Out-of-court notice of defects in a rented home, with a rent reduction (Greece)

Published byDocMuse

The out-of-court notice (εξώδικη δήλωση) by which a tenant in Greece tells the landlord about defects in the home — damp, a heating or plumbing failure — and calls for them to be fixed by a set date. Under Articles 576–577 of the Greek Civil Code, a defect that wholly or partly prevents the agreed use entitles the tenant to a reduction of the rent or release from it, and the notice states the reduction. It is served by a court bailiff, so the report of service proves from when the landlord knew.

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Common questions

When is a tenant in Greece entitled to a rent reduction for defects?

Under Articles 576 and 577 of the Civil Code, when a defect wholly or partly prevents the agreed use of the home, or a quality that was agreed is missing. The tenant is then entitled to a reduction in proportion to the loss of use, or release from the rent if use is ruled out entirely, for as long as the defect lasts. Damages can be claimed where an agreed quality is missing, the defect is the landlord's fault, or the landlord is late in fixing it; in that last case the tenant may also have it fixed at the landlord's cost (Articles 577 and 578).

What does a Greek tenant risk by cutting the rent without agreement?

If the cut is larger than the defect justifies, the difference may be treated as unpaid rent and give the landlord grounds to terminate under Article 597 of the Civil Code. So the reduction should be proportionate and backed by photographs or a technician's opinion. When in doubt, it is safer to pay the full rent under express reservation and claim the difference later.

Why send a notice of defects in Greece as a bailiff-served out-of-court notice?

Because the bailiff's report of service shows beyond dispute from when the landlord knew of the defects and what was asked. That matters for the rent reduction, for any damages and for a possible termination if the defects are not fixed. Keep dated photographs of the defects alongside it.