Two different grounds: arrears or expiry
An order for the return of leased property is no longer connected only with deliberate delay in paying rent. Following amendment of Article 637 of the Greek Code of Civil Procedure, it may also be requested after expiry of the fixed contractual term, provided the start or end of the lease is proved in writing and the specific statutory conditions are met.
The two grounds should not be confused. Notice for unpaid rent differs from the extrajudicial demand based on expiry. The documents, deadlines and timing of enforcement are not the same.
Rent arrears
Where the application is based on rent arrears, written notice must be served through a court bailiff at least fifteen days before filing the application. If the rent is paid within that period and payment is proved in writing, an order is generally excluded.
An exception may apply where repeated deliberate delay is established. An organised statement of arrears, bank records or receipts, the lease and earlier written communications are therefore important.
Expiry of the agreed term
For a fixed-term lease, the landlord must serve an extrajudicial demand for return at least three months before expiry of the agreed term. If the lease became indefinite after its expiry, the demand must precede service of the return order by at least three months.
Where return is based on expiry, compulsory enforcement may begin only after two months have passed from service of the order on the tenant. These periods should be planned from the outset, not after an urgent problem has already arisen.
- Written evidence of the lease and its duration
- Timely extrajudicial demand served through a court bailiff
- Confirmation whether the lease is fixed-term or indefinite
- Compliance with the two-month enforcement waiting period where required
What applies from 1 May 2026
Payment orders and orders returning leased property on applications filed from 1 May 2026 are issued by designated lawyers under the transitional provisions of Laws 5221/2025 and 5264/2025. The change concerns the issuing authority and does not remove the substantive and evidential requirements.
Before action is taken, the contract, electronic lease declaration, extensions or renewals, payment history and service records should be reviewed. If material facts are disputed or a different ground for termination is relied on, court proceedings may be required instead of the special order procedure.
This article is for general information only and does not constitute tailored legal advice. Every matter should be assessed according to its specific facts and available documents.
