BCC 474/2009

The original dispute involved an eviction request where a property was being used for a purpose contrary to the tenancy agreement. The property owner's case was confirmed by hearings at the court of first instance and court of appeal. The tenant's appeal to the Court of Cassation was thrown out because the property owner had died before he had filed the appeal.

Background

A property owner filed a case (Case Number 7340/2007-Civil Minor Court) against a tenant claiming he had signed a tenancy agreement with him on 01/04/2003 to rent a storage facility for 12 years to store food. He claimed he had given the tenant permission to sub-rent the storage facility on the condition that any sub-renting tenant used the storage for the same purpose. However, the tenant violated the tenancy agreement by using the storage as a car repair shop and delayed paying the rent. The property owner asked the tenant to vacate the property. The court of first instance ordered the tenant to vacate the property. The tenant appealed before the court of appeal, which ratified the ruling.

Decision