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A significant decision has been issued by the Cyprus Court of Appeal (Criminal Jurisdiction) in a case involving a tenant who remained in a property after the termination of the lease agreement by the landlord.
The Court ruled that a tenant's continued occupation of a property after the termination of the lease without the consent of the registered owner, constitutes unlawful possession and may fall under Article 281(1)(a) of the Criminal Code.
Legal Framework
Article 281 establishes the offence of unlawful possession, use, or exploitation of land that is registered in the name of another person, without the consent of the registered owner or other lawfully authorized person.
The offence is punishable by "imprisonment of up to six months or a fine not exceeding four hundred and fifty pounds, or both."
Cypriot case law has emphasized that all the essential elements of the offence must be met: (a) cultivation, possession, holding, or use of land, (b) which is registered in the name of another person, (c) without the consent of the registered owner.
Court of Appeal Decision
The Court of Appeal held that a tenant who lawfully obtained possession through a tenancy agreement may become an unlawful occupier once the landlord has terminated the lease and requested the return of the property.
Whether the termination of the lease by the landlord was carried out lawfully or is being challenged in civil proceedings does not affect the possibility of criminal prosecution for remaining in the property, nor does it negate the elements of the criminal offence. According to the Court, any challenge to the legality of the termination may be relevant only within the context of a civil claim for damages.
This means that, in addition to civil eviction proceedings, criminal proceedings against the tenant are also an option, offering more immediate and effective protection of the landlord's property.
The decision substantially strengthens the position of landlords, providing them with an additional legal tool beyond civil remedies to address cases where tenants remain in a property for extended periods often without paying rent taking advantage of delays in obtaining an eviction order.
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