Delays in Justice for Rental Cases: A Chronic Problem with Serious Consequences for Property Owners

Τετάρτη 22 Ιανουαρίου 2025
Φωτογραφία από Delays in Justice for Rental Cases: A Chronic Problem with Serious Consequences for Property Owners

The delay in the administration of justice in rental cases constitutes a long-standing and substantial problem for the Greek legal system. Despite the existence of an extensive legislative framework regulating rental relationships, its implementation is hindered by time-consuming judicial procedures, disproportionately burdening landlords.

Legislative Framework: Theory and Practice

The Civil Code, through Article 597, provides landlords with the ability to terminate a lease due to delayed rent payments. Additionally, Article 637 of the Code of Civil Procedure allows for the issuance of an order for the return of the leased property in case of tenant default, provided that the commencement of the lease is proven in writing and a notice has been given at least 15 days prior to the application.

However, the above provisions often prove inadequate in practice, as the issuance of such orders can be significantly delayed and their execution may face further obstacles.

Economic and Practical Consequences for Landlords

The delay in the administration of justice has direct economic consequences for property owners. Article 2 of Law 1703/1987 equates the delay in payment of common expenses and other costs with delayed rent payment; however, the pursuit of such debts remains time-consuming.

Simultaneously, owners are deprived of the ability to utilize their property, continue to be burdened with tax and other obligations, and often suffer damages to the leased property without the possibility of immediate restoration or compensation, as evidenced by relevant administrative decisions (see Ministerial Decision 5913/2025).

The "Trap" of Payment at the Hearing

According to Article 661 of the Code of Civil Procedure, the settlement of overdue rent payments up until the hearing of the case terminates the proceedings for the return of the property, unless there is repeated delay. This legislative provision, while serving to protect the tenant, is sometimes abusively used by difficult tenants as a means of delay or coercion.

Use Compensation: An Additional Thorn

After the termination of the lease, a tenant who remains in the property owes compensation for use rather than rent. Although the relevant claim is based on fair restoration of the landlord's damages, this process also requires recourse to justice, thus being subject to the same delays.

The Hope of Reform: The "Floridis Law"

With the passing of new provisions (Floridis Law), expected to be implemented from September 2025, a significant reformative breakthrough is attempted. It is anticipated that rental cases will be tried within 8 months at the Athens Court of First Instance, while final decisions should be issued within 730 days. Although optimistic, these predictions remain to be proven feasible in practice, especially in light of experience to date.

Conclusion

The delay in the administration of justice in rental cases is not merely a legal issue. It is a social and economic problem that directly affects the owner's right to their property. The legislation exists – its implementation is what is needed. And until there is effective and swift judicial protection, landlords will continue to find themselves at a disadvantage.