landlord/tennant dispute.

[PW in Polemi]

I got the impression some years ago that it was illegal to refuse a drink of water if somebody comes to your door and asks. Surely if this is correct, then cutting off the water supply to a household is even more illegal?

[The Aquila]

On the face of it it doesn’t seem too difficult to evict them, in reality it may be different.

“Eviction of tenants is relatively difficult. The Rent Control Law introduced the concept of the statutory tenant. This is the person who at the expiration of the first tenancy, in case of a property within the ambit of the Rent Control Law, remains in possession of the premises.

A statutory tenant cannot be evicted except in three cases:

Where he failed to pay the rent
Where the landlord needs a house for himself or for members of his family or his dependent parents
Where the landlord intends to demolish and reconstruct the house, or to effect such substantial alteration or reconstruction as to render the recovery of possession of the premises absolutely necessary.

Even in such cases, the Rent Control Court may order the landlord to grant to the tenant in lieu of damages, the right to a new tenancy after the reconstruction. Finally, the Court maw award damages equal to 9-18 months rent, and/or damages for loss of goodwill of a business.”


http://www.lawyersincyprus.com/article/ ... d-eviction

[Chaddy]

On the face of it it doesn’t seem too difficult to evict them, in reality it may be different.

“Eviction of tenants is relatively difficult. The Rent Control Law introduced the concept of the statutory tenant. This is the person who at the expiration of the first tenancy, in case of a property within the ambit of the Rent Control Law, remains in possession of the premises.

A statutory tenant cannot be evicted except in three cases:

Where he failed to pay the rent
Where the landlord needs a house for himself or for members of his family or his dependent parents
Where the landlord intends to demolish and reconstruct the house, or to effect such substantial alteration or reconstruction as to render the recovery of possession of the premises absolutely necessary.

Even in such cases, the Rent Control Court may order the landlord to grant to the tenant in lieu of damages, the right to a new tenancy after the reconstruction. Finally, the Court maw award damages equal to 9-18 months rent, and/or damages for loss of goodwill of a business.”


http://www.lawyersincyprus.com/article/ ... d-eviction

The aquila,informative post. You say "where the landlord needs the house for himself or for members of his family or his dependant parents" mmmm,what about if the landlord needs the house for himself to sell because he has unexpected bills to pay and will be in big trouble if he does not pay them..He has no option?

[Dominic]

Does the lack of a contract work to the benefit of the tenant or the landlord in disputes like this?

[galexinda]

Just found this information:

When is tenant eviction possible in Cyprus?

Our lawyers in Cyprus would like to mention, though, that tenant eviction in Cyprus is possible in one of the following three cases:

• If the tenant did not pay the rent;
• In case the landlord needs the property for himself or herself or for family members or his or her dependent parents;
• In case the landlord wants to demolish and rebuild the property, or when an important alteration or rebuilding is due and the recovery of possession of the real estate is absolutely needed.

[WHL]

Does the lack of a contract work to the benefit of the tenant or the landlord in disputes like this?

I would imagine it works in the landlords favour as there is nothing agreed on paper, the probable reason landlords don't want contracts, is they have a better chance of not declaring the rents received to the taxman.

[Lofos-Jan]

The majority of properties do not fall under the rent control law which are for specific areas and for properties constructed prior to 1999 so the above info may not apply at all. The following link describes the two types of tenancy. http://www.pirilides.com/en/publication ... ontrol-law

If the tenant has no protection under the rent control law, he can simply be given reasonable notice to quit. Any dispute would be handled by the district court if legal action is required to evict him.

Jeanne

[PhotoLady]

One assumes the landlord has another property which he lives in other than the one he rents out, therefore if this simply is a case of looking for a way to pay unplanned bills, wouldn't the quicker solution be to raise funds by way of a loan against his property of residence rather than the one this tenant is in?
Even if he manages to take the property back from the tenant, how long will it take for him to sell it and receive payment?

Friends of ours have had a sale going through on their Cyprus property - nothing out of the ordinary, a straightforward sale with full title deeds which was promised to have been fully completed by the end of April.
They are still waiting for the full balance of funds to reach the lawyer and agent working for them before it gets transferred to their bank account.
This has been ongoing since February this year.

[Yioula]

Could Charis of Red Tape Resolved help !!

I was always under the impression that if there wasn’t any tenancy agreement ..... the landlord held all the cards

[galexinda]

Could Charis of Red Tape Resolved help !!

I was always under the impression that if there wasn’t any tenancy agreement ..... the landlord held all the cards

Yes, similar thoughts too, and even some rental agreements are in favour of the landlord - a bit like an insurance claim, you only find out when you have to make a claim!

[jeba]

Could Charis of Red Tape Resolved help !!

I was always under the impression that if there wasn’t any tenancy agreement ..... the landlord held all the cards

I would have thought that the mere fact that a tenant was living at a place and paid rent means that there was a verbal contract in place which unless agreed otherwise is ruled by default terms provided by law. At least that´s how it is where I´m from (Germany).

[WHL]

Could Charis of Red Tape Resolved help !!

I was always under the impression that if there wasn’t any tenancy agreement ..... the landlord held all the cards

I would have thought that the mere fact that a tenant was living at a place and paid rent means that there was a verbal contract in place which unless agreed otherwise is ruled by default terms provided by law. At least that´s how it is where I´m from (Germany).

The problem with verbal contracts is it's your word against his, as to what was agreed