Cyprus’ Court of Appeal has issued a precedent-setting decision that could significantly change how rental disputes are handled nationwide. According to local reports, the court ruled that tenants who refuse to vacate a property after their lease has been terminated may face not only eviction, but also criminal charges for unlawfully occupying someone else’s property.
The case involved a Larnaca tenant who had been renting a space since 2013. When his lease expired in 2014, he neither renewed the lease nor continued paying rent. Despite repeated notices from the property’s new owner, he remained on the premises for years, up until 2022.
A lower court initially acquitted the tenant, arguing that because he originally entered the property legally, his stay could not be considered unlawful. However, the Court of Appeal overturned this decision. It ruled that once the contract was officially terminated, the landlord’s consent ceased to exist. From that point forward, the tenant occupied the property without the owner’s permission, constituting an offense under Article 281(1) of the Cyprus Criminal Code.
Importantly, the court highlighted that whether the termination of the lease was “rightful” or “wrongful” is a matter for civil proceedings, but cannot serve as a defense in a criminal case regarding unlawful possession.
This ruling establishes a major legal precedent: refusing to leave a property after a lease has ended can now result in criminal prosecution. The Ministry of Justice is reviewing the broader implications, especially for vulnerable groups, to ensure the ruling does not lead to widespread criminal cases against tenants.
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