Out-of-court demand for the return of a rental deposit (Greece)

Published byDocMuse

The out-of-court demand (εξώδικη πρόσκληση) by which a former tenant in Greece asks the landlord to return the deposit. The law sets neither the amount nor a deadline — the lease does — and the landlord's claims for damage lapse six months after the home is handed back (Article 602 of the Greek Civil Code). The demand gives ten days, puts the landlord in default, and is served by a court bailiff, so the report of service proves its content and date before a payment order is sought.

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Common questions

How soon must a deposit under a Greek lease be returned?

The law sets neither the amount nor a deadline; the lease does, and a deposit of one or two months' rent is customary. The leases on this site set thirty days from the handover. Where the lease sets no deadline, this demand puts the landlord in default from service, and interest runs from then.

Why is the Greek deposit demand served by a court bailiff?

Because the bailiff's report of service proves beyond dispute what was demanded and when the landlord received it. The ten days and the default interest run from service. A registered letter is also valid, but the out-of-court notice is what a Greek recipient expects, and it proves the content as well as the delivery.

Can a tenant in Greece skip the last months' rent to recover the deposit?

Not without the landlord's agreement while the lease runs: the deposit is not the last months' rent. Once the lease has ended, though, the deposit claim may be set off against rent owed, even if the lease says otherwise. If the landlord does not pay after the demand, a payment order can be sought from a lawyer, based on the lease and the move-out record.