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Wage Payment Order – Eviction of a Recalcitrant Tenant

According to the provisions of articles 574, 595 and 597 AK, in conjunction with the articles 14 par. 1, 29, 623 et seq. and 637 to 645 of K.Pol.D, if the lessee, despite using the lease, is late due to repeated inconvenience in paying monthly rents, the lessor may request the issuance Wage Payment Order by the competent Court with a request to order the return of the rent to him due to the tenant's repeated failure to pay the rent.

At the same time, the lessor can request the payment of the due rents and utility bills. This is a very fast procedure that requires a legal harassment of the tenant with an extrajudicial summons in order to immediately settle all overdue rents. 


JUSTICE OF THE PEACE OF THESSALONIKI

SALARY USE PERFORMANCE ORDER

and ORDER FOR PAYMENT OF RENT DUE

IN THE NAME OF THE GREEK PEOPLE

Number 2572/2021

     Justice of the Peace of Thessaloniki

after taking into account the application of ..., which was submitted by the attorney of Thomas Kalokiris of Stefanos (A.M. D.S.Th 11982), against ...., with which, for the reasons stated in this, requests the issuance of an order for the payment of rent, based on the documents referred to therein, which the applicant legally submits and specifically invokes:

a. The proof of the declaration of information on the lease of immovable property, subject to a private lease agreement, by virtue of which the .. leased a store to the defendant …., in order to use it as a professional seat, with an agreed monthly rent of the net amount of 202.70 euros, plus stamp duty 3.6%, i.e. the total amount of 210.00 euros.

 Finally, it was agreed that the defendant is obliged to pay the cost of utilities, electricity consumption, water, cleaning fees, other fees and bills, etc.

b. The out-of-court harassment of the applicant to the defendant and the service report dated 18-10-2021 and with number Γ΄10407 of the Judicial Commissioner of the Court of Appeal of Thessaloniki based at the First Court of Thessaloniki Sotiriou St. Lambrou, from which it is proven that the defendant was harassed for his non-contractual behavior and the delay in the payment of the rents, being asked to immediately settle all the overdue rents due.

AFTER CONSIDERED ACCORDING TO THE LAW

The application is legally valid since it is based on the provisions of articles 574, 595 and 597 of the Civil Code, in combination with articles 14 par. 1, 29, 623 et seq. and 637 to 645 of the Civil Code. From the legally drawn up and cited documents, it is proven that the defendant, although he has been using the lease continuously and uninterruptedly since the beginning of the lease and since then, out of unjustified distress, has not paid the applicant the rents for the months of June 2021, July 2021, August 2021, September 2021, October 2021, and now November 2021, i.e. six (6) months' rent, total amount (6 X 210.00=) 1.260,00 euros, and, therefore, is delayed due to repeated frustration in paying monthly rents amounting to the total amount of 1,260.00 euros. Therefore, it is considered valid in its essence, which is why the return of the rent to the applicant must be ordered due to the defendant's repeated failure to pay the rent, since the required facts are proven by the above documents, the this court is competent in terms of place and subject matter, and the corresponding stamp duty and court stamp have been paid, as evidenced by the number 435870891952 0103 0060 e-paravolo.

 Because the applicant served the defendant with his written complaint dated 10/15/2021, as evidenced by the extrajudicial statement dated 10/15/2021 – complaint legally served on the defendant, as evidenced by the 18-10- 2021 and with number Γ΄10407 service report of the Judicial Commissioner of the Court of Appeal of Thessaloniki based at the First Court of Thessaloniki Sotiriou St. Lambrou. Therefore, the defendant should be obliged by the issuance of the order to return the use of the property to the applicant, due to the defendant's repeated failure to pay the rent.

FOR THOSE REASONS

ACCEPTED The application.

AVAILABLE the defendant and any third party deriving rights from him, to give the applicant free possession and use of the above lease, which consists of a shop....

AVAILABLE the defendant to pay the rent due after the corresponding stamp duties for the months of June 2021, July 2021, August 2021, September 2021, October 2021, and now November 2021, i.e. six (6) months' rent, which amount to an amount of 1,260.00 euros (210.00 euros per month X 6 months) with the legal late payment interest from the day after the date on which each rent became due, i.e. from 1theday of each rental month and until full payment.

IMPOSE the court fee for the issuance of this order to the defendant, which he determines in the amount of ………………… euros.

REMINDERED to the defendant the request that this order is an enforceable title and its execution in terms of the performance of the lease can be carried out after the lapse of twenty (20) days from the delivery to him of a copy of the present order with a check for execution and also that he has the right to file an objection against it in the relevant Court, within a period of fifteen (15) working days from its service to him.

Issued and published in Thessaloniki on -11-2021

…. EIRINODIKIS ….. SECRETARY

 


Thomas Steph. Summer 

MDE lawyer 

Min. Doctor of Law, AUTH 

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