TOMASZ PRZYBECKI
22-06-2010

Evictions – invalidity of court settlement

The firm took on an interesting case in the field of housing law.

The law firm’s client, as a defendant in the property case, entered into a settlement agreement in which she agreed to vacate the property by a certain date. Despite the fact that the plaintiff had been living in the premises with her family of 3 from the beginning, under a lending agreement, the plaintiff decided to file a lawsuit only against the client. According to the law firm, the court’s approval of the settlement was, at the very least, premature, as the settlement violates the mandatory provisions of the Law on

Protection of the rights of tenants, the housing stock of the municipality and the amendment of the Civil Code, since all the persons living in the premises were not summoned to participate, the relevant municipality was not summoned to participate in the case, and, above all, the conclusion of the settlement led to the circumvention of the provisions of the law providing for the possibility of granting social housing to the evicted persons. The case will be decided by the court.