NewsWhore
12-12-2008, 03:30 PM
The Supreme Court has ruled that property owners can evict a tenant when the tenant uses the property for a purpose other than agreed in the written contract. The ruling overrides Decree 4807 from 1959 that strongly favored the tenant. Listin Diario reports that the ruling came about as a result of the case presented by Antun Hermanos & Co that wanted to end its lease to tenant Julio Victor Giraldez Casasnovas.
The Antun company had leased a house for residential use and it was used as a veterinary clinic. The 1959 decree enabled the tenant to give the property a different use and the owner would not be able to evict him unless they could demonstrate that this use damaged the owner or breached the public order. The Supreme Court ruled that the decree was in violation of the Civil Code Art 1729 that establishes that if a tenant uses the property differently and could damage it in the process, the contract can be rescinded. The Supreme Court also based its decision on the Civil Code Art 1737 that establishes that the lease ends at the expiration of the fixed term, when this was established in writing, without need to notify the eviction.
Listin Diario reports that while the ruling was specific to a particular case, it sets a legal precedent that can be applied to future cases. The Supreme Court decision should encourage more owners to put their properties on the market, now that eviction of tenants who breach a contract will now be easier.
More... (http://www.dr1.com/index.html#12)
The Antun company had leased a house for residential use and it was used as a veterinary clinic. The 1959 decree enabled the tenant to give the property a different use and the owner would not be able to evict him unless they could demonstrate that this use damaged the owner or breached the public order. The Supreme Court ruled that the decree was in violation of the Civil Code Art 1729 that establishes that if a tenant uses the property differently and could damage it in the process, the contract can be rescinded. The Supreme Court also based its decision on the Civil Code Art 1737 that establishes that the lease ends at the expiration of the fixed term, when this was established in writing, without need to notify the eviction.
Listin Diario reports that while the ruling was specific to a particular case, it sets a legal precedent that can be applied to future cases. The Supreme Court decision should encourage more owners to put their properties on the market, now that eviction of tenants who breach a contract will now be easier.
More... (http://www.dr1.com/index.html#12)