The laws governing landlords and tenants in Cyprus are complex. It’s often the case that landlords find they’re unable to evict tenants when they refuse to pay rent or at the end of their tenancy agreement.
One case I remember very well concerned an EU national who contacted me for help. He’d rented his property in Limassol’s “millionaires row” (Kalogiri) to a couple who refused to leave the property or pay rent when the tenancy agreement ended.
It took him more than a year to get an eviction order from the court. And finally, before they left, the couple completely trashed his property and left the island.
This was an extreme case, but many landlords are forced to take lengthy legal action against tenants who refuse to vacate.
However, a significant ruling was issued by the Court of Appeal (Criminal Jurisdiction) concerning a tenant who remained in a property after the landlord had lawfully terminated the tenancy agreement.
Court of appeal ruling: tenants refusing to vacate
The Court overturned the District Court’s initial decision, ruling that remaining in a property after the end of the lease constitutes unlawful possession without the consent of the registered owner, thus breaching Article 281(1)(a) of the Criminal Code.
(The Criminal Code states that the offender is liable to imprisonment for a term not exceeding five years, or to a fine not exceeding ten thousand euros (€10,000), or to both.)
According to the judgment, even when a tenant initially obtained lawful possession through a valid tenancy agreement, refusing to vacate the premises after the agreement’s termination amounts to illegal continuation of possession.
The Court further clarified that whether the termination of the tenancy was correctly carried out or not is a matter of civil law, which does not affect the existence of the criminal offence.
In other words, even if a tenant disputes the termination, remaining in the property without the landlord’s consent is criminally punishable, irrespective of any future civil claims or compensation requests.
What the decision means in practice
This decision is considered particularly significant, as it addresses a long-standing issue in Cyprus: tenants often remain in properties long after the lease has expired, sometimes without paying rent, taking advantage of the lengthy eviction process.
With this new ruling:
- It is confirmed that staying in a property after termination of the tenancy agreement constitutes a criminal offence.
- Landlords can now report and pursue criminal charges against tenants who refuse to vacate the property, without first undergoing a lengthy civil eviction process.
- It prevents abuse of the judicial process by those seeking to delay their departure at the expense of property owners.
- It strengthens landlords’ rights, providing them with a direct legal mechanism to protect their property.
By correctly interpreting Article 281 of the Criminal Code, the Court made it clear that property rights are not just a civil matter but are also protected under criminal law. This stricter approach strengthens legal certainty and helps restore people’s confidence in how effectively the justice system works.
Legal representation
The case was handled by lawyers Alex Themi and George Ioannou, representing the law firm George Z. Georgiou & Associates LLC.
(Partly translated from an article published in Sigmalive)
