Lessor's Eviction Action and Tenant's Counterclaim for Business Damages Due to Unfit Premises

A lessor sued to terminate a lease and evict a tenant for non-payment of rent, and the tenant counterclaimed for damages alleging that the rented commercial premises were unfit for their intended use due to hidden defects that the lessor failed to remedy after being notified, leading to a business loss. The Court of Cassation quashed the lower court's decision that rejected the tenant's counterclaim, reasoning that the tenant, having properly notified the lessor of the defects rendering the premises unsuitable for the agreed business activity, was entitled to seek damages for the ensuing business losses, even if the non-payment of rent itself justified termination of the lease.