What to do if your tenant doesn’t pay (2026 Update)
Delayed or unpaid rent is one of the biggest “headaches” for any property owner. In 2026, the legal framework provides faster tools than ever, but strategy and strict adherence to deadlines are required to avoid bureaucratic deadlocks.
As of May 1st, 2026, the landscape of rental disputes has fundamentally changed with the implementation of Law 5221/2025. The most significant innovation is that the Order for Possession of Leased Property (the so-called “Express Eviction”) is now issued directly by Certified Attorneys rather than judges, aiming to de-clog the court system.
- Extrajudicial Notice (Exodiko): The Essential First Step
Before any legal action, the first move is to serve an extrajudicial notice via a court bailiff.
- Why it matters: It serves as an official warning and is an absolute legal prerequisite for the issuance of an eviction order.
- What it includes: The exact amount of rent owed, any unpaid utility bills etc.
If the tenant does not comply with the notice, the process is now digitized and significantly accelerated:
- Jurisdiction: Your lawyer files the application. The issuance of the order is assigned to a Certified Attorney (selected from the official Bar Association registries), who acts as a quasi-judicial officer.
- Speed: The order is now typically issued within 20 days of filing a complete file, bypassing the month-long delays of the civil courts.
- Expanded Scope: The “express” procedure now covers both rent arrears and lease expiration, in cases where the tenant refuses to vacate the premises after the contract ends.
- Dual Benefit: Simultaneously with the possession order, a Payment Order for the owed rent is issued, allowing for immediate asset seizures or bank account attachments.
Summary of 2026 Changes: Key Takeaways
|
Feature |
Old Framework |
New Framework (L. 5221/2025) |
|
Issuing Authority |
Judge |
Certified Attorney |
|
Issuance Time |
months |
20 days |
|
Lease Expiration |
Usually required a Lawsuit |
Covered by Possession Order |
Critical Tips and Common Mistakes
- Legal Advice: Contact us immediately once the first month of delay is completed.
- Avoid Self-Help: Do not change the locks or disconnect utilities (electricity/water). You risk being sued for “unlawful violence.”
- The Tax Trap: To avoid being taxed on income you never received, you must have served the tenant with an extrajudicial notice or a payment order before the tax filing deadline. Inaction results in unnecessary tax burdens.
When is an Eviction Lawsuit (Agogi) still necessary?
The traditional court route is only followed if there are serious disputes regarding the validity of the lease or complex claims for property damages that require judicial judgment and witness testimonies.
Our law office is included in the official registries of certified attorneys authorized to issue Orders for Possession of Leased Property (Law 5221/2025). Hence, our Office has the expertise to help you with such issues.
