Rental agreements leases contracts laws

Can tenant refuse entry to landlord in Cyprus.

The increase in rental prices in Cyprus keeps many people awake.

Some tenants fear that a landlord will knock on the door and double the monthly price. Some landlords want to get a little richer and call the tenant all the time.

Two years passed. The owner said they wanted to amend the new contract. Surely they will raise the price, - says one tenant in Cyprus. - I'll tell them that I'm ready for a maximum of 5%, and no more.

How much easier the tenants life would be if he/she were aware of the nuances of local rules and how to write reliable legal agreement.

It is extremely important to thoroughly study your lease agreement and immediately make the necessary amendments if something does not suit you. The rights of the tenant in Cyprus are protected sometimes even much stronger than the rights of the owners. Rented housing is as safe as your own. But if the agreement specifies some deadlines for notices or fee increases, they must be observed.

If the rights of the tenant are violated, they must certainly try to correct the situation. If a conversation with the landlord did not save the situation, you must send a letter to the local authorities. If the letter does not produce results, you should apply to the district court.

Some tenants do not want to let the landlord into the apartment, but why? Do not forget that landlords are different, there are those who keep a spare key.

It is worth remembering that any contract can be terminated.

Such a turn could have a bad effect on the rental history.

Alll tenants must understand that they have the right to a calm, happy life. No one has the right to pester them with daily calls and nightly inspections. For most people, these rules come naturally. They are not included in the contract. And if necessary, the issue is resolved by dialogue. If it doesn’t help, you can safely start taking more serious measures, up to applying to local justice. The standard contract includes a clause on how often the landlord can visit.

Also, all tenants should understand that they have an unconditional right to live in a safe house. The quality of house structures, wiring, windows and floors should be checked in advance and noted in the contract. But if in the process of life it turned out that housing is unsuitable, it is worth taking action.

Thus, several times, indeed, you can turn a blind eye to the frequent visits of the landlord. But this does not apply to issues with delayed payment or ignoring letters about the start of a lawsuit.

Types of Leases in Cyprus and the Lease Control Law

As you may know, there is a Rent Control Law in Cyprus, which was introduced in 1974. That year, due to the Turkish Cypriot conflict, it was urgent to solve the housing problem of thousands of refugees left homeless. The essence of the law is that the tenants should be protected as much as possible and, most importantly, no one could evict them from the house without a reason.

According to the law, houses, apartments, offices and shops are considered to be leased real estate. The rules do not apply to warehouses, land without premises and agricultural land.

Today in Cyprus there are two types of lease: “by contract” and “by law”.

It is extremely important to understand in time what type of lease each particular transaction belongs to, since decisions on different types of lease are made by different courts.

Lease by law

This type of lease assumes that the original contract has expired, and the tenant is still renting the property. In addition, according to the law, residential or commercial property must be located in the "controlled zones" of the country, and the building must be built no later than December 31, 1999. Moreover, only citizens of Cyprus and the European Union fall under the protection of this law.

It is extremely difficult to evict such a tenant, except in circumstances prescribed by law. To do this, the owner will have to go to court.

The main reasons for eviction can be:

The tenant does not pay rent for more than 21 days from the date of notification.

The tenant does not pay the amount due within 14 days from the date of delivery of the claim.

In court, the landlord must convince everyone that he or his dependent relatives really need this property.

The tenant or any other person living with the tenant has caused inconvenience to other people in the area.

The tenant fails to comply with the obligation not to sublease the property.

The landlord wants to demolish or rebuild the building in order to develop the area and the city.

The tenant is found guilty of using the property for illegal or immoral purposes.

In the event that the condition of the dwelling or shop, in the opinion of the court, has deteriorated as a result of the tenant's willful gross negligence.

Lease by contract

All other rentals in Cyprus are negotiable. The relationship between the parties to the transaction is determined by the agreement, which, as expected, they signed and certified in time. If the contract has not been renewed or extended, the tenant leaves the premises at the end of the lease term.

At the same time, a short-term lease of up to 6 months, regardless of what year the building is and where it is located, is negotiable. Any claims relating to a contractual lease shall be subject to the jurisdiction of the District Court.

Rent increase in Cyprus

Every two years, the Council of Ministers of Cyprus decides on the maximum percentage of rent increases. This applies to both types of lease. However, Legal Leases are protected from such risks from time to time. For example, during the pandemic, it was forbidden to raise fees until the spring of 21.

According to the relevant law, every landlord has the right to demand an increase in the amount of the rent every two years. At the same time, the increase in the amount should not exceed 14%, established by the Law, which was later reduced to 8%.

In all other cases where the property is not subject to the local low, the following applies:

If there is a lease agreement, then the increase in rent is determined in accordance with the provisions of this agreement.

If there is no contract - which also happens - then the owner has the right to demand any increase at his discretion.

Amendments to the rent control law

For decades there have been numerous discussions in Cyprus about amending this law. The issue was especially acute in relation to the eviction of tenants, which is carried out only through the Tenant Control Court.

The most vulnerable category, as it turned out, were landlords, not tenants. They were the ones who were required to file an eviction petition and wait years until the Rent Control Court ruled to evict the non-paying tenants.

In addition, the landlord had the burden of proving that the property was rightfully his and that the rent due was legally required. As a result, this provided an opportunity for tenants to object to the landlord's application, resulting in a delayed and lengthy eviction process.

Under the latest amendments, the burden of proof for full payment of rent has been shifted to tenants. Under the new law, a tenant can only submit a response to a landlord's request for ownership of real estate if they have paid all the rent due and provided proof of payment to the court clerk.

Source https://dom.com.cy/en/live/blog/can-a-t … apartment/