Navigating rental nightmares: Legal solutions for delayed payments and tenant challenges

The delay or refusal to pay rent has become an increasingly common problem for property owners. The COVID-19 pandemic, with its economic difficulties, has intensified this issue, creating uncertainty and anxiety for many.

This problem stems from various factors, including rising costs, unemployment, and a lack of adequate screening when selecting tenants. Some even refer to “professional deadbeats” who rent properties with the intention of not paying rent and causing damage.

So how can property owners protect themselves?

According to POMIDA (the Panhellenic Federation of Property Owners), the “era of innocence” is over, and every owner must carefully examine the history and reliability of a prospective tenant before handing over the keys to their property.

However, if problems have already arisen, there are three legal avenues a property owner can pursue to collect overdue rent:

1. Termination of Lease: Under the Civil Code, the landlord can terminate the lease due to non-payment of rent.
2. Eviction Lawsuit: The owner can file an eviction lawsuit due to tenant resistance, based on the Code of Civil Procedure.
3. Order for Recovery of Property: This is a simplified procedure that does not require a trial. Here, the owner can request the immediate return of the property while simultaneously claiming overdue rent.

POMIDA has proposed and achieved significant changes to the process of issuing an order for the recovery of property, which were incorporated into Law 4055/2012. These changes expedite the process, simplifying the legal route for evicting non-paying tenants. Through this process, the owner can request not only the return of the property but also payment for overdue rent, common expenses, and utility bills.

Tips for Property Owners from POMIDA

• Careful Tenant Selection: It is essential to thoroughly check the history and reliability of potential tenants before signing the lease agreement.
• Drafting a Detailed Contract: The lease agreement should be clear and comprehensive, precisely outlining the rights and obligations of both parties.
• Record Keeping: It’s important to maintain a record of all documents related to the lease, such as payment receipts and notifications.
• Consulting a Lawyer: If you encounter problems with a non-paying tenant, it is vital to consult a lawyer.

What to Do if the Tenant Leaves Behind Items

If, after evicting the tenant, they have left personal belongings behind, the owner is required to temporarily store these items. POMIDA has succeeded in enacting changes in the legislation that reduce the owner’s responsibility for storing these items to just six months.

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