Regarding the rental of real estate, the following changes are being promoted by the government:
1. Establishment of the mandatory payment of the entire rent through a bank. Therefore, the tenant will deposit the rent each month into the bank account of the owner of his residence.
2. The above measure concerns all rent deposits, even under €400 and in fact they will not be allowed to be made at bank counters or through ATMs, but only through e-banking. Quite simply, it should show the deposit from the tenant's account to the landlord's account.
3. In addition, commission issues will be regulated if the owner-tenant banks are different, as the additional charge reaches up to €4 for each transaction. Therefore, the scenario of sharing this cost between the tenant and the owner is being considered.
4. In any case, not paying the rent electronically will constitute a tax violation!
5. Connection of area (sq. m) and property value with the amount of rent.
6. Establishment of an anonymous complaint for violations of the law, if e.g. the landlord asks to collect the rent in "black".
7. Finally, fezzes to owners. The law will be tough, as thousands of lawsuits have been filed for breach of agreements. With his declaration, the owner will no longer proceed with an action for the rents, but a simple declaration to the tax office, with the presentation of the bank account, will suffice.
Penalties for not providing information from digital platforms range from 30,000 to 100,000 euros for the internet service provider, while other persons may be fined from 5,000 to 30,000 euros for breaching their obligation to provide information to AADE.
Tips for owners
All old and new principal residence leases are currently determined by the general provisions of the Civil Code:
● The lease has a minimum duration of three years, it is mandatory for both parties, even if a shorter period has been agreed. A shortening of the three years is only allowed with a newer notarial deed, six months after the start of the lease.
● Rent and revaluation. Any agreement on the amount of the rent as well as on its subsequent gradual adjustment, which is included in the lease, is legally absolutely valid. Today, the agreement of high adjustment rates is difficult to keep in practice.
● Readjustment during the three years. If the contractual period was set to be shorter than three years without agreeing on the manner of rent adjustment for the remaining period until its completion, then the rent paid until the end of the three-year period by law must be adjusted annually, as in professional leases. That is, equal to 75% of the change in the consumer price index.
● Use of residence. Only leases in which the rental is used as the tenant's primary residence are subject to the above arrangements. These provisions do not apply to leases for secondary or holiday homes or temporary accommodation. If the rent is used for family housing, the spouse's full name must be written when it is drawn up.
● Termination due to termination. The only condition for terminating a principal residence lease by the lessor is the passage of three years from its commencement. There is no longer a complaint for owner-occupied housing.
● Non-payment of rent. An expedited procedure for the issuance of a court "wage payment order" has been established.
Useful tips for renters
● Carefully check the house you have found to rent. Look carefully at what condition it is in. See it day and not night!
● Request that defects be rectified immediately. If this is not possible, they should be indicated in the lease.
● Research the utility potential of the property. See how well it serves you, i.e. if there are schools, market, etc. nearby.
● Find out immediately how much the financial obligations are in utilities, bills, municipal fees, etc.
● You do not pay down payments unless you are sure that the person requesting them is actually the homeowner or their authorized representative.
● All leases have a minimum duration of three (3) years from the start, just like professional ones.
● The agreement is mandatory for both parties, regardless of whether a shorter period has been agreed in the lease.
● After the end of the three years, the lease is usually continued by the implied agreement of the landlord and tenant as an indefinite term.
● Attention! Unilateral departure of the tenant before the completion of three years, without the express agreement of the lessor, does not relieve him of his obligations nor justify the return of the guarantee.
● The entire agreed rent is always written on the lease, which goes to AADE immediately.
● With the signing of the lease, one month's deposit is paid as a guarantee for old houses and two for new ones.
● The deposit is returned interest-free upon the tenant's departure, usually upon the return of the residence to the owner in good condition and the payment of all rent, utilities and utility bills and generally the settlement of all financial outstandings of any kind between them.
● For the non-fulfillment of his obligations (rent-shares-bills) an out-of-court summons is issued for payment of the debts.
● If the dues are paid within 15 days, then the process stops automatically, unless this has been repeated in the past.
● If they are not paid, a "rent return order" is immediately issued and served on the tenant, which may include an order to pay rent, utilities and bills due, which is executed after 20 days.
● The tenant has the right to challenge this order with his lawyer, presenting valid reasons, such as the timely payment of debts.
● If you normally offered the rent to the landlord, but he unlawfully refused to collect it, in order not to be seen as obnoxious, you have the right to deposit the money into the Deposit and Loan Fund.
