BCC 424/2008

Background

A landlord filed a case against a tenant before the court requesting the tenant vacate the rented building. The landlord then amended his request and requested the tenant to pay him 11000 Dinars for the rent for May and June.

The court ruled that the tenant should pay the landlord 11000 Dinars.

The tenant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The tenant appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had erred in the application of law and had contradictions of material documentary evidence. It was said that the court had ruled that she should pay the rent of June though they vacated the building on 10/06/2006.

The court said that this argument was valid because the tenancy agreement stipulated that the rent fell due on 15th of each month. The court said that the tenant vacated the building before the mentioned date and so should not pay the rent of June.

The court repealed the ruling.