One-member Court of Appeals of Athens 1256/2019
If there is a mixed use on the property, such as use of the property to conduct commercial transactions and use thereof as a residence, then in order to decide whether or not the lease falls under the protection of the law, the prevalent use is taken into consideration. The prevalent use of the property was commercial use by subletting it on a short-term rental platform, although the fact that the defendant himself resided in the apartment, when it was not occupied by the said platform’s users, does not undermine the characterization of the use of the property as commercial. The nature of the lease signed between the plaintiff and the defendant constitutes a business lease, although characterized by the parties as a residential lease, and is thus governed by the provisions on business leases.