The Amendment Of Article 637 Of The Greek Code Of Civil Procedure: Expanding The Scope Of The Order For The Delivery Of Leased Property

The order for the delivery of the use of leased property constitutes a key procedural instrument under Greek law, enabling landlords to recover possession of their property through a significantly faster process than ordinary court proceedings. Traditionally, this mechanism was primarily available in cases where the tenant was in default due to persistent delay in the payment of rent. However, with the recent amendment of Article 637 of the Greek Code of Civil Procedure (CCP), introduced by Law 5221/2025 (Government Gazette A' 133/28.7.2025) and entering into force on 1 January 2026, the scope of this procedure is substantially broadened, marking an important development in Greek tenancy law.

1. The previous legal framework under article 637 CCP

Under the former wording of Article 637 CCP, an order for the delivery of leased property could only be issued in cases of rent arrears attributable to the tenant's fault. The issuance of such an order was subject to strict formal requirements, namely:

• The commencement of the lease had to be proven in writing.
• A written notice of default had to be served on the tenant by a court bailiff at least fifteen (15) days prior to the filing of the application.
• If the tenant paid the outstanding rent within this fifteen-day period (as evidenced in writing), the issuance of the order was precluded, unless the delay in payment was repeated and attributable to the tenant's bad faith.

As a result, landlords whose leases had expired but whose tenants remained in possession were generally required to resort to ordinary eviction proceedings, which are typically more time-consuming and costly.

2. The new wording of Article 637 CCP

Pursuant to Article 72 of Law 5221/2025, Article 637 CCP is now reformulated to expressly extend the availability of the order for delivery to cases where the fixed term of the lease has expired. In essence, the provision now allows for the issuance of an order for the delivery of leased property in two distinct situations: Delay in the payment of rent due to the tenant's fault, or expiry of the agreed duration of the lease, provided that the relevant conditions are met. Notably, the amended provision clarifies that not only the commencement but also the termination of the lease may be established through written evidence. In addition, two new paragraphs specifically regulate the procedural steps applicable where the order is sought on the basis of lease expiry.

3. Key innovations introduced by the amendment

The most significant innovation lies in the explicit inclusion of the expiry of the lease term as an independent ground for issuing an order for delivery. More specifically, the expiration of the agreed lease term is now expressly recognised as a lawful basis for issuing an order for delivery of the leased property. The provision clarifies that written evidence may relate both to the beginning and the end of the lease. Special procedural safeguards are introduced for cases involving lease expiry, including advance notice requirements and enforcement time limits.

4. Conditions for the issuance of an order for delivery
5. Rent arrears due to tenant's fault

The conditions applicable to rent arrears remain largely unchanged. The commencement of the lease must be proven in writing, a written notice of default must be served by a court bailiff at least fifteen (15) days before filing the application, payment of the rent within this period prevents the issuance of the order, unless there is repeated delay attributable to the tenant, and last but not least, service of a written notice is required only on the first occasion.

1. Expiry of the lease term (new ground)

Where the order is sought due to the expiration of the lease, the following conditions must be satisfied: The termination of the lease must be proven in writing. The landlord must have served an extrajudicial notice requesting the return of the property at least three (3) months prior to the expiration of the lease term, or in the case of a lease that has become of indefinite duration following its expiry, at least three (3) months prior to the service of the order for delivery. Enforcement proceedings may only commence after the lapse of two (2) months from the service of the order on the tenant.

5. Practical implications of the amendment

1. For Landlords

The amendment significantly enhances the ability to recover possession swiftly, as landlords may now rely on the expedited order for delivery even where the lease has simply expired. Careful planning and timely action are required, particularly with respect to the service of the three-month extrajudicial notice. The new framework offers an effective alternative to ordinary eviction proceedings, which often involve lengthy litigation.

1. For Tenants

The reform increases pressure on tenants to vacate the property promptly upon lease expiry. At the same time, tenants benefit from a built-in grace period, as enforcement may only begin two months after service of the order. Greater attention is required when entering into lease agreements, especially regarding their duration and termination clauses.

6. Conclusion

The amendment of Article 637 CCP constitutes a significant shift in Greek tenancy law, substantially expanding landlords' access to expedited remedies for the recovery of leased property. By allowing the issuance of an order for delivery not only in cases of rent arrears but also upon lease expiry, the legislator aims to streamline procedures and reduce both time and cost for property owners.

That said, the effective use of the new mechanism presupposes strict compliance with the formal requirements, particularly regarding written proof of lease termination and the timely service of the three-month extrajudicial notice. For this reason, both landlords and tenants are strongly advised to seek specialised legal advice in order to safeguard their rights and interests under the revised framework.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.