The Rent Control Law of 1983 which regulates the eviction procedure has recently been amended by the Parliament of the Republic of Cyprus, by shifting the burden of proof for payment onto the tenant.
Under the previous legislation, the evidential support laid on the landlord, who had to provide evidence of the default of rent payment. Specifically, upon filing an application for possession, the landlord had to support his case by the submission of evidential support of the unpaid rents that were lawfully due.
Due to the contractual imbalance that was created between the two sides and the difficulties for the landlords to get justice, the Legislator has amended the Rent Control Law by shifting the burden of proof for payment of rents and changing the Court procedure. As of the 31st of January 2020, the tenant may only submit at Court a reply to the landlords’ application for possession, in the event that the rent due has been dully paid, by providing the necessary evidential support of the relevant payment. In essence, the tenant shall not be able to refuse and/or reject the application of the Landlord for possession, unless the tenant has paid any rents that were due.
The payment can be submitted directly to the landlords’ his bank account or to the Courts’ accounting department. Then, the Court Registrar shall deliberate on the acceptance or rejection of the payment due and the Rent Control Court shall announce that decision within a period of 3 days. If the payment is accepted, the parties may resolve the dispute amicably or a regular Court hearing may take place. However, if the payment is rejected, the deliberation is rendered in final resort cannot be subject to appeal.
In the event that the tenant fails to submit the evidential support required by the Law, an executive Court Order shall be issued, ordering the tenant to vacate the property within a period of a minimum of 90 days from the date of receipt.
Please note that the present article is for informational purposes only and does not, under any circumstances, constitute legal advice. For a personal evaluation of your case, please contact Arsen Theofanidis LLC and one of our attorneys shall be glad to assist you.
N. Kalifatidou
Advocate – Legal Consultant.
Arsen Theofanidis LLC