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Rent following a fire

Viru Maakohus · First instance

Contracts and servicesTenancy and leaseApartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayDamage and insuranceFire

Rent following a fire

Judgment · Viru Maakohus · First instance

KÜ Kangelaste 9 · MTÜ Uus Võimalus · 80170532 · 80353936

Entry into force has not been reverified

Participants and roles: claimant and landlord — KÜ Kangelaste 9; defendant and tenant — MTÜ Uus Võimalus

How it started · editorial summary

The court did not establish a rent exemption in exchange for repairs.

The dispute and the court’s decision

KÜ Kangelaste 9 (now — Narva linn, Kangelaste prospekt 9 korteriühistu). KÜ Kangelaste 9 leased non-residential premises to MTÜ Uus Võimalus. After a fire, the tenant disputed rent for September and October 2014, citing unusability and a promised rent exemption in exchange for repairs. The court found no proof of that agreement and held the termination notice non-compliant. The handover record and testimony established termination on 25 October 2014. Crediting 38.13 euros paid after the claim, the court awarded debt of 782.15 euros, accrued late-payment interest of 278.67 euros and 0.1% per day on unpaid principal from 7 November 2015 until performance. Collection costs of 40 euros and procedural costs of 1,268 euros were also awarded. This decides the particular contract and does not establish subsequent payment.

Outcome of this decision

Debt of 782.15 euros, late-payment interest of 278.67 euros and continuing late-payment interest, 40 euros collection costs and 1,268 euros procedural costs awarded.
Translation of an anonymised, abridged excerpt from Estonian
1. Allow the claim in full.