When it comes to the conclusion of the rental agreement between natural or legal persons, it is very important that the parties know their rights and responsibilities.
In Cyprus, the relationship between landlord and tenant is governed by the lease (N23 / 1983). Real estate, according to this law, are considered the building (home or shops), with the exception of gas stations and agricultural land or land on which buildings are not available.
Lessee, according to the Law on the lease, may be a natural person resident in Cyprus or a foreigner / Spoken composed / Star married to a Cypriot / Cypriot, received / th right to use the property.
Tenant may be a legal entity - a Cyprus company, including those controlled by foreign citizens.
Institutional tenant becomes automatically at the expiration of the term of the rental agreement, if any, and still enjoy the real estate with the same rights and responsibilities that have been stipulated in the lease agreement, provided that the property was built prior to December 31 1999 years. It is important to know that the rental of the Republic of Cyprus, on the basis of the relevant legislation, can lead to sverhdogovornym obligations between the parties and to the statutory protection of tenants, due to changes in the institutional lease rent.
Every two years, the decision on the amount of rent increases, to which landlords have the right to. The Council of Ministers by the Regulatory administrative act 123 / 15, published March 26 2015 years and relating to the period from April 22 2015 21, on April 2017 years, decided that the increase in rents in the institutional rent should be zero.
The landlord may recover possession of the property when:
1. Tenant behind in rent. To do this, you must submit a notice for 21 days. But if the tenant pays the full amount of the debt within 14 days of receipt of the notification, the owner will not be able to apply for the restoration of property ownership.
2. The landlord can prove to the Court that his demands for the restoration of tenure justified.
3. Landlord requires a store room for their business, proving that to find another store for this purpose at a reasonable rent he failed.
4. The landlord intends to make radical changes and / or tear down and build back this property. In this case, you must provide the appropriate authorization issued by the competent authorities, permission to demolish, if planned demolition, and permission to build a new building.
5. Tenant causes inconvenience or damage, or produces sublease, thereby violating the agreement.
Postponing a court decision to return property owner can take 1 year. During this period, the tenant can see reason, so that in this case the owner loses the right to the restoration of the right of ownership of real estate.
If you move to another room has a negative impact on the goodwill of the tenant, the landlord pays compensation. Typically, this amount is equal to the rent for 18 months.
Those with whom we, as representatives of the legal face are, on the one hand, the landlords, and the other - the tenants. They are two sides of the same coin. And the law is obliged to defend even the weakest, and to ensure equitable protection on both sides.
The current legislation in relation to property owners comprises a plurality of processes and steps, which forced and obliged to resort to the owner of the eviction and collection of rent.
Landlords also have obligations to their tenants. It should be emphasized that each owner is obliged to respect their tenants. This means that landlords have the right to enter the territory of the property without the written permission or consent of the tenant, or without the permission of the court. Each tenant has the right to a free and exclusive use of the leased property.
As for the tenants and their rights, current legislation provides for a number of guarantees for their safety and protection, provided that they fulfill their obligations under the lease.
Taking into account a number of issues that arise concerning the lease and that we face every day, recognized that good practice requires proper training structure of the lease.
Properly written contract should include all the possible scenarios that may arise in the future - for both landlords and tenants. The agreement must also be given the rights and responsibilities of both parties.
All leases must be prepared meticulously as possible in order to ensure proper compliance with their conditions.
George Prodromou, a lawyer, honorary consul of the Russian Federation in the Republic of Cyprus