I C 2157/15 AI generated

Landlord wins partial lease termination claim for environmental damage but loses crop loss damages.

Case Number I C 2157/15

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2017-02-06

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's claim for crop collection costs while awarding damages for the immediate termination of the lease due to severe environmental destruction. The plaintiff successfully argued that the tenant's illegal actions, including the destruction of drainage ditches and poisoning of the environment, violated the lease agreement and justified immediate termination. However, the court ruled that since the lease ended in February, the tenant was responsible for the risk of harvest losses, which the plaintiff could not claim against the defendant.

Legislator headnote

AI generated

§ 5 ust. 1, 2; § 4 umowy dzierżawy; The court held that a landlord may terminate a lease immediately upon the tenant's fundamental breach of environmental protection obligations, but cannot claim damages for crop losses incurred after the termination date.

Keywords

AI generated

lease termination environmental damage crop loss damages fundamental breach tenant liability lease agreement agricultural land

Cited Legislation

AI generated

§ 5 ust. 1, 2; § 4 umowy dzierżawy

art. 100 k.p.c.

art. 548 k.c

art. 746 k.p.c

art. 693 k.c

art. 696 k.c

art. 83 k.c

art. 6 k.c

Art. 746§1 k.p.c

art. 410 k.c

Cited Case Law

AI generated

III CZP 53/72

VI ACa 535/13

Court allows claim by correcting preclusive period start date to claim formation day under Civil Procedure Code.

Landlord wins partial lease termination claim for environmental damage but loses crop loss damages.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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