Property leasing: amendment and effect.

A recent legislative regulation, which brings significant changes in the field of civil and professional leases, has been introduced by art. 637 in the Code of Civil Procedure, as amended by art. 72 of Law 5221/2025, already in force as of 1/1/2026.

The new provision introduces a significant change that expands the scope of application in order for the return of the leased property so that it now also covers the cases where a lease's duration period reaches its end.

Thus, in the event that the duration time of the lease has expired, and provided that the commencement or termination of the lease is proven in writing, the issuance of an order for the return of the leased property may be requested.

A prerequisite for the relevant procedure is the prior service by the lessor to the lessee of an extrajudicial summons to return the leased property, at least three (3) months before the expiration of the lease term or, if it is a lease that has become indefinite after its expiration, at least three (3) months before the service of the order to return the lease.

After the issuance of a restitution order and its service to the lessee, the enforcement procedure with an order to a competent bailiff for the eviction of the lessee and the return of the lease to the lessor may begin after two (2) months have elapsed from the service of the order to the lessee.

What this amendment actually entails.

The new provision now expands the possibilities for landlords to quickly recover the use of the leased property, through the issuance of a restitution order, also in cases of expiration of the lease duration, in addition to the so far application of the relevant procedure only to outstanding rents.

For tenants, the new regulation is likely to bring increased pressure to leave the lease once its duration is expired, in cases where a written extension or renewal of its duration is not concluded in a timely manner.

It is always important to evaluate with particular attention all the terms of a private lease agreement, amongst others the term that provides for and defines the duration of the lease.