When a Tenant Stops Paying in Greece: The Warning, the Repossession Order and How Long It Really Takes
What an owner who lets a Crete home long-term can do when the rent stops: the bailiff-served warning, the repossession order issued by a court-assigned lawyer since May 2026, the court that now hears objections, the 20-day and two-month clocks, the costs and the tax on rent never received, and the lease, deposit and guarantor that make all of it easier, as checked in November 2026.
When a long-term tenant in Greece stops paying, the law gives the owner a route that is faster than it used to be and still slower than most owners expect. The order to vacate is now signed by a court-assigned lawyer rather than a judge, but it only works if the lease is in writing or declared to AADE, and even then the fast route takes about three months at best, longer if the tenant fights. Rules as they stood in November 2026, checked against the Code of Civil Procedure as amended in 2025 and 2026, the Civil Code, the Ministry of Justice decision on the lawyers’ lists, AADE and the Income Tax Code.
I am not a lawyer and this is not legal advice. Every step below runs through your own Greek lawyer and a bailiff, the details turn on the wording of the lease and how it was declared, and the procedure was amended twice in 2026 alone.
Unpaid rent in one minute. A bailiff serves a written warning at least 15 days before the application; rent paid within those days stops the process unless delays are repeated (Code of Civil Procedure art. 637). Since 1 May 2026 the repossession order is issued by a lawyer assigned by the court registry within 20 days, for €300 prepaid (€400 with a rent claim). The tenant must leave 20 days after service and may object within 15 working days; an objection does not suspend enforcement unless a judge orders it (art. 643). The route needs a written lease or an AADE declaration the tenant accepted; otherwise it is a court action that takes many months. Objections go to the single-member court of first instance where the property is (law 5108/2024). In practice about three months. Uncollected rent escapes income tax if an order or action exists by the return deadline (Income Tax Code art. 39).
Two texts: ending the lease and getting the house back
The Civil Code gives the right. Under article 597, a landlord may terminate when rent is paid late in whole or in part, on at least one month’s notice for a lease of a year or more and ten days otherwise, and the termination has no effect if the tenant pays the arrears and the costs before the notice runs out. Law 1703/1987 treats unpaid common charges and other sums owed under the lease as late rent.
The Code of Civil Procedure gives the fast remedy, the repossession order (διαταγή απόδοσης μισθίου). Older guides place it in article 662A and the articles after it; Lawspot’s text of the Code marks article 662A as repealed, and the procedure now sits in articles 637 to 645. The usual sequence and the tenant’s protections are set out in letting your Crete home long-term.
The warning, the lawyer and the order
Article 637, as amended by law 5221/2025, allows the order for rent unpaid through wilful default where the lease is proven in writing and a written warning (όχληση) was served by a bailiff at least 15 days before the application. Payment within those 15 days, proven in writing, bars the order unless the tenant has delayed repeatedly, and the warning is needed only the first time.
For applications filed since 1 May 2026, under the transitional rule as moved by law 5264/2025, the application goes not to a judge but to a lawyer on a list kept at each court of first instance, assigned in alphabetical turn by the registry; the owner cannot pick who. Under Ministry of Justice decision 2124/2026 the lawyer collects the file within 5 days and issues the order within 20, and is paid in advance through the bar association, €300 for the order or €400 where unpaid rent is claimed with it. Law 5282/2026 and then law 5303/2026, in force since 22 May 2026, rewrote articles 640 and 641 so that the appointed lawyer signs the order or rejects the application; the order becomes enforceable 20 days after service. The bailiff (δικαστικός επιμελητής) serves the warning and the order and carries out the eviction; the owner does not.
Which court, now that the magistrates are gone
The magistrates’ courts that older guides mention were abolished by law 5108/2024, and article 14 provides that any reference to them in legislation means the single-member court of first instance. Lease disputes belong exclusively to the court where the property is (article 29) and are heard under the special procedure for property disputes (article 614); the same reform is covered in neighbour disputes.
The tenant can object within 15 working days of service (article 642). An objection does not stop enforcement by itself: under article 643, as amended by law 5282/2026, a judge of that court may suspend it on the tenant’s application, with or without security, until the objection is decided.
Realistic timelines and costs
The owners’ federation ΠΟΜΙΔΑ puts the unpaid-rent route at about three months in practice; holidays, an objection or a suspension stretch it. Where the lease is not proven by a written contract or an AADE declaration the tenant accepted, or damages are claimed too, the route is an ordinary action before the court of first instance, which ΠΟΜΙΔΑ says typically takes many months.
