KCC 542/2005

This case involved the eviction of tenants due to late payment of rent. The tenant wrongly argued rent for March 2003 was not due from them as this had been paid by a subtenant to the landlord. This was irrelevant as they had not paid that rent to the landlord.

Background

A landlord filed a case against two tenants and requested the court to order the tenants to vacate the rented property and pay late rent.

During the consideration of the case the landlord surrendered his case against the second tenant.

The court ruled that the tenancy agreement should be dismissed and the first tenant should vacate the property and pay 12.500 Dinars in late rent.

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

Decision

The first defendant appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had contractions of material documentary evidence. She had maintained before the court that the landlord had no right to claim the rent for March 2003 because the sub-tenant had admitted in the case documents that he had paid this rent to the landlord.