ECC 2418/2000

This case involved a request for eviction because of repeated delays in paying the rent. Although there was a previous case involving a rent delay, the events had happened before the law on repeated delays came into force and this could not be applied retrospectively.

Background

A landlord filed a case against a tenant requesting the vacation and handing over of a property due to delays in paying the rent. The court of first instance issued a ruling requesting the tenant to vacate and hand over the property. The tenant and the landlord appealed the ruling. The court appointed an expert and following the submission of the expert's report the landlord's heirs requested the eviction due to late rent payments. The court of appeal upheld the ruling.

Decision

The tenant appealed the ruling before the court of cassation claiming that the court based its ruling on a claim that there were repeated delays in paying the rent as per the court ruling issued by the court of first instance however the ruling was issued under a law that did not consider repeated delays in payment of rent as an independent reason for eviction.