Background

A landlord filed a case against a tenant and requested the court to dismiss a tenancy agreement dated 01/06/1989 and order the tenant to vacate the rented property. The landlord stated the tenant had refused to pay the rent from 01/08/1989 until 16/04/1994.

The court ruled the tenancy agreement should be dismissed and the tenant should vacate the property.

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.

The court of cassation raised issues which related to the general system. The court stated that the tenant had maintained before the court of appeal that he should not pay cleaning fees and provided the court with a document issued by the local council which proved his claim but the court had ignored this defence and ruled he should vacate the property.

The court repealed the ruling.