Federal Court case appeal over Real Estate ends successfully

Walder Wyss won an appeal to the Federal Court in connection with a lease expulsion matter.

The legal team

In particular the law firm acted with partner Nicolas Iynedjian (real estate, pictured) and associate Marie Stenger (real estate).

The case

In particular, the Federal Court ruled that the tenant had to be removed from the premises on a clear case summary proceeding despite no signed contract, a dispute on the amount of the initial rent and the termination of the lease being challenged before courts. In substance, the Court retained that, as the tenant admitted to owing to the landlord a certain amount of monthly rent and had not paid such admitted amounts, such admission by the tenant and the default in payment by the tenant were sufficient to grant the request by the landlord to remove the tenant from the premises on a clear case summary proceeding. The appeal was admitted and the contested judgment reformed in that the tenant is ordered to immediately evacuate his person and his property, as well as any third party for which he is responsible from the premises. The judgment was communicated to the parties and to the Lease and Rent Chamber of the Court of Justice of the Canton of Geneva.