Cyprus Rent Control Act 1983 amendments introducing a fast track eviction for non-paying tenants

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The Republic of Cyprus on the 31stof January 2020 has passed a much needed amendment in the Cyprus Rent ControlAct 1983 (Amendment 3(1)/2020) providing landlords the necessary tools torecover any unpaid rents but most importantly evict a non-paying tenant using afast track method.

2. To which properties does the rentcontrol act apply?

·      Properties located with the<Controlled area> as specified by the act; and

·      Properties that have been erecton or before the 31st of December 1999.

3. Amendments

In the event that the property meets the abovetwo (2) requirements and the landlord is facing a non-paying tenant, thelandlord must serve the tenant a Written notice and the tenant will be obligedto meet his contractual obligation and pay the rent arrears within twenty one(21) days. Failing to do so, the Landlord will launch the eviction process byfiling an Eviction Application.

Upon the filing of the Eviction Application,the tenant will have the right to reply within fourteen (14) days. The courtregistrar will only accept his reply given that one of the followingaccompanies it:

·      Proof of the Court AccountingDepartment that the rent arrear has been deposited to the court; or

·      Receipt of the collection ofthe rent arrears issued by the Landlord and/or an agent; or

·      Receipt by a banking/financialinstitution that the rent arrears has been duly deposited.

The Courts Registrar must accept or rejectthe application, which of course is always subject to final approval by a judgewhich will be heard within three (3) days from the submission reply. The finalapproval/decision of the judge is not subject to appeal.

In the event the eviction order is granted,the court will issue an orderdemanding eviction of the property and payment of the rent arrears; however,the eviction notice cannot be less than ninety (90) days

The amendments have surely brought a powershift in dynamics, as the tenant now has to prove payment of the rent arrears.This fast track process can evict a non-paying tenant within 5-7 months ratherthan 3-4 years as previously.

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