandatory 3-year commitment set by Greek law. Even if the initial lease term has passed, vacating the property before the end of the three-year period can entitle the landlord to claim the remaining rent. That said, certain exceptions allow for early termination, highlighting the importance of having clearly defined terms in the lease agreement to avoid disputes.

Landlords in Greece are legally entitled to evict tenants for reasons such as nonpayment of rent, significant property damage, or other major breaches of the lease agreement. However, eviction isn't automatic—it must be pursued through the courts and follow the proper legal process, including obtaining a formal court order.

How effective is the Greek legal system?

The legal system in Greece can be painfully slow, as suggested by these Lex Mundi figures.

Legislation

The Greek Civil Code enacted in 1945 is the main basis of Greek property law, especially Arts. 574-618. Statute 1703/87 supplemented this at the beginning of the 1980s, but was allowed to lapse on June 30th 1997. What survived was the 3 years minimum rules on contract duration, and the rules on rental adjustment.

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