Greece Maintenance Obligations: Repair Responsibilities

Governed primarily by the Greek Civil Code (Astikos Kodikas), which took effect on 23 February 1946, maintenance duties are the most common reason the Security DepositPreview unavailable is withheld and landlords and tenants go to the Single-Member Court of First Instance or Peace Court in Greece. "The water heater broke, I won't pay the rent until you fix it" or "The wall turned black from dampness, let the landlord paint it". The Civil Code sets clear rules (which can be partially modified in the contract).

1. The "Suitable Use" Rule (Landlord's Responsibility)

According to the Civil Code (Article 575), the landlord (lessor) is legally required to deliver the property in a condition "suitable for the agreed use" and to maintain it in such condition throughout the lease term.

What does this mean (The "Heavy" Expenses)?

• Necessary Expenses (Article 591 CC): The lessor must reimburse the lessee for "necessary expenses" (αναγκαίες δαπάνες) incurred to maintain the property's suitability.
• Useful Expenses (Article 736 CC): Expenses that increase the property's value (επωφελείς δαπάνες) are reimbursed according to the rules of "management of affairs."
• Systemic damages: Does the central (old) water heater break down? Does the drainage pipe break under the tile due to old age? Does the main electrical panel burn out and short-circuit? These are structural repairs and systemic maintenance (plumbing, electrical, heating) that burden the landlord.
• Hidden Dampness / Mold (from a construction fault of the roof) burdens the landlord 100%.

2. Tenant's Responsibility: Normal Wear vs Culpable Damage

The tenant is NOT responsible for damages or alterations due to agreed - normal - use (Article 592 CC). That is, the law accepts that "the house lives and wears out" and the landlord is compensated for this through their Rent.

The Tenant DOES NOT pay (Normal Use):

• Holes in the wall to hang pictures (within reasonable limits).
• Slight discoloration/yellowing of walls (from sun or minor fumes).
• The scratching of a baseboard from an office chair (without malice).

The Tenant ASSUMES and Pays (Culpable Damages or "Luxury" Expenses):

• Misuse Damages: A broken sink because a hair dryer fell heavily on it. Tearing out a socket by pulling a cable from afar with force. Damages beyond normal use resulting from negligence or misuse are the tenant's responsibility.
• Functional Hygiene: If the sink clogs from hair or cooking grease of the current year (not from a central building cesspit of 15 years ago), the unblocking chemicals or the plumber who will take out the cylindrical pipe burden the tenant's operating expenses (consumable).
• Right of Removal (Article 593 CC): The tenant has the right to remove additions they made to the property (ius tollendi), provided the property is restored to its original state. If they leave it making the space better, a reduced last rent is often negotiated as a "favor."

3. The Prohibition of "I Won't Pay You If You Don't Fix It"

In Greece, the phenomenon of "withholding" is often observed: Something big breaks (e.g. Central Heating from the building's fault) and the Landlord delays the repair. The tenant gets angry and refuses next month to deposit the Rent in the bank until it is repaired! This is judicially precarious. If the tenant cuts the rent arbitrarily, the Landlord has the legal right to initiate the Eviction Process for DefaultPreview unavailable (non-payment of rent).

• The Right Way: The tenant must notify the landlord immediately (Extrajudicial Notice or written Email). If the landlord does not fix it within a reasonable time, the tenant is entitled to call their own technician, pay them, keep the Receipt, and THEN offset the proven expense by deducting it from the next rent (depositing the remaining rent normally).

Substantive Legal Guidance in Greece

Detailed look at 'Koinochrista' (shared building expenses) which is a unique and often disputed part of the Greek rental experience. This is critical because the Greek courts prioritize the 'protection of the tenant's primary residence' while providing accelerated tools for landlords in cases of definite non-payment. Failures to accurately register leases on the myAADE portal can lead to your legal actions being dismissed and may result in heavy fines from the AADE tax authority.

Compliance Strategy for Greece Property Owners

Managing a rental portfolio in Greece requires a blend of digital compliance (myAADE) and traditional legal procedures (Exodiko). Landlords must submit the 'Declaration of Lease Information' (Δήλωση Πληροφοριακών Στοιχείων Μίσθωσης) electronically via the myAADE portal by the end of the month following the commencement of the lease or any modification thereof (AADE Circular A.1139/2020). Also, tracking the 3-year statutory minimum (Law 1703/1987, Art. 2) is essential for financial planning, as residential leases for a primary residence have this mandatory minimum duration even if a shorter period is contractually agreed. Landager's specialized Greek compliance engine automates these reminders and provides a secure vault for certificates like the EPC (PEA) and Electrical Safety checks (YDE), ensuring you're always ready for an inspection or a new tenant onboarding process.

How Landager Helps

Landager tracks lease terms, koinochrista bill tracking, and maintenance ticket workflow - making it easy to stay compliant with Greece regulations.

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