Background

Landlords filed a case against a tenant requesting that the court order the tenant to vacate a flat as he had failed to pay rent.

The court ruled that the tenant vacate the flat.

The tenant appealed and the appeal court rejected the case.

The landlords appealed by cassation.

Decision

Before the cassation court, the landlords argued that the court had ruled that they had no right to claim the rent as a clearance existed between the rental amount and the amount of money that a previous criminal ruling had ordered the first claimant to pay, however the defendant had provided the court with an agreement reached with the landlords in which he had agreed to a rental discount which intercepted the statute of limitations.

The court held that this argument was valid as the court is required to investigate the conditions of the statute of limitations, including its period and any incidents that may intercept it.

The court therefore repealed the ruling.