A lease does not disappear when ownership changes
Under Civil Code Article 614, where an immovable-property lease is evidenced by a document of legally certain date, the new owner succeeds to its rights and obligations unless the lease provides otherwise. A sale therefore needs review before assuming that the tenant must immediately leave or that the rent automatically changes.
The prospective buyer should examine the tenancy file before committing to the price and handover date. The seller should disclose occupation by a third party early. An advertisement promising that a home will be delivered empty does not replace a reviewed, workable agreement with the tenant. Ensure that anyone advising on the purchase has the tenancy documents as well as the title file.
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Terms and rights to review before completing the purchase
Without a document of certain date, or where the lease contains a relevant removal clause on transfer, Article 615 and its notice requirements need assessment alongside any special tenancy rules. Article 618 adds formalities for leases exceeding nine years to bind a new owner. Acquisition at auction must not be treated as an ordinary sale without separate review.
Check who signed as landlord and in what capacity. Owner, usufructuary and landlord are not necessarily the same person, as the case law also explains. Gather extensions, subletting terms, termination notices and details of existing disputes. Record missing documents rather than assuming that no arrangement existed. The legal classification and history of the tenancy can matter more than its informal description.
Rent, the deposit and notifying the tenant
At handover, separately record the deposit, advance rent, arrears and outstanding expenditure. Arrange written notification of the person entitled to receive payment and the payment account, supported by evidence of the change. A tenant should not simply stop paying, but should not redirect rent solely because an unverified message gives new bank details either.
An AADE lease information declaration is a different step from reviewing the contract and succession to it under civil law. Coordinate any required declarations with the accountant and retain confirmations. A month-by-month payment table helps identify duplicate demands or missing entries. Do not assume that every payment made before the sale is irrelevant to the buyer or that the tax record alone resolves a contractual disagreement.
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Vacant possession: agreement or the appropriate legal procedure
If the purchase depends on the tenant leaving, the conditions and a realistic timetable need to be recorded before a binding commitment. Identify who must take each step, what happens if handover is delayed and how the return of the property will be documented. Avoid improvised measures such as changing locks, removing belongings or cutting off utilities.
If served with a notice or court document, retain the evidence of service and seek prompt legal assessment. For a property in Heraklion or elsewhere in Crete, an initial review can start with organised copies of the documents below. The appropriate route depends on the property's use, agreement and grounds for recovery. Sources were checked on 21 October 2026.
- Lease, extensions, amendments and AADE declarations
- Deeds and evidence of the landlord's and new owner's legal capacities
- Rent, deposit and prepayment records
- Draft sale documents, handover agreements and documents already served
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.
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