Leasing dispute resolution constitutes one of the most well practiced and significant activities of our office. The specialized knowledge of our partners allows us to handle these matters with great speed and efficiency.
The Firm takes great care of each case in all aspects, from its practical organization to the client’s representation in court and towards other parties involved. Our dynamic and knowledgeable presence in negotiation and court procedures assure a successful resolution of the matter in hand.
Our basic ethical principle is to avoid complex and cost-defective solutions and to come up with meticulous solutions tailored and adjusted to each case. Legal and commercial preparation are key elements to our success.
Examples of our Leasing dispute workload are:
- Residential and Commercial leases.
- Lease complaints (by the lessor towards the lessee and vice versa).
- Abnormal developments of the contract.
- Tenancy agreements’ renewals.
- Compensations under leasing contracts.
- Legislative developments in commercial contracts.
Significant developments have occurred in the field of commercial contracts, since 18 December 2012. The relevant act, titled “Urgent Regulation for the Economic Development of the Country” brought more flexibility between commercial real estate lessors and lessees. Particularly the cost for shop or office tenants that decide to cease or postpone their commercial activities is reduced.
Additionally, in terms of early cancellation of the contract, especially for twelve-year leases, the only compensation that can be awarded is for about 3-4 months. It is worth mentioning that if the tenant informs the lessor three months in advance, then he only has to pay a compensation of the three month notice period.
The significance of such regulations becomes clear due to the unprecedented economic crisis and is interpreted as an effort to tone up a desolated market. It aims at providing incentives to the purchasers and lessees of properties by reducing the business risks and minimizing the compensations. Inevitably, the cancellation or discontinuation of commercial leases constitute a very frequent phenomenon.
Our office has a long standing success streak in handling such cases.
As far as the equally frequent residence leases are concerned, it is worth mentioning that the landlord has the following obligations: a) He is principally liable for the operation of the lease, b) he owes the tenant any necessary expenditures that the latter incurred on the lease, c) he must deliver the lease in a suitable state for the agreed use and preserve it in that state for the during of the contract, and d) he does not have the right to demand compensation for any damages or changes caused by the agreed use.
The tenant, in turn, is obliged to pay the rent and return the lease in the same state as it was delivered to him. By proceeding to the proper legal action and, in cases of emergency, the necessary interim measures, we resolve every difference as between landlords and tenants.
As for the leases’ end of duration, we point out that it does not necessarily cease at the completion of the agreed duration, but is silently renewed upon the continuing use of the lease by the tenant, against which the landlord may not oppose. An “indefinite period” lease is considered to expire at or after a three year period upon notification by one of the parties. It is thus that the matter of duration and valid notification is most crucial in terms of such leases. On our side, we can guarantee the use and application of most proper contractual provisions in protecting our client’s interests and successfully resolving any matter that arises under the contract.
Leasing is a method of obtaining rights of possession, but also ownership, on subjects such as real estate, means of transportation and equipment of any scale, which enterprises and freelancers use for commercial and investment purposes.
The significant advantages that leasing offers are plenty including: a) Upgrading the creditworthiness of companies, b) Activating financial resources derived from proprietary assets, and c) Allowing for the funding of industrial production without the binding of private funds, but with the provision of the necessary securitization.
Our office is specialized in handling disputes emerging from Leasing, especially for companies, including general partnerships, anonymous societies (SA) and limited liability companies, but also for individual entrepreneurs.