Jugement Kantonsgericht (VD - Pron/2011/49)

Canton:	VD
Case number:	Pron/2011/49

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid Pron/2011/49 vom 24.06.2011 (VD)

Date:	24.06.2011
Force of law:	-

Summary:	On March 14, 2012, the Chambre des recours civile approved the tenant's appeal against the writ of execution of the Justice of the Peace of the District of Lausanne. The writ of execution was revoked because the tenant did not meet the necessary conditions for execution. The tenant had not paid the rent, but she had asked the landlord to fix the defects in the apartment for her. The landlady had not corrected the defects, so that the tenant could withhold the rent. The tenant now does not have to move out of the apartment. More detailed summary The tenant Z.________ had the rent for the apartment at the address [...] not paid. The landlord H.________ had therefore applied for an enforcement order. The Justice of the Peace of the District of Lausanne had issued the enforcement order on 21 September 2010. The tenant had filed an appeal against the writ of execution. He argued that the landlady had not fixed the defects in the apartment. The tenant had asked the landlady to correct the defects. However, the landlady had not corrected the defects. The Chambre des recours civile has approved the tenant's recourse. She canceled the writ of execution. The Chambre des recours civile has decided that the landlord must remedy the defects in the apartment before she can claim the rent. The tenant does not have to move out of the apartment now.
Rule of Law:	Art. 100 LTF;Art. 321 CPC;Art. 326 CPC;Art. 339 CPC;Art. 405 CPC;Art. 74 LTF;
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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