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Jugement Kantonsgericht (VD - HC/2020/229)


Canton:VD
Case number:HC/2020/229
Instance:Kantonsgericht
Department:Chambre des recours civile
Kantonsgericht Entscheid HC/2020/229 vom 04.03.2020 (VD)
Date:04.03.2020
Force of law:-
Summary:The tenant S._______ filed a complaint against the landlord H.________ against a decision of the Arbitration Commission for leases of the district of Lausanne. The appeal was approved. The court concluded that the landlady had not increased the rent on time. The rent was therefore reset to the original amount. The lessor must bear the costs of the procedure. More detailed summary: The tenant S.________ rented an apartment in Lausanne from the landlady H.________. In January 2020, the landlord charged a rent increase of 5%. The tenant filed a complaint against this increase with the Arbitration Commission for leases of the district of Lausanne. The arbitration commission rejected the appeal. The tenant then filed a complaint with the Cantonal Court of Vaud. The cantonal court rejected the landlord's appeal and proved the tenant right. The court concluded that the landlady had not filed the rent increase on time. The rent increase was therefore ineffective. The rent was therefore reset to the original amount. The lessor must bear the costs of the procedure. Justification of the judgment: The Cantonal Court found that the lessor had not submitted the rent increase on time. The landlady had only submitted the increase on January 3, 2020. However, the deadline for submitting a rent increase is 3 months before the increase comes into force. Since the increase was supposed to come into force on April 1, 2020, the increase was therefore ineffective. The Cantonal Court also rejected the landlord's argument that the tenant had already accepted the increase. The court found that the consent of the tenant was not sufficient to eliminate the ineffectiveness of the increase.
Rule of Law:Art. 100 BGG;Art. 106 ZPO;Art. 138 ZPO;Art. 148 ZPO;Art. 308 ZPO;Art. 319 ZPO;Art. 322 ZPO;Art. 326 ZPO;Art. 74 BGG;Art. 97 BGG;
BGE reference::-
Comment:
Spühler, Schweizer, Basler Kommentar Schweizerische Zivilprozessordnung ZPO, Art. 319 ZPO, 2017
Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

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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