Rental of Immovable Property
In the everyday and most common human agreements belong the ones between people who decide to rent a property either to live in it or to house their own business and people who own property and have it for rental. These agreements are classified in the law as "leases" and are distinguished in (a) civil leases, if the property is used as the lessees’ home and (b) professional leases, if it is used as the address of their business.
Both of these categories have their peculiarities and are therefore regulated in detail in the law. Specifically:
A) In the case of civil leases, the owner of the property agrees to rent the property to the lessee so that he/she lives there either alone or with his/her family members. The above agreement is detailed and must include specific details, such as the agreed duration of the lease and the rent to be paid, the date of payment, forecasts of any factual and legal defects and everything else that is crucial to be determined based on the particularities of the property, but also the needs of the parties. The parties must be very careful when making the above agreement in order to reach an advantageous agreement in which both of the parties will feel safe, the lessees that they will have a stable and suitable home and the lessors that they will receive the rent.
It is therefore crucial that all the terms of the parties are set out in a written agreement, which will be signed and can be used as a strong means of proof in case one of the parties does not honor the agreement. Especially nowadays, with the intense financial crisis, it is extremely common for tenants to delay the payment of rents, while on the other hand owners suddenly demand that the rent is used for owner-occupied housing. A strong written agreement protects the parties, who know exactly their rights and obligations. Subsequently, the parties have to declare this agreement electronically via the taxisnet system.
B) Even more attention is needed in the case of professional leases, whose biotic significance is so great that they are the subject of specific laws. These laws are undergoing frequent reforms to keep pace with the ever-changing market needs. The particularity of these leases lies in the fact that the lease is used exclusively as a professional address. It is obvious that professionals who use a property as their business address need to feel safe about the terms of the lease. For example, a professional cannot feel insecure about a possible eviction without serious reasons when this address is the center of all his economic activities, gains reputation, costumers are aware of it etc. For this reason the law defines more specific and stricter conditions for the validity of the lease, the duration, the permissible ways of its termination, as well as compensation in case of failure to comply with it. Also, in certain cases of long-term leases, it is necessary to draw up a notarial document and to register it to the competent land register, so there is also involvement of other services. However, the law also safeguards the interests of the lessor in the event of defaulting debtors.
The thorough knowledge of the relevant laws and the drawing up of a detailed contract, again offers security to the parties, to the lessors that they will achieve a stable and long-lasting exploitation of their property and to the lessees that they will have the right to remain in it without unpleasant surprises.
In both civil and business leases, it is very important to make clear agreements that will illuminate all the details, properties of the lease, what use it will have, the rent, the duration of the contract and to imprint them in a written contract. In order to achieve this, the assistance of a legal scientist-lawyer, who will draw up the contract, intensify the attention of the parties to the crucial points, advise and ensure that the client is fully informed and secure is necessary.
Furthermore, in case one of the parties fails to comply with the contract, the lawyer will immediately either initiate mediation procedures to reach a compromise or go to court. The profound knowledge and immediate action of an experienced legal guardian ensures that the rights of the parties are secured and the appropriate legal remedies are exercised as long as they are needed and that the short deadlines set by the law for their exercise are not lost.
The International Law Office of Mrs. Svetlana Kasatkina-Kouskou undertakes cases of civil and professional lease agreements and provides the interested parties with advice on the delicate subjects to pay attention to, negotiating with the parties, drafting the lease agreement, assisting in the electronic statement, representation before the notary , registration of the notarial document to the competent land register, mediation and representation before the courts with the drafting and launching of appropriate legal remedies and means. With our long-term experience in real estate affairs, continuous monitoring of laws and market knowledge, we guarantee to prepare your lease agreement and ensure that your lease progresses smoothly and your interests are safeguarded.
INTERNATIONAL LAW OFFICE OF MRS SVETLANA KASATKINA-KOUSKOU
Greece, Athens 10679, 2 Ippokratus St
(«Panepistimio» metro station)