Background

A lessor filed a case before the Court of First Instance against a lessee who refused to temporarily vacate their property in order to carry out maintenance and repair work.

The court ruled that the defendant shall vacate the property.

The plaintiff filed an appeal before the Appeal Court who confirmed the First Instance Ruling.

Decision

The plaintiff filed an appeal in cassation on the grounds that the appealed ruling had erred in the application of the law because the plaintiff requested the vacation of the leased premises temporarily until completion of maintenance and restoration work. However, the court ruled for a final eviction without determining a time limit for the defendant to return after the completion of the work.

The court said that the First Instance court must comply with the limits of the case requests.