| Canton: | VD |
| Case number: | HC/2020/417 |
| Instance: | Kantonsgericht |
| Department: | Chambre des recours civile |
| Date: | 15.06.2020 |
| Force of law: | - |
| Summary: | The tenant S._______ was sued by the landlord R.________ from the apartment. The tenant had not paid the rent and damaged the apartment. The court acquitted the landlady and ordered the eviction of the apartment. The tenant appealed, which was rejected by the court. The tenant must now vacate the apartment and bear the costs of the procedure. More detailed summary: The tenant S.________ lived in the apartment of the landlady R.________ in Lausanne. She did not pay the rent and damaged the apartment. The landlord sued the tenant for eviction of the apartment. The court agreed with the landlord. The tenant had not paid the rent and damaged the apartment. The eviction of the apartment was ordered. The tenant appealed, which was rejected by the court. The tenant must now vacate the apartment and bear the costs of the procedure. Justification of the court: The court found that the tenant had violated her contractual obligations. She had not paid the rent and damaged the apartment. Therefore, the landlady had the right to demand the eviction of the apartment. The tenant's appeal was unfounded. The tenant had not proven that she could not pay the rent. The damage to the apartment was another violation of contractual obligations. Consequences of the decision: The tenant must now vacate the apartment and bear the costs of the procedure. She has lost the apartment and has to look for a new apartment. |
| Rule of Law: | Art. 100 LTF;Art. 126 CPC;Art. 17 LP;Art. 257 CPC;Art. 308 CPC;Art. 319 CPC;Art. 321 CPC;Art. 322 CPC;Art. 326 CPC;Art. 74 LTF;Art. 97 LTF; |
| BGE reference:: | - |
| Comment: | Spühler, Basler Kommentar ZPO, Art. 319 ZPO, 2013 |
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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