FAST TRACK EVICTION OF TENANT: WHEN IS THAT POSSIBLE?
Fast track procedure of eviction of unscrupulous (non-paying) tenants is regulated by the Rent Control Law of 1983 (23/1983).
The Law applies to:
immovable property – property that are within the controlled areas and built prior to 31. 12. 1999;
tenants - citizens of Cyprus or spouses of citizens of Cyprus or legal heirs of a deceased tenant who use immovable property or legal persons to which legal persons controlled by foreign persons also belong;
statutory tenant - tenant of immovable property built prior to 31.12.1999 in relation to which tenancy agreement has expired;
applications -submitted after the amendment of 31. 01. 2020 entered into force;
outstanding rental payments - after the amendment of 31. 01. 2020 entered into force.
Unscrupulous (non-paying) tenants (statutory tenants) can be evicted only from immovable property situated at the controlled areas, built prior 31.12.1999 and in case if tenancy agreement has expired but tenant keeps living or using the immovable property in business purposes. As long as the rental agreement is in force the legal relationship between landlord and tenant is regulated by the Contract Law and such legal relationship is subject to the jurisdiction of District Civil Court, not Rent Control Tribunals. Once the rental agreement for such immovable property with statutory tenant is expired, the legal relationship is regulated by the Rent Control Law of 1983 (23/1983) and all disputes are settled exclusively by the Rent Control Tribunals.
Conditions for eviction by a simplified fast track procedure
1.Tenant does not pay a rent
If the tenant does not pay the rent, a notice must be sent, and if the tenant does not pay the delayed rent within 21 days or later after the serving of the notice and does not propose any other means of payment of the delayed rent, the landlord has the right to file an Eviction Application with the Court Registrar. Within 14 days from the date of being served with the Eviction Application, the tenant has the right to pay the rent and avoid an eviction. If, within 14 days of the serving of the Eviction Application the tenant repays the debt the Court will not issue an eviction order. The defense from the tenant can be accepted by the Court Registrar only with the proof of the Court Accounting Department that the rent arrears has been fully deposited to the Court or
receipt of the collection of the rent arrears issued by the Landlord and/or the Landlord’s agent or
receipt by a banking/financial institution that the rent arrears has been duly deposited in the account of the Landlord and/or the Landlord’s agent. The Court Registrar shall take its decision to accept or reject a defense within three days in order to issue a final decision accepting or rejecting of defense. The final decision of the Court accepting or rejecting of defense is not subject to appeal.
The minimum period for the execution of the Court’s eviction decision is 90 days.
2.Inconvenience or damage to neighbors, nearby immovable property or illegal use of immovable property or misuse of immovable property
The Court will order the eviction of tenant if tenant is guilty of causing inconvenience or damage to neighbors or nearby property, or of illegally using or using the residential or commercial premises for purposes other than their intended purpose.
3.Damage to immovable property
The Court will order the eviction of tenant if the condition of the residential or commercial premises has deteriorated in the opinion of the Court as a result of destructive acts or willful gross negligence on the part of a tenant or if tenant has caused damage to the immovable property. The Court will not order the eviction of tenant if tenant within two months of the service of the Eviction Application removes all the damage caused.
4.Breach of sublease condition
If the tenant has breached the condition of not subletting the premises the Court at its discretion may consider reasonable to decide to evict the tenant.
5.Unreasonably high cost of sublease
The Court will order the tenant to be evicted if the tenant by subletting receives a benefit that is directly or indirectly unreasonably disproportionate.
6.Use of property by landlord
The Court will order the eviction of tenant if landlord needs its immovable property for his own residence or family members' residence or for the parents or for the parent's spouse or for the family legal entity. The Court will decide on eviction taking into account all the circumstances of the case if such a decision is more reasonable and the damage from the eviction caused to the tenant will not exceed the need of the landlord to occupy his immovable property.
The term “circumstances of the case” includes, but is not limited to, whether the tenant is immobile or sick under the Part V of this Law, whether the landlord is able to find accommodation for reasonable rent and whether the landlord has purchased the property after the effective date of this Law for the purpose of taking possession in accordance with the provisions of this paragraph. Also, for the purpose of eviction of the tenant the landlord can prove that there really is a need for this, for example, that he previously lived with children, and now there is no opportunity to live with them, and if he does not return the property to his own use, then there will be nowhere to live, etc.
7.Use of the property by landlord for business
purposes
The Court will order the eviction of tenant if landlord needs the immovable property used for business purposes for his own use or use of family members if they could not find a property or the necessary rental space for caring out business activities for a reasonable rent. In this case, the Court will decide on eviction taking into account all the circumstances of the case if such a decision is more reasonable and the damage from the eviction caused to the tenant will not exceed the need of the landlord to occupy his immovable property.
8.Legally justified claims of landlord:
9.Other conditions:
Withdrawal of Court decision on eviction
After the issuance of a Court decision on eviction of tenant, the tenant has the right to revoke the execution of a decision of the Court. In this case, the tenant has the right to repay all outstanding rental payments during the year as a result of which the landlord loses the right to evict the tenant.
The Law applies to:
immovable property – property that are within the controlled areas and built prior to 31. 12. 1999;
tenants - citizens of Cyprus or spouses of citizens of Cyprus or legal heirs of a deceased tenant who use immovable property or legal persons to which legal persons controlled by foreign persons also belong;
statutory tenant - tenant of immovable property built prior to 31.12.1999 in relation to which tenancy agreement has expired;
applications -submitted after the amendment of 31. 01. 2020 entered into force;
outstanding rental payments - after the amendment of 31. 01. 2020 entered into force.
