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Rent: Eviction without court, but with guarantees – What changes in lease expirations

A new process starting in 2026 offers relief for landlords and six-month protection for tenants – Everything you need to know about the “Order for Property Restitution” – A step-by-step guide from POMIDA

Newsroom July 28 07:56

The way landlords reclaim their property after a lease ends is changing.
As of January 1, 2026, landlords won’t have to wait months or even years in court:
They can issue an “Order for Property Restitution” through a certified lawyer, saving time, money, and hassle.

This new regulation applies to all landlords who cannot reclaim their property even though the lease term has expired.
It does not leave tenants unprotected, since it includes at least a 6-month grace period before eviction, with no cost or required action on the tenant’s part.

POMIDA describes this as a firm initiative by the Ministry of Justice to rectify a long-standing injustice against property owners through Article 72 of the upcoming law amending the Civil Procedure Code.
It states this corrects a chronic injustice, while offering a socially fair solution that could bring more properties to the rental market.

In practice, the new rules mean:

  • The landlord sends an extrajudicial notice 3 months before lease expiration.
  • If the property isn’t returned, the landlord may request a Property Restitution Order through a certified lawyer, without going to court.
  • The tenant can challenge the order and request an extension for valid reasons.
  • The eviction is enforced two months after notification, offering tenants a total of at least 6 months.

Clarifying Misconceptions

During the vote in Parliament, many critics – as POMIDA notes – rushed to condemn the regulation, claiming it allows landlords to “throw tenants on the street” within 1–2 months, and without judicial protection.

To set the record straight, POMIDA created a practical guide with 15 key Q&As.

1. Is it true, as claimed, that landlords can now evict tenants within 1–2 months at will?

Absolutely not!
The new option to issue a “Property Restitution Order” due to lease expiration simply shortens the time landlords wait to reclaim property – which is their right – but also includes strong protections for tenants, as outlined below.

2. Where is the lease end date determined?

  • In the rental agreement (original or extended), signed by both landlord and tenant
  • In the most recent electronic rental declaration in the AADE system
  • In the law: every new lease (residential or commercial) since April 1, 2014 has a minimum legal term of 3 years
  • For older open-ended leases: from the extrajudicial notice served by a court bailiff requesting property return

3. What can the landlord do when a lease has ended and they don’t want to renew?

First, the landlord must have a lawyer draft and send an extrajudicial notice via a court bailiff, stating they do not wish to extend the lease and are requesting the property back due to lease expiration.

If it concerns a new lease, this must be delivered at least 3 months before the lease end.
If it’s an older lease that became open-ended, the notice can be served any time, but no property order can be issued until 3 months after notification.

4. If the tenant doesn’t return the property within 3 months, can the landlord simply evict them with a lawyer and bailiff?

No, certainly not!
Instead of filing a traditional “Property Disputes” lawsuit (which takes months or years), the landlord can use the new, faster “Property Restitution Order” process, which bypasses prolonged legal delays, while still offering tenant protections.

5. Why is it called an “Order” and not a court judgment?

The “Property Restitution Order” is not a full court judgment.
It’s an enforceable legal title, issued without a hearing, based solely on documents submitted.
It only becomes final if no objection is filed or if the objection is rejected by final decision.
This process exists in many countries and has been used in Greece since 1997 for non-payment of rent — it will now also apply to expired leases.

6. Who issues the “Property Restitution Order”?

As of January 1, 2026, such orders will be issued by certified lawyers, members of the local Bar Association, where the property is located — similar to the streamlined system now used for probate by notaries instead of courts.

7. Can the landlord choose any lawyer they like to issue the order?

No!
The issuing lawyer is assigned impersonally by the Court Registry, from a certified list of qualified attorneys compiled by the local bar association.

8. What is the process step-by-step?

  • The landlord’s lawyer prepares the application and compiles required documents
  • These are submitted to the assigned issuing lawyer along with the required fee
  • The issuing lawyer has 10 days to check the documents’ legality and completeness, as well as verify the 3-month notice period has passed
  • If all is in order, they sign the Order, which states:
    • It is enforceable only after 2 months
    • The tenant has 15 working days to file an objection
  • The original order is filed with the District Court Registry, which publishes it and issues the official enforcement copy (Apografo)
  • The landlord’s lawyer obtains the Apografo and serves it to the tenant via court bailiff
  • The tenant must return the property within 2 months of service
  1. How much time will the tenant have in total to find another house or store?

With the new regulation, the tenant has by law, and without any action or cost on their part, at least six months at their disposal to arrange their relocation. Specifically, they have the three-month extrajudicial notice period, more than a month for the drafting and submission of the application, appointment of a lawyer by the Court Registry, delivery, processing, issuance and publication of the order, application for issuance of the enforceable copy, drafting of the copy and its service, and two more months as the deadline for execution of the order. The tenant thus has secured at least a full six months, automatically guaranteed by the law itself, and above all, without cost to them, meaning without needing to take any action or incur any expense, in contrast to the landlord who, due to the tenant’s contractual refusal to return the property as required, must bear the costs of lawyer and bailiff fees in order to achieve the obvious!

Moreover, if the tenant needs more time and the landlord does not agree, they may file an objection as well as a request for interim measures, including a temporary order to suspend execution of the decision from the Duty Judge of the competent Court, requesting a further extension of the return time for any valid reason that can be reasonably presumed.

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  1. The new regulation is being criticized for leaving tenants unprotected and equating those who pay and wish to remain in the property with non-payers.

Absolutely not! First, it establishes a three-month deadline for mandatory extrajudicial notice for the return of the property, six times longer than the current notice period in cases of non-payment of rent. Second, it establishes a two-month deadline for execution after it has been served to the tenant, triple the current execution deadline in cases of non-payment of rent.

Third, if the tenant needs more than six months, as we have said, they may also obtain a further extension of the return period through the usual legal remedies.

  1. Why is the existence of this procedural regulation necessary, since when a lease ends, the tenant is obliged to return the property to the landlord?

The lease of a property is an obligational relationship under civil law, which, just as it has a beginning, must also have an end, otherwise ownership loses its substance and is left only with tax burdens! Just as the tenant of a property has rights and needs, so does the landlord, who has the right to request the use of their property when they need it, e.g., to live in it themselves, to renovate it, to sell it, or for any other reason, e.g., when the behavior of a tenant causes concern not only to the landlord but also to other tenants or co-residents of the building. However, the end of a lease term, in practice, only formally creates an obligation for the tenant to return the property, since in reality almost no one feels obliged to respect their signature and return the leased property to the landlord at the agreed time if it is not “convenient” for them, and since they can easily subject the landlord to years of legal trouble! There should therefore be a socially balanced regulation on this matter, like the one just enacted, which secures the legitimate interests of both sides.

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#Civil Procedure Code#economy#greece#ministry of justice#real estate#rent
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