ORDER OF RESTITUTION OF THE PREMISES AND LEASE PAYMENTS LEASE – ORDER OF RESTITUTION OF THE PREMISES!!!!
28 Mar 2019 -- Posted by :
Whether it concerns the lease of a house or a lease of a professional residence, the landlord (owner) of the property has the obligation to deliver the use of the property, and the tenant has the obligation to pay the rent. However, what happens if the tenant does not pay the rent?
The relatively short process is called issuing an order of restitution of the premises of rental property.
Conditions
1. The beginning of the lease must be proved in writing, namely there must be a lease agreement certified by the tax office.
2. Delay of rent due to recalcitrance.
Procedure
It is required that a letter of formal notice is drafted by a lawyer and served by a court enforcement officer to the tenant, namely written out-of-court protest-invitation, at least 15 days before the submission of the application for the issuance of an order of restitution of the premises. A letter of formal notice is required to be served only once. After the expiration of 15 days from the date of serving the letter of formal notice to the tenant (and not 30 days, as was the case before), an application for an order of restitution of the premises is drawn up and submitted by a lawyer to the competent court. If the rent is paid within fifteen days, as evidenced in writing, then the issuance of an order of restitution of the premises of the lease is excluded. A letter of formal notice is required to be served only once and not twice, as it was the case before, namely if the tenant presents recalcitrance again in paying rent. It should be noted that the landlord should not terminate the lease agreement with the out-of-court letter of formal notice, but should provide a period of time for the payment of the rents because otherwise the landlord will have in this case to file a civil action against the tenant that is a time-consuming and psychologically painful process.
The case is adjudicated without a hearing (without suggestions, witnesses, etc.). The decision is issued within a few days and is an enforceable instrument. Twenty (20) full days after serving the decision to the tenant through a court enforcement officer, its execution can take place through a copy of the writ of execution with an order to be executed which is written by the lawyer, without now requiring to serve previously a copy of it based on Law 4055/2012. This way, time is saved and additionally the landlord is not burdened with new expenses for the execution of the decision. The execution of the order of restitution of the premises of the lease is carried out in the presence of a court enforcement officer, of the landlord-owner or even in the presence of a police officer, having with them the writ of execution and the certificate of proof of service. The lessee is entitled to file a notice of opposition against the order of restitution of the premises within an exclusive period of 15 working days, but this action does not suspend its execution, namely the eviction of the lessee.
Further, with the new amendments to the Code of Civil Procedure regarding the eviction of tenants with recalcitrance, Article 662Θ was added. The purpose of this article is to provide the landlord-owner with the opportunity to accumulate in the application for an order of restitution of the premises of the property a payment claim of the due rents, household expenses, fees and utility bills if they are evidenced from public or private documents. This way, the landlord saves time and is not burdened with additional court costs.