Inadequate cleaning: the association breached its duty, but the company did not prove loss

The court found inadequate cleaning but refused compensation: a breach by the association did not itself prove the claimed loss.

OÜ IKB sought 468 euros in damages from KÜ NARVA LOOTUS for inadequate cleaning of the grounds. The company treated the fees paid for December 2012 to November 2013 as its loss and also referred to lost rental profit from commercial premises. The association maintained that services had been provided and that the company already paid less than the usual fee. The court found a breach of the association’s duty to maintain the grounds. Photographs and correspondence showed uncleared snow and rubbish. The caretaker’s limited working hours did not relieve the association of organising and funding adequate cleaning. However, the court did not find that no service had been provided at all. The claim failed because loss was not proved. The extent of the service that had not been provided could not be established, so the entire 468 euros paid was not treated as loss. No evidence established the lost profit or its amount. The company had not brought a separate claim for a declaration that it had no duty to pay the invoices. OÜ IKB must bear the proceedings costs. The association’s requested legal and witness costs were not quantified in this judgment; their amount was left for a separate order after the judgment became final. The court expressly permitted an appeal.

The 468-euro claim was dismissed. Inadequate cleaning breached the association’s duty, but loss was not proved. The company bears costs, to be quantified separately.