Leasehold return order

Details

The issuance of an order for the return of the use of a leased property may be requested in case of delay of the lease due to pettishness of leaseholder, if the commencement of the lease is proved in writing and if a written notice has been served with a bailiff, at least fifteen (15) days before filing the application. The application for a leasehold return order may also include a request for payment of due rents, common expenses, fees and utility bills, provided that their amount is proven by public or private documents, in particular bills arising out of common use properties and utility bills. In this case, the provisions of articles 638 to 645, 624, 626 par. 2 and 3, 630 points d and e and article 634 are applied. The defendant of the order is entitled to file a caveat before the substantive competent court for the adjudication of the lawsuit asking for leasehold return, within a period of fifteen (15) working days from the service of the order. The caveat is adjudicated as a lease court dispute. The exercise of the opposition does not suspend the execution of the order. However, the judge who issued it may, at the request of the opponent, which is adjudicated under Articles 686 et seq, grant a suspension, either with a guarantee in favor of the defendant of the caveat or without a guarantee, until a final decision on the caveat is issued. If the caveat was brought legally and within the time limit and its reasons is legal and well-founded, the court annuls the order for the return of the use of the leased house; otherwise it rejects the caveat and ratifies the order. The order is an enforceable title. Execution can take place after twenty (20) days have elapsed from the service of a copy of the writ of attachment with an order to be executed, without the need for prior delivery of a copy. The order is also executed against the sub lessees and against anyone who derives his rights from the tenant or holds the lease for him.

Leasehold return order is a speedy process as it does not require a hearing in contrast to the earlier years that was required a lawsuit, which was a much more time consuming and much more costly process for the landlord. The conditions for issuing an order for the return of the use of the leased house and payment of rents are the following:

• Written proof of lease with private or public document (lease agreement).After Law 4335/2015, it is sufficient to prove in writing the commencement of the lease, without the need for a written renewal of the lease agreement.
• Delay of payment of the rent, even one, due to pettishness.
• Service with the bailiff of a written notice (out-of-court notice – summons for payment of rent – statement) to the lessee, by which the lessor requests the payment of the due rents. The notice must have been served “at least fifteen days before the filing of the application” and its calculation starts from the day following the service of the notice and ends when the whole last day has passed.