Unscrupulous (non-paying) tenants (statutory tenants) can be evicted only from immovable property situated at the controlled areas, built prior 31.12.1999 and in case if tenancy agreement has expired but tenant keeps living or using the immovable property in business purposes. As long as the rental agreement is in force the legal relationship between landlord and tenant is regulated by the Contract Law and such legal relationship is subject to the jurisdiction of District Civil Court, not Rent Control Tribunals. Once the rental agreement for such immovable property with statutory tenant is expired, the legal relationship is regulated by the Rent Control Law of 1983 (23/1983) and all disputes are settled exclusively by the Rent Control Tribunals.
Conditions for eviction by a simplified fast track procedure
1.Tenant does not pay a rent
If the tenant does not pay the rent, a notice must be sent, and if the tenant does not pay the delayed rent within 21 days or later after the serving of the notice and does not propose any other means of payment of the delayed rent, the landlord has the right to file an Eviction Application with the Court Registrar. Within 14 days from the date of being served with the Eviction Application, the tenant has the right to pay the rent and avoid an eviction. If, within 14 days of the serving of the Eviction Application the tenant repays the debt the Court will not issue an eviction order. The defense from the tenant can be accepted by the Court Registrar only with the proof of the Court Accounting Department that the rent arrears has been fully deposited to the Court or
receipt of the collection of the rent arrears issued by the Landlord and/or the Landlord’s agent or
receipt by a banking/financial institution that the rent arrears has been duly deposited in the account of the Landlord and/or the Landlord’s agent. The Court Registrar shall take its decision to accept or reject a defense within three days in order to issue a final decision accepting or rejecting of defense. The final decision of the Court accepting or rejecting of defense is not subject to appeal.
The minimum period for the execution of the Court’s eviction decision is 90 days.
2.Inconvenience or damage to neighbors, nearby immovable property or illegal use of immovable property or misuse of immovable property
The Court will order the eviction of tenant if tenant is guilty of causing inconvenience or damage to neighbors or nearby property, or of illegally using or using the residential or commercial premises for purposes other than their intended purpose.
3.Damage to immovable property
The Court will order the eviction of tenant if the condition of the residential or commercial premises has deteriorated in the opinion of the Court as a result of destructive acts or willful gross negligence on the part of a tenant or if tenant has caused damage to the immovable property. The Court will not order the eviction of tenant if tenant within two months of the service of the Eviction Application removes all the damage caused.
4.Breach of sublease condition
If the tenant has breached the condition of not subletting the premises the Court at its discretion may consider reasonable to decide to evict the tenant.
5.Unreasonably high cost of sublease
The Court will order the tenant to be evicted if the tenant by subletting receives a benefit that is directly or indirectly unreasonably disproportionate.
6.Use of property by landlord
The Court will order the eviction of tenant if landlord needs its immovable property for his own residence or family members' residence or for the parents or for the parent's spouse or for the family legal entity. The Court will decide on eviction taking into account all the circumstances of the case if such a decision is more reasonable and the damage from the eviction caused to the tenant will not exceed the need of the landlord to occupy his immovable property.
The term “circumstances of the case” includes, but is not limited to, whether the tenant is immobile or sick under the Part V of this Law, whether the landlord is able to find accommodation for reasonable rent and whether the landlord has purchased the property after the effective date of this Law for the purpose of taking possession in accordance with the provisions of this paragraph. Also, for the purpose of eviction of the tenant the landlord can prove that there really is a need for this, for example, that he previously lived with children, and now there is no opportunity to live with them, and if he does not return the property to his own use, then there will be nowhere to live, etc.
7.Use of the property by landlord for business
purposes
The Court will order the eviction of tenant if landlord needs the immovable property used for business purposes for his own use or use of family members if they could not find a property or the necessary rental space for caring out business activities for a reasonable rent. In this case, the Court will decide on eviction taking into account all the circumstances of the case if such a decision is more reasonable and the damage from the eviction caused to the tenant will not exceed the need of the landlord to occupy his immovable property.
8.Legally justified claims of landlord:
- for demolition, unless it is an abuse of rights; or
- for demolition and reconstruction; or
- for significant changes associated with a significant transformation for the purpose of use; or
- for the implementation of projects in a building that is an architectural monument.
9.Other conditions:
- in the event that an evacuation of immovable property is required in order to fulfill a development plan or further development, including the execution of work on a listed building, in accordance with any applicable urban planning law; or
- in the event that the living quarters or shop has been forcibly expropriated in accordance with the Expropriation Law or any other law that permits expropriation of property; or
- in the event that the living quarters or shop is reasonably necessary for the fulfillment of the lawful duties or powers of the local authority or for any purpose which, in the opinion of the Court, is in the public interest; or
- in the event that the tenant gives written notice of his intention to move out of the property, and as a result of such notice, the landlord enters into a contract for the sale or lease of the property or takes any other action as a result of which, in the opinion of the Court, he would be seriously damaged if he did not take possession of the property;
- under any law or regulation applicable by the Government of the Republic of Cyprus for the rent of property owned by him, or in the event that it reasonably arises from the circumstances of rent of immovable property owned by the government, or pursuant to the provisions of rent document, the rent has been granted for public purposes, which depends on the tenant's status as an employee or government official, or as a person who at that time met the criteria established by law or regulation, and the tenant for any reason after the effective date of the amendment to the Rent Control Law Lease of 2002 has lost such ability or compliance with such criteria.
Withdrawal of Court decision on eviction
After the issuance of a Court decision on eviction of tenant, the tenant has the right to revoke the execution of a decision of the Court. In this case, the tenant has the right to repay all outstanding rental payments during the year as a result of which the landlord loses the right to evict the tenant.