Jugement Kantonsgericht (VD - HC/2019/138)

Canton:	VD
Case number:	HC/2019/138

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2019/138 vom 22.03.2019 (VD)

Date:	22.03.2019
Force of law:	-

Summary:	C., a tenant in Lausanne, G., his landlady in Fribourg, complains about defects in the apartment. The District Court of Freiburg agrees with G. and dismisses the lawsuit. C. appeals, arguing that the shortcomings were not caused by the normal use of the apartment. The Cantonal Court agrees with C. and condemns G. to remedy the deficiencies. The costs of the procedure shall be borne by G. More detailed summary: C. rents an apartment from G. in Lausanne. He claims that the apartment has defects that were not caused by normal use. He sues G. for rectification of the defects and for payment of damages. The District Court of Freiburg agrees with G. and dismisses the lawsuit. It argues that the shortcomings were caused by the normal use of the apartment. C. appeals. The Cantonal Court agrees with C. It notes that the shortcomings were not caused by the normal use of the apartment. It condemns G. to remedy the defects and C. to pay damages. The costs of the procedure shall be borne by G. More details: The defects that C. claims are, among other things, a crack in the wall, a loose tile and a defective heater. The District Court of Freiburg has established that the defects were caused by the normal use of the apartment, because they occurred in places that are used by the tenant. The Cantonal Court found that the defects were not caused by the normal use of the apartment, because they occurred in places that are not used by the tenant. Legal consequences: G. must remedy the defects and c. pay damages. The costs of the procedure shall be borne by G.
Rule of Law:	Art. 100 LTF;Art. 105 CPC;Art. 109 CPC;Art. 241 CPC;Art. 74 LTF;Art. 95 CPC;Art. 96 CPC;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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