Tenant's out-of-court notice terminating a lease (Greece)

Published byDocMuse

The out-of-court notice (εξώδικη δήλωση) by which a tenant in Greece terminates a residential lease. Greek law gives a tenant no right to leave early, and one who leaves without cause owes rent to the end of the term; so the notice relies on the lease's early-exit clause, on serious cause (Civil Code 585, 588), on Article 609 for an open-ended lease after three years, or on the end of the agreed term, and otherwise stands as an offer to end the lease by agreement. It sets the end and handover dates, asks for the deposit back, and is served by a court bailiff, whose report proves what was said and when.

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Common questions

Why does a tenant's notice in Greece need a lease clause or serious cause?

Because a residential tenant has no statutory right to leave before the lease ends, and one who leaves without cause generally owes rent until it does (Civil Code 596). Before the end, the notice rests on an early-exit clause or on serious cause: use withdrawn or defects not fixed within a reasonable deadline (Article 585), or a serious danger to health (Article 588). After three years, an open-ended lease can be ended under Article 609 without a reason. Otherwise the notice works as an offer to end the lease by agreement.

Why is a tenant's notice in Greece served by a court bailiff?

The sender writes the out-of-court notice; a court bailiff (δικαστικός επιμελητής) serves it and draws up a report of service, which proves what was said and when it arrived. The notice periods run from service, and the landlord cannot claim never to have received it. A plain e-mail or message is not service, and electronic service exists only through a bailiff.

What if the Greek landlord does not accept the early termination?

If the landlord disputes the clause or the serious cause, the notice also stands as an offer to end the lease by agreement on the same date. An agreement shortening the three-year minimum is valid when made at least six months after the lease began and proved by a notarial document. Without agreement the dispute goes to court, where the lease clause or the cause relied on is what counts.