In its decision dated 31 October 2025, the Court of Appeal in Cyprus confirmed that following the explicit termination of a lease, a tenant’s failure to surrender possession to the landlord constitutes a criminal offence under Article 281 of the Criminal Code (Cap. 154), in addition to this being a civil violation.
Whether the contract was terminated ‘illegally’ is irrelevant in the context of criminal proceedings. Such ‘illegality’ may only be relevant in civil proceedings for the purpose of claiming damages. For criminal proceedings, it only matters whether consent was explicitly withdrawn.
Importantly, the ruling provides landlords with a powerful tool, allowing them to pursue both criminal and civil remedies against tenants who refuse to surrender possession once a lease has been formally terminated, irrespective of the tenant’s intention to assert civil claims or seek damages.
It remains to be seen whether the above-mentioned case will progress to a higher court or whether the appellate court will revise or clarify its decision on the same issue in any future case.
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