Pursuant to Article 281(1)(a) of the Criminal Code, Cap. 154 and based on a recent case law from the Cyprus Court of Appeal it has been confirmed that tenants who remain in possession of immovable property after lawful termination of a lease, may be held criminally liable for unlawful occupation. This development strengthens the legal position of property owners and clarifies the interaction between civil and criminal remedies in tenancy disputes.

While a tenant initially enters into possession lawfully under a lease, that consent ceases once the lease is validly terminated and a clear demand for vacant possession is made. The offence carries penalties including imprisonment, a fine or both where applicable.

Historically, disputes over possession after the end of a lease were treated predominantly as civil matters governed by contract and property law. However, this approach has now expanded in scope following a recent appellate decision.

In accordance with the landlords, the ruling provides an additional enforcement mechanism alongside civil proceedings for recovery of possession and damages through criminal complaints against the tenants who remain in possession after termination of the lease. The landlords should avoid changing locks or forcibly removing tenants prior court instructions, as such actions may expose the landlord liable and are not sanctioned by this new criminal route. It is essential that termination notices are drafted clearly, served properly, and specify a deadline for delivery of possession. This strengthens the evidence of withdrawal of consent when initiating any criminal complaint. It should be noted that criminal action for unlawful possession does not substitute for a civil court order for possession. Landlords should proceed if they wish with civil claims for possession and damages, even if a criminal complaint is filed simultaneously.

This judicial development marks a significant shift in the enforcement of property rights in Cyprus and how post-termination occupation is treated under Cyprus law. Both landlords and tenants should seek timely legal advice to ensure their rights are protected and to avoid unintended criminal exposure.

For more information please contact our senior advocateCathy Georgiou.