Rentals of commercial properties in Kalamata - Elite Real Estate

Today, commercial leases are regulated by the provisions of Law 34/1995, as amended by Laws 34/1995 and 34/1995. 2749/1999, ν. 4242/2014, ν. 4257/2014, ν. 4264/2014, ν. 4335/2015 and n. 4373/2016. Following the new legislative regime, commercial leases are now divided into "old" (before 28.2.2014) and "new" (after 28.2.2014).

(a) The lessor has the obligation to deliver to the lessee the leasehold property suitable for the agreed use and to keep it suitable throughout the duration of the lease.

(b) The lessor bears the burden of the lease (necessary expenses and costs of physical damage)

(c) The lessor has the right to set a certain amount as security. The security shall be returned to the lessee after the expiry of the lease.

(d) The lessor is given the right to determine per quarter the good and proper use of the lease in accordance with the terms of the lease, in person, through an agent or by an expert or surveyor.

(a) The lessee is obliged to payment of rent in the manner and at the time stated in the lease contract.

(b) The lessee must use the leased premises solely for the use and purpose agreed upon. Its use as a commercial roof prohibits its use as a main residence.

(c) The lessee is obliged not to cause any damage caused by his/her own fault that cannot be considered as physical damage. In the case of damage caused by his own fault, he shall reimburse the costs himself, while he shall be entitled to be reimbursed by the lessor for the necessary costs he has paid.

(d) Ordinary utility charges and any other monetary debt relating to the tenancy and payable by the tenant under the agreement shall be paid by the tenant. Delay in payment thereof shall have the effect of delaying the rent.

The amount of the rent is freely adjustable. Any agreement on the amount of the rent and its subsequent increase or decrease is legally valid and binding for both parties.

The stamp duty on commercial leasing is 3.6% !

NEW HIRES (AFTER 28-2-2014):

A fixed-term lease ends automatically as soon as this period has elapsed, while a valid notice of termination is required for a lease of indefinite duration.

An implied renewal for an indefinite period is deemed to exist when, after the expiry of the agreed period, the lessee continues to pay rent and the lessor does not object.

If a longer period than three years is agreed, the longer period will apply. However, if less than three years is agreed, or if no specific duration is agreed (in the case of an indefinite lease), then the minimum three-year duration, which is binding on both parties, applies.

The lessee does not have the possibility to terminate the lease due to remorse on the basis of Article 43 of the Decree 34/1995, since this provision no longer applies to new leases.

OLD LEASES (BEFORE 28-2-2014) : The minimum term of at least 12 years is still provided for, but without the automatic 4-year extension provided for after the expiry of 9 months after the expiry of the 12-year period. The repeal does not apply to leases whose 9 months have already expired prior to 28/2/2014 and were therefore automatically extended to 4 years.

The Guarantee on professional and commercial leases is the amount that the tenant usually pays to the lessor at the start of the lease. It usually corresponds to a certain number of rental payments and sometimes it is directly indexed to the rent throughout the duration of the lease.

Its payment, its amount or any adjustment is not formalised in the law but expresses the free will of the parties.