Beyond the €300–400, the owner pays their own lawyer, the bailiff and the fees for the enforceable copy of the order. No published scale for those could be checked, so ask your lawyer for a written estimate; ΠΟΜΙΔΑ notes that owners often never recover them. Arranging all of this from abroad is covered in managing a Crete home from abroad.
The deposit, and the tax on rent you never received
Law 1703/1987 caps the deposit at two months’ rent and allows rent to be prepaid only for the current month. According to the consumers’ union ΕΕΚΕ, the landlord may keep the deposit only for debts or damage. Against three months or more without rent, two months’ deposit falls short.
The tax is the part owners miss. Under article 39 §4 of the Income Tax Code, rent not collected stays out of income only if, by the return deadline, a payment order, a repossession order, a judgment or a filed action exists against the tenant; it is taxed in the year it is actually received. According to press guidance on AADE’s procedure, individuals claim it through AADE before the return, with a sworn statement and the court documents. Waiting to see whether the tenant pays can mean tax on money you never saw.
Prevention: the paper that makes the fast route possible
Everything above assumes the lease can be proven. Sign a written lease and declare it on myAADE: under decision A.1068/2025 the tenant has 30 days to accept or reject the declaration, and silence counts as acceptance. The same record matters if you ever sell, as buying a property with a tenant in place explains.
Ask for references and take the full two-month deposit. A guarantor who signs the lease is the strongest protection available, and under Civil Code article 849 a guarantee not given in writing is void. Check, as ΕΕΚΕ advises, that the tenant pays the common charges and utilities, because those usually slip first.
The honest downside
Even the faster route leaves months without rent, costs paid up front and rarely recovered, a deposit that covers part of the gap, and a tenant who can ask a judge to pause enforcement. The eviction is the bailiff’s job, not the owner’s. The rules changed in May 2026 and again since, so commentary from a year ago may describe a procedure that no longer exists. And an undeclared let loses the fast route entirely.
Disclosure: Honest Crete does not sell or list property. Enquiries sent from this section go to a licensed estate agent, not to us; the full statement is below. Nothing in this article names a lawyer, a bailiff, a letting agent, an insurer or any other business; the Ministry of Justice, the courts, AADE and the bar associations are named as the public institutions they are, and ΠΟΜΙΔΑ and ΕΕΚΕ as the owners’ and consumers’ associations whose published guidance is cited.
Worth it if you let long-term and want to be ready before anything goes wrong: a written, declared lease, the full deposit and a written guarantee are what make the three-month route possible, and filing in time keeps unpaid rent off your tax bill. Skip it if you hoped the 2026 reform meant a quick eviction: it shortened the paperwork, not the protections, and without a provable lease you are back in an ordinary court case.
How long does it take to evict a tenant for unpaid rent in Greece?
On the fast route, roughly three months. The owner's lawyer has a bailiff serve a written warning at least 15 days before applying, a lawyer assigned by the court registry issues the repossession order within 20 days, and the tenant must leave 20 days after the order is served. A tenant's objection or a request to suspend enforcement can add months.
Who issues a repossession order (διαταγή απόδοσης μισθίου) in Greece now?
Since 1 May 2026, a certified lawyer rather than a judge. The court registry assigns one in alphabetical turn from a list kept at each court of first instance, and the owner cannot choose who. The lawyer checks the file and signs the order or rejects the application; the owner prepays the lawyer's €300 compensation to the bar association, or €400 when unpaid rent is claimed alongside.
Can a tenant pay late and stop the eviction in Greece?
The first time, yes. Under article 637 of the Code of Civil Procedure, rent paid within the 15 days after the bailiff's warning, and proven in writing, bars the repossession order, unless the tenant has delayed repeatedly. The Civil Code works the same way: a termination for late rent has no effect if the arrears and costs are paid before the notice period ends.
Which court handles eviction cases in Greece after the magistrates' courts were abolished?
The single-member court of first instance of the area where the property is. Law 5108/2024 abolished the magistrates' courts and provides that any legal reference to them means that court. Its registry assigns the lawyer who issues repossession orders, and a judge there decides a tenant's objection and any request to suspend enforcement.
Can a landlord keep the deposit for unpaid rent in Greece?
The deposit can be kept against debts or damage, which includes unpaid rent, but not as a penalty. Law 1703/1987 caps it at two months' rent, so on a tenant who has stopped paying it rarely covers the months a repossession takes. A written guarantee from a third party is the larger safety net, and it must be in writing to be valid.
Do I pay tax on rent my tenant never paid in Greece?
Not if you act in time. Article 39 of the Income Tax Code leaves uncollected rent out of income when, by the tax return deadline, a payment order, a repossession order, a judgment or a filed court action exists against the tenant. The rent is taxed later only if it is collected. Rent after an expired lease does not qualify, and the claim goes through AADE before the return.
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