GREECE Law and Practice Contributed by: Nikolaos Koulocheris, Ioannis Charalampopoulos, Rozita Karasso and Dimitra Kotsovelou, Machas & Partners
based on lease terms and insolvency proce - dures. In light of the above, it is common practice to include a provision stipulating the termination of the contract in the event of the tenant’s insol - vency. 6.17 Right to Occupy After Termination or Expiry of a Lease Under Greek law, a tenant does not have the right to remain in a commercial property after the expiry or termination of the lease unless tac - it renewal has been agreed beforehand or the landlord permits it. To ensure the tenant vacates the property, clear termination clauses should be included in the lease, and if the tenant refuses to leave, eviction proceedings may be initiated. In the event that the tenant remains, they must pay compensation for the use of the property, along with a penalty if this is contractually agreed, typi - cally as an increase in rent. 6.18 Right to Assign a Leasehold Interest Under Greek law, a tenant can assign their lease - hold interest or sublease the property, either in whole or in part, only if the landlord agrees or if the lease explicitly permits it. In case of assign - ment, it is customary that the sublessee is jointly and severally liable with the initial lessee towards the landlord while direct payment from subles - see to landlord may also be provided. 6.19 Right to Terminate a Lease Under Greek law, both landlords and tenants may terminate a lease for various reasons. Common grounds include non-payment of rent, breach of lease terms, expiration of the lease, and force majeure events. Both parties may also agree to terminate the lease early by mutual con - sent. If the property becomes uninhabitable or
is destroyed, the lease can be terminated. Addi - tionally, if the tenant is unable to fulfil their obli - gations (eg, due to insolvency), the landlord may terminate the lease. Residential leases may have special protections, while commercial leases are governed by specific terms agreed upon by the parties. 6.20 Registration Requirements In Greece, pursuant to Article 618 of the Civil Code, a property lease for a period longer than nine years is only valid against a new owner fol - lowing the lapse of its ninth anniversary if it is executed with a notarial deed and the deed is registered. However, commercial leases do not require registration with the Land Registry or Cadastre to be enforceable against third parties. While a written lease is recommended, it is not mandatory as long as it is registered with the tax authorities. Registration fees vary, and stamp duty amounts to 3.6% of the annual rent. These costs are typically borne by the tenant unless otherwise agreed. Notary fees may apply if the lease is notarised. 6.21 Forced Eviction A tenant can be evicted for default before the lease term expires, primarily for non-payment of rent or breach of lease terms. The landlord must first serve a formal notice. If the tenant does not comply, the landlord may file for eviction through summary proceedings, which typically take two to three months, or standard litigation, which can take over a year. During COVID-19, Greece imposed temporary eviction moratoriums, mainly for affected busi - nesses, but these have now expired. No current restrictions apply, and eviction procedures have returned to pre-pandemic timelines.
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