III C 1086/15
AI generated
Tenant's eviction claim dismissed due to insufficient evidence of rent calculation and unpaid utility fees.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the landlord's claim for unauthorized use of the apartment, ruling that the plaintiff failed to prove the specific rent rate and utility payments. The defendant argued she was unable to pay due to disability and municipal delays, but the court found her evidence insufficient to establish these facts. Consequently, the claim was rejected, and the plaintiff was ordered to bear the legal costs.
Legislator headnote
AI generatedArt. 415 § 1 k.c.; Art. 416 § 1 k.c.; The court must find facts based on evidence; a claim for damages for unauthorized use is dismissed if the plaintiff fails to substantiate the calculated rent or the defendant's inability to pay.
Keywords
AI generated
unauthorized use of property
rent calculation evidence
utility fee payment
disability defense
legal costs allocation
tenant eviction claim
burden of proof
Cited Legislation
AI generatedArt. 415 § 1 k.c.
Art. 416 § 1 k.c.
Art. 98 § 1 k.p.c.
Art. 98 § 3 k.p.c.
Art. 99 k.p.c.
§ 6 pkt 5 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002r.
art. 207 § 7 k.p.c
art. 5 k.c
art. 199 § 1 pkt 2 k.p.c
art. 230 k.p.c