Property Recovery: The “Order for the Return of Leased Property” Changes the Landscape
⏳ What is the “Order for the Return of Leased Property” and when does it come into force?
The Order for the Return of Leased Property is a new legal instrument introduced to accelerate the lawful return of rented properties to their owners immediately after the lease expires.
It comes into force on January 1, 2026. Its main objective is to drastically reduce bureaucracy and eliminate lengthy court delays, which until now discouraged many owners from offering their properties for rent.
✅ How does the new procedure work in practice for property owners?
The new process is fast, but it does not allow arbitrary evictions, as it maintains safeguards for tenant protection.
- Proof of Lease Expiration: The end of the lease must be proven through the contract or the electronic declaration submitted to the AADE (Independent Authority for Public Revenue).
- Prior Notice: If the owner does not wish to renew the lease, they must send an out-of-court notice three months before the contract’s expiration. For older open-ended leases, an out-of-court notice is also required.
- Issuance of the Order: If the tenant does not vacate the property, the owner may apply (through a lawyer) for the issuance of an Order for the Return of Leased Property. The order is issued rapidly—within ten days—and without a hearing.
🛡 What protections are in place for tenants?
The new regulation aims to strike a balance and ensures that tenants are given sufficient time to secure new housing:
- Overall Timeframe: The tenant retains a total minimum departure period of at least six months.
- Objections: The tenant has 15 working days to file an objection. In addition, there is provision for objections or temporary suspension for vulnerable groups.
- Extension: In exceptional and serious cases, an extension may be requested through the courts.
The Order for the Return of Leased Property addresses a long-standing structural issue in the real estate market by providing a clear and fast framework for landlords, while the minimum three-year lease duration remains in force to protect tenants.
