Late or non-payment of rent is an increasingly common problem for property owners. The COVID-19 pandemic, with the financial difficulties it brought about, intensified this phenomenon, creating uncertainty and anxiety for many.
This problem is due to various factors, such as punctuality, unemployment and lack of adequate control in the selection of tenants. In fact, some refer to "professional defaulters", who rent properties with the aim of not paying the rents and causing losses.
But how can owners protect themselves?
According to POMIDA (Panhellenic Association of Property Owners), the "age of innocence" is over, and every landlord should carefully check the background and credibility of a prospective tenant before handing over the keys to their property.
However, if the problem has already arisen, there are three legal avenues a landlord can take to collect rent owed:
1. Termination of the lease: According to the Civil Code, the landlord can terminate the lease for non-payment of rent.
2. Evict action: The owner may file a vexatious action under the Code of Civil Procedure.
3. Rent payment order: This is a simplified process that does not require a trial. In it, the owner can request the immediate return of the property and at the same time claim the due rents.
POMIDA proposed and achieved significant changes in the process of issuing a rent return order, which were incorporated into Law 4055/2012. These changes shorten the process, simplifying the legal process for expelling defaulters. Through this process, the landlord can demand not only the return of the property, but also the payment of arrears of rent, utilities and utility bills.
Tips for owners from POMIDA
• Careful tenant selection: It is important to carefully check the background and credibility of the prospective tenant before signing the lease.
• Drafting a detailed contract: The lease contract must be clear and comprehensive, precisely defining the rights and obligations of the contracting parties.
• Record keeping: It is important to keep a record of all documents related to the tenancy, such as payment receipts and notices.
• Contact a lawyer: If you have problems with a defaulting tenant, it is important to consult a lawyer.
What to do if the tenant leaves things behind
If, after the tenant's dismissal, he has left behind movable objects, the owner is obliged to keep them temporarily. POMIDA has achieved changes in legislation that reduce the length of time the owner is responsible for keeping these items to just six months.
Source: www.protothema.gr
