III ARN 14/94
AI generated
Supreme Court allows tenant eviction from apartment in multi-family home based on area surplus.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned a lower court decision that denied a co-owner's request to evict a tenant from a shared apartment. The court found that the tenant occupied an area exceeding the standard density norms, creating a surplus that justified eviction. Consequently, the court ruled that the legal provision applies to multi-family homes where ownership is shared, not just to houses with individually demarcated units.
Legislator headnote
AI generatedArt. 44 ust. 3 Prawa lokalowego; Art. 29 ust. 1 pkt 2 Prawa lokalowego: The requirement for a tenant's area to exceed the standard density applies to owners of multi-family homes where ownership is shared, allowing eviction based on the existence of a surplus area even without individually demarcated units.
Keywords
AI generated
multi-family home ownership
tenant eviction rights
area density norms
co-ownership legal action
local housing law
Cited Legislation
AI generatedArt. 44 ust. 3 of the Local Housing Law
Art. 29 ust. 1 pkt 2 of the Local Housing Law
Art. 209 of the Civil Code
Art. 422 § 2 of the Code of Civil Procedure
Art. 210 of the Code of Administrative Procedure
Art. 211 of the Code of Administrative Procedure
art. 207 § 5 k.p
art. 205 § 5 k.p
art. 210 k.p
art. 140 k.c
Cited Case Law
AI generatedIII ARN 95